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Agenda Packet City Council - 07/22/2014
Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com ' Meeting Agenda - Final ap'141YgV'xi;V City Council Tuesday,July 22,2014 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 Priest Lakshmi Srinivasacharyulu Anikepalle, Sri Venkateswara Temple. C. Pledge of Allegiance to the Flag of the United States to be led by Esther Velazquez, Assistant to the City Manager. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 1 -00826 Proclamation declaring July 26, 2014 as, "Feria De Las Flores Day" Certificate of Commendation Presentation to Judge Rodolfo Tamez Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 712112014 City Council Meeting Agenda-Final July 22,2014 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. City Performance Report -Utilities - Maintenance of Lines b. CIP - Encantada C. Other H. EXECUTIVE SESSION: (ITEMS 2 -4) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. 14-00799 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session 3. 14-00832 Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorneys regarding wastewater matters involving U.S. Environmental Protection Agency and Texas Commission on Environmental Quality with possible discussion and action in open session. 4. 14-00833 Executive session pursuant to Sections 551.071 and 551.072, Texas Government Code, and Rule 1.05 Texas Disciplinary Rules of Professional Conduct, to consult with attorneys regarding possible litigation related to the Mary Rhodes Pipeline Phase II, with possible discussion and action in open session Corpus Christi Page 2 Printed on 712112014 City Council Meeting Agenda'Final July 22.2014 i 5. Regular Meeting cf July 15' 2014 Attachments: Mi J. BOARDS &COMMITTEE APPOINTMENTS: G. Ethics Commission Leadership Committee for Senior Services Planning Commission Attachments: 07-22-14 Boards_Commissions&Commiftees K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, orordinances. If deemed appropriate, the City Council will use adifferent method of adoption from the one listed;may finally pass an ordinance byadopting it as an emergency measure rather than a two reading ordinance�or may mo��the aobon apoo�od Amobonhor000na�or may bo made atbh�moobngofa vote at the last regular, ora subsequent special moobng,-such agendas are incorporated herein for reconsideration and action on any reconsidered item. L CONSENT AGENDA: (NONE) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances ofa routine or administrative nature. The Council has been furnished with background and support material on each item, andlor it has been discussed at a previous meeting. All items will bo 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 bo adopted by one vote. M. PUBLIC HEARINGS: (ITEM 7) 7. 14- }07{6 Public Hearing and First Reading Ordinance -Rezoningfnommthe ^FiE^ Residential Estate District to the "CG-2" General Commercial District, on property located mt822 Graham Road Case No. 0614-03 CCSemloh Partnership, Ltd.: A change ofzoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. The property to be rezoned is described as a 10.861-acre tract of land out of Lot 10. Section 48. Flour Bluff and Enoina| Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road. Planning Commission (June 18, 2014): Approval of the change of zoning from the "RE" Residential Estate District tothe "CG-2" General Connnnepoia| District. Corpus Christi Page Printed onnu»mo/4 City Council Meeting Agenda-Final July 22,2014 Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-CCSemloh Partnership, Ltd Ordinance- PC Recommendation CCSemloh Partnership, Ltd OrdinanceSP-City Staff Recommendation CCSemloh Partnership, Ltd Zoning Report-CCSemloh Partnership, Ltd Aerial Overview Map-CCSemloh Partnership, Ltd N. REGULAR AGENDA: (ITEMS 8 -9) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 8. 14-00706 Second Reading Ordinance - Lease agreement with Coastal Bend Friends of Aquatics for Parker pool (1st Reading 6124114) Ordinance authorizing the City Manager or designee to execute a lease agreement for the Parker Pool with the Coastal Bend Friends of Aquatics for a term of five years. Attachments: Agenda Memo- Parker Pool Lease Ordinance-Parker Pool Lease 2014- Parks(revised) Lease Agreement-Parker Pool signed 9. 14-00682 Second Reading Ordinance - Ratifying lease assignment and approving amendment of lease agreement for additional office space at the airport (1st Reading 6124114) Ordinance ratifying lease assignment to WDFG North America, LLC ("WDFG"), and authorizing the City Manager to execute a first amendment to the long-term lease agreement with WDFG to provide additional space for the operation of a news and gift concession at the Corpus Christi International Airport; providing for publication; providing for severance. Attachments: Agenda Memo-WDFG North America LLC Ordinance-WDFG Lease First Aendent.pdf Lease Agreement-First Amendment to Long Term Lease-WDFG Assignment and Assumption Agreement-Host-WDFG Assignment O. FIRST READING ORDINANCES: (ITEMS 10 -19) Corpus Christi Page 4 Printed on 712112014 City Council Meeting Agenda-Final July 22,2014 10. 14-00755 First Reading Ordinance -Accepting and appropriating State grant for the 2015 Selective Traffic Enforcement Program (STEP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of$40,266.75, for a total project cost of$138,348.75 and appropriating $98,082.00 in the No. 1061 Police Grants Fund. Attachments: Agenda memo-STEP appropriation 07.22.2014 Ordinance-STEP Appropriation 07.22.2014 Agreement-STEP Appropriation 2015 11. 14-00741 First Reading Ordinance -Amending City Code to modify the peddler permit and unlawful solicitation sections of the code Ordinance amending Chapter 38, Section 22 of the Corpus Christi Code to modify the hours soliciting is allowed and to prohibit soliciting at homes with no soliciting or trespass signs; amending Chapter 38, Section 6 of the Corpus Christi Code to require proof of identification and background checks for peddler, commercial solicitor and itinerant merchant permittees and deny permits to applicants convicted of any felony or of any offense involving moral turpitude; amending Chapter 38, Section 4 of the Corpus Christi Code to require the displaying of permit; amending Chapter 38, Section 3 and Section 2 of the Corpus Christi Code to exempt local youth organizations from permitting process; amending Chapter 38, ARTICLE II. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus Christi Code in its entirety; providing for severance; providing for publication; providing for penalty; and providing an effective date. Attachments: Agenda memo- peddler ordinance action 07.22.2014 Ordinance- Peddler Revision 2014-Police(2} 12. 14-00761 First Reading Ordinance -Accepting and appropriating additional funding for the Women, Infants and Children (WIC) grant program Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant amendment in the amount of$141,003.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of this grant amendment to begin as of June 6, 2014. Corpus Christi Page 5 Printed on 712112014 City Council Meeting Agenda'Final July 22.2014 Attachments: Ordinance-WIC qLgEL2Mg�nt.pdf Current award lefter-WIC grant amendment.pdf Contract Amendment-WIC grant amendment.pdf 13. 14-00776 FirstRemding [}ndinmnoe -Aooeptingmndmppnoprimtingfundsfor park improvements Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $658.416.54in developer contributions and $220.S3in interest earnings for a sum of $658.637.47 in the No. 4720 Community Enrichment Fund for park innprovennento, and other related projects. Attachments: 14. 14-}0{ 13 First Reading Ordinance -Closing m portion of utility easement located west of the South Padre Island Drive (Park Road 22) state right-of-wmy, and north of the EnomntmdmAvenue public right-of-way Ordinance abandoning and vacating a 1,361-square foot portion of an existing utility easement out ofa part of Lot 10A and Lot 12. B|k. 16. Padre Island Number 1. located west of the South Padre Island Drive (Park Road 22) state right-of-vvay, and north of the Enoantada Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. Attachments: Agenda-Memo-Abandon_and_Vacate,__Padre Island No._1_,__Bl k.__l 6,__Lots 10A& I 15. 14-00812 First Reading Ordinance -Closing m portion of utility easement located north of the EnomntmdmAvenue public right-of-wmy, and east of the Pm|mminoAvmnue public right-of-way Ordinance abandoning and vacating a2.130-oquane foot portion ofa 10-foot wide utility easement out ofa part of Lots 7B. 8B. SB. 10A. 1013. and 12. B|k. 16. Padre Island Number 1, located north of the Enoantada Avenue public right-of-vvay, and east of the Pa|nnina Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. Attachments: Agenda Mem -Abandon and Vacate, Padre Island No. 1 L ts 7B-1 2. Ordinance-Abandon and Vacate Padre_IslandNo. 1 Lots 7B-12. 16 14-}07{ 3 First Reading Ordinance - Engineering construction contract for Corpus Christi Page Printed onnu»mo/4 City Council Meeting Agenda-Final July 22,2014 Navigation Boulevard from Up River Road to Leopard Street; amendment no. 1 to an agreement for construction observation services; construction materials testing contract (BOND 2012) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding capital reserves in the amounts of $1,425,000 from Storm Water CIP Fund 3494, $65,650 from Water CIP Fund 4088, $60,847 from Gas CIP Fund 4551, $1,661,514 from Wastewater CIP Fund 4249, transferring $555,557.73 from Street Project 170371 Holly Road from Greenwood to State Highway 286, $1,174,386.14 from Street Project E12102 Twigg from Shoreline to Broadway, $1,575,148.09 from Street Project E12103 Leopard from Crosstown to Palm to the Bond 2012 Street Project Navigation Boulevard from Up River Road to Leopard Street; increasing expenditures in the amount of$3,213,011; authorizing the City Manager or designee to execute a construction contract with Reytec Construction Resources, Inc. from Houston, Texas in the amount of$14,480,215 for Navigation Boulevard from Up River Road to Leopard Street for the Base Bid and Additive Alternate#3, to execute Amendment#1 to an Engineering Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of$269,818 for a restated fee of$1,062,168, for Navigation Boulevard from Up River Road to Leopard Street for construction observation services, and to execute a Construction Materials Testing Contract with Rock Engineering of Corpus Christi, Texas in the amount of$62,044 for Navigation Boulevard from Up River Road to Leopard Street. (Bond 2012) Attachments: Agenda eo- Navigation Ordinance- Navigation Project Budget-_Navigation Blvd Location Map- Navigation Presentation- Navigation LNV Contract- Navigation Blvd Rock Contract-Navigation 17. 14-00737 First Reading Ordinance - Amending City Code for Utilities to extend utility rates to coordinate with extended fiscal year Ordinance amending the City Code of Ordinances, Chapter 55, Utilities, to continue the current water, gas, and wastewater utility rates adopted by Ordinance 029917 through September 30, 2014, to coordinate with the extended fiscal year for FY 2013-2014, and changing the annual wastewater winter averaging usage to apply to wastewater service after August 31. Corpus Christi Page 7 Printed on 712112014 City Council Meeting Agenda'Final July 22.2014 Attachments: Ordinance-Ordinance to extend Exhibit-Ordinance to extend Utili 18. 14-0XI781 FirstRemding [}ndinmnoe -AmmendingtheCitxoodet000nvmrt portions of streets as one way during school hours as indicated by signs to relieve traffic congestion near Oak Park Elementary Ordinance amending Section 53-250(b) of the Code of Ordinances to designate all traffic shall move only in the direction indicated during the school houro, indicated by signs, on Elmore Drive and Macleod Drive. Attachments: Ordinance-Oak Park.p Presentation-Oak_Park_IEI more Drive and McleodDrivel.p 19. 14-00770 First Reading Ordinance -Amending City Code for Se|f-|nsunonoe; Claims Settlement to reflect current practices and modify authority to settle claims Ordinance amending Chapter 17. Section 17-18 Self-Insurance; o|ainno settlement, of the Corpus Christi Code of Ordinances in its entirety; providing for severance; providing for publication; and providing an effective date Attachments: Ordinance-Self-insurance Ordinance P. FUTURE AGENDA ITEMS: (ITEMS 20 -32) The following items are for Council's informational purposes only. No action will bo taken and no public comment will bosolicited. 20' 14-00590 Supply agreement for non-shear flexible couplings Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for non-shear flexible couplings inaccordance with Bid Invitation No. B|-0147-14 based on lowest local bid for an estimated annual expenditure of$80.2S1.0S. of which $13.381.85io required for the remainder ofFY2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out tothe Utilities Department. Attachments: Agenda Mern - Non-Shear Flexible Couplings 21' 14-0055y� Supply agreement for meter box lids Corpus Christi Page Printed onnu»mo/4 City Council Meeting Agenda-Final July 22,2014 Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for meter box lids in accordance with Bid Invitation No. BI-0154-14 based on lowest responsible bid for an estimated annual expenditure of$52,397.50, of which $17,465.83 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. Attachments: Agenda Mem o- Meter Box Lids Bid Tabulation- Meter Box Lids.pdf 22. 14-00596 Service agreement for custodial services for nine (9) outlying police buildings Motion approving a service agreement with Martin's Janitorial Service, Corpus Christi, Texas for Custodial Services for Outlying Police Buildings in accordance with Bid Invitation No. BI-0176-14, based on only bid for an estimated annual expenditure of$100,644.00, of which $25,161.00 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2013-2014. Attachments: Agenda Mem o-Custodial Services for Outlying Police Buildings Bid Tabulation-Custodial Seryicg for Outlying Police Quildings.pdf Service Agreement-Custodial Services for Outlying Police Buildings 23. 14-00754 Purchase of spare Patterson pump rotating assembly for the Bloomington Pump Station Motion approving the purchase of one (1) spare Patterson pump rotating assembly from The Scruggs Co., Houston, Texas based on sole source for a total amount of$65,290.00. Funds have been budgeted by the Utilities Department in FY 2013-2014. Attachments: Agenda Mem o- Purchase of Spare Patterson Pump Rotating Assebly.pdf Price Sheet- Purchase of Spare Patterson Pump Rotating Assebly.pdf 24. 14-00751 Service agreement for preservation of historical documents Motion approving the purchase of historical document preservation services from Kofile Preservation, Inc., Dallas, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $147,545.73, of which approximately $41,724.64 is required for the remainder of FY 2013-2014. Funds have been budgeted by the Office of the City Secretary in FY 2014-2015 and will be Corpus Christi Page 9 Printed on 712112014 City Council Meeting Agenda'Final July 22.2014 requested in future fiscal years. Attachments: Agenda Mem - Preservation of Historical Documents Price Sheet- Preservation of Historical Documents Se[KLg_Lq[��=t- Preservation of Historical Documents 25. 14-0XI733 Amending inter|oom| agreement to include Nueoes County Emergency District#4msm participant inthe Radio Communications System Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System |nter|ooa| Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueoeo County to include the NueoeoCounh/ Emergency Services District#4 as a participant. Attachments: Resolution -Amendment for District 4 Agreement_-__Interlocal_Cooperation__Aqreement ESD#4 06092014 26. 14-00734 Amending inter|oom| agreement to include the Nueoes Jim Wells County Emergency Services District#5msm participant inthe Radio Communications System Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System |nter|ooa| Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueoeo County to include the Nueoeo Jim Wells County Emergency Services District#5aoaparticipant. Attachments: Agenda memo-agreement for public safety radio system E D5 27. 14-0XI730 Change order no. 4 for head works (Phase 1) and grit system (Phase 2)for Allison Wastewater Treatment Plant Motion authorizing the City Manager or designee to execute Change Order No. 4vvith R.M. Wright Construction Company ofE| Paso, Texas in the amount of$348.897.89. fora total restated fee of$3.281.860.89. for the Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2). Attachments: Presentation-Allison WVVTP Ch P Corpus Christi Page 10 Printed onnu»mo/4 City Council Meeting Agenda'Final July 22.2014 28. 14-[X}469 |nteMoom| agreement for research services for the City's water distribution system Resolution authorizing the City Manager or designee to execute an |ntedooa| Agreement with the University of Texas at Austin for research services for the City's water distribution oyotenn. with City's onot to be $49,547. Attachments: Agreement- Interlocal Agree entUTA 29' 14-0XI784 Amendment no. 1 to engineering monitoring contract for Periodic Conosion Monitoring Survey 2015 for Mary Rhodes Pipeline Motion authorizing the City Manager or designee toexecute Amendment No. 1 to the engineering contract with Russell Corrosion Consultants, LLC of Simpsonville, Maryland in the amount of$46.095. for atotal restated fee not to exceed $75.825 for Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015. Attachments: Agenda Memo- Mary Rhode Corrosion Mon ProLect__Budget_-__Maa_Rhodes Corrosion Monitoring 30. 14-00782! Amendment no. 1 to engineering contract for the Nueoes River Rmnv Water Pump Station Motion authorizing the City Manager or designee toexecute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of$1.688.2SS. for a total restated fee not to exceed $1.738.035 for Nueoeo River Raw Water Pump Station for preliminary, deoign, bid, and construction administration services. Attachments: 31. 14c080817 Purchase consulting hours from |nfor(US), Inc. for duration of |nfor Enterprise Resource Planning (ERP) project Motion approving the purchase of additional consulting hours from |nfnr (US), Inc., Alpharetta, GA, fora total expenditure of$349.400. The Corpus Christi page// Printed onnuxuo/4 City Council Meeting Agenda'Final July 22.2014 acquisition of these consulting hours is available only from |nfor/U2A. Inc. Contingency funds from the |nfnrERP Project wiUbeuoedfnrthio purpose. Attachments: Change Order-Infor Consulting ours 32. 14-0XI785 Renewal of State and Federal external legislative consultant contracts Motion authorizing the City Manager to execute 26-month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for$102.000 per year plus reasonable expenses and with Meyers &Associates for federal governmental relations services for$78.000 per year plus reasonable expenses. Attachments: Agenda Mem -2014 renewal of state &federal lobby contracts Contract- Focused AdvocacyRenewal 073114 Contract-__Meyers_Assoc renewal 072914 Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 33 -34) The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will bosolicited. 33' 14c08079%3 Padre Island Seawall Vehicle Restrictions Attachments: Agenda Mem -Padre island Seawall Vehicle Restrictions Padre Island Seawall Vehicle Restrictions 34. 14-}07{ 8 Bmrisi Village Development project overview and timeline Attachments: R. ADJOURNMENT Corpus Christi Page 12 Printed on 712112014 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 ' cctexas.com Meeting Minutes City Council Tuesday,July 15,2014 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 Pastor Daryl Hunt, Immanuel Fellowship. Pastor Daryl Hurt gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Eddie Ortega, Director of Neighborhood Services. Director of Housing and Community Development Eddie Ortega led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Council Member McIntyre would be absent from the meeting and Council Member Leal has been granted a leave of absence. (Note: Council Member Riojas arrived at 11:50 a.m.) City Manager Ron Olson, Interim City Attorney Barney L. Knight,and City Secretary Rebecca Huerta. Present: 8- Mayor Nelda Martinez,Council Member Kelley AIIen,Council Member Rudy Garza,Council Member David Loeb,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Mark Scott Absent: 1 - Council Member Priscilla Leal E. Proclamations /Commendations (NONE) G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. Corpus Christi Pagel Printed on 711712014 City Council Meeting Minutes July 15,2014 a. Other 1) Mr. Olson announced that yesterday,the City held a news conference to announce the beginning of the Stage 2 requirements of the Water Conservation and Drought Management Plan. Mr. Olson said the City has enough water to use, not enough water to waste and water conservation should be a way of life. Mr. Olson reported that Lake Corpus Christi and Choke Canyon were at 40%capacity and Lake Texana is 100%full. Mr. Olson added that by May 2015, Mary Rhodes Pipeline Phase II is expected to be completed. 2)The City will hold two public meetings on the following street projects:a) Alameda Street from Kinney to Lipan -July 16th beginning at 5:30 p.m.at City Hall,6th Floor b)Waldron Road from Glenoak Drive to Caribbean Drive-July 21st beginning at 5:30 p.m.at 3125 Waldron Road 3) Mr. Olson reported the addition of the new Property Tax Calculator to the City's website.4) Mr. Olson announced the Executive Director of Public Works Dan Biles is leaving the City and presented him with a plaque to express appreciation and recognition for Mr. Biles'service to the City of Corpus Christi. H. EXECUTIVE SESSION: (NONE) I. MINUTES: 1. Regular Meeting of July 8, 2014 Mayor Martinez referred to approval of the minutes. Council Member Magill made a motion to approve the minutes,seconded by Council Member Scott and passed unanimously. J. BOARDS &COMMITTEE APPOINTMENTS: 2. Civil Service Commission Civil Service Board Mayor Martinez referred to board and committee appointments.The following appointments were made: Civil Service Commission Council Member Loeb made a motion to support the City Manager's recommendation to appoint Paul Grivich and Guy Nickleson, seconded by Council Member Scott and passed unanimously. Civil Service Board Council Member Loeb made a motion to appoint Paul Grivich and Guy Nickleson,seconded by Council Member Scott and passed unanimously. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 3 - 17) Corpus Christi Page 2 Printed on 711712014 City Council Meeting Minutes July 15,2014 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: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member Riojas and Council Member Scott Absent: 2- Council Member Leal and Council Member McIntyre Abstained: 0 3. Purchase of Tahoe police pursuit vehicles Motion approving the purchase of three (3) Tahoe police pursuit vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of$97,148.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-086 4. Supply agreement for blueprinting services Motion approving a supply agreement with ARC Document Solutions, Corpus Christi, Texas for blueprinting services in accordance with Bid Invitation No. BI-0160-14 based on only bid for an estimated annual expenditure of$116,009.74, of which $19,334.97 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-087 5. Supply agreement for liquid ammonium sulfate Motion approving a supply agreement with Chemtrade Chemicals US LLC, Parsippany, New Jersey for liquid ammonium sulfate in accordance with Bid Invitation No. BI-0161-14 based on lowest responsible bid for an estimated semi-annual expenditure of $119,000.00, of which $9,916.67 is required for the remainder of FY 2013-2014. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six-month periods, Corpus Christi Page 3 Printed on 711712014 City Council Meeting Minutes July 15,2014 subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-088 6. Supply agreement for gate valves Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for gate valves in accordance with Bid Invitation No. BI-0184-14 based on lowest responsible bid for an estimated annual expenditure of$127,880.60, of which $21,313.43 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. This Motion was passed on the Consent Agenda. Enactment No: M2014-089 7. Purchase of railcar weigh scales Motion approving the purchase of two (2) railcar weigh scales from Walz Scale, East Peoria, Illinois based on sole source for a total amount of$214,000.00. Funds have been budgeted by the Utilities Department in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-090 8. Sole source agreement for the purchase, installation and maintenance support of ActiveG software Motion approving a sole source agreement with ActiveG, LLC., of Mesa, Arizona, for the purchase of software license, installation services and maintenance support of ActiveG software for a total expenditure of$177,000 of which $149,800 is required for the remainder of FY2013-2014. Funds have been budgeted by the Municipal Information Services and the Utilities Department in FY2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-091 9. Engineering construction contract for repairing and replacing aging equipment at Greenwood Wastewater Treatment Plant Corpus Christi Page 4 Printed on 711712014 City Council Meeting Minutes July 15,2014 Motion authorizing the City Manager or designee to execute a construction contract with Palacios Marine & Industrial Coating, Inc. of Palacios, Texas in the amount of$716,043.51, for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for the base bid. This Motion was passed on the Consent Agenda. Enactment No: M2014-092 10. Engineering construction contract for Animal Control Remodel Improvements (BOND 2012) Motion authorizing the City Manager or designee to execute a construction contract with LNV, Inc., of Corpus Christi, Texas in the amount of$879,550.00, for the Animal Control Remodel Improvements for the Base Bid with Additive Bid Alternate#1 (Crematorium incinerator) and Additive Bid #2 (Dedicated outside air HVAC system). BOND 2012. This Motion was passed on the Consent Agenda. Enactment No: M2014-093 11. Advance Funding Agreement with Texas Department of Transportation (TXDOT)and amendment no. 1 to engineering design contract for Citywide Signage Upgrades and Citywide Street Overlay Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for Citywide Signage Upgrade and Citywide Street Overlay with the City's participation in the amount of$283,999 (alongside TXDOT's participation of$1,136,004); and authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with Govind Development, LLC from Corpus Christi, Texas in the amount of$139,335, for a total re-stated fee of$183,335, for Citywide Signage Upgrade and Citywide Street Overlay for the design, bid, and construction phase services. This Resolution was passed on the Consent Agenda. Enactment No: 030223 12. Memorandum of Understanding with Guadalupe-Blanco River Authority (GBRA) Resolution authorizing the City Manager or designee to execute a Memorandum of Understanding with Guadalupe-Blanco River Authority for joint development of water supply projects. Corpus Christi Page 5 Printed on 711712014 City Council Meeting Minutes July 15,2014 This Resolution was passed on the Consent Agenda. Enactment No: 030224 13. Second Reading Ordinance - Rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2, on property located at 6902 South Staples Street (1st Reading 718114) Case No. 0614-01 Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd.: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2. The property to be rezoned is described as 7.61 Acres out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of South Staples Street, approximately 300 feet north of Corsica Road. Planning Commission and Staff Recommendation (June 4, 2014): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. ("Owners"), by changing the UDC Zoning Map in reference to 7.61 acres out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030225 14. Second Reading Ordinance - Rezoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District, on property located at 829 Caribbean Drive (1st Reading 718114) Case No. 0614-02 Mostaghasi Investment Trust: A change of zoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District. The property to be rezoned is described as 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Caribbean Drive approximately 1,900 feet east of Flour Bluff Drive. Corpus Christi Page 6 Printed on 711712014 City Council Meeting Minutes July 15,2014 Planning Commission and Staff Recommendation (June 4, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030226 15. Second Reading Ordinance - Appropriating funds for the repair of wrecked CNG refuse truck (1st Reading 718114) Ordinance appropriating a total of $99,526.64 for the repair of one (1) wrecked CNG refuse truck by Heil of Texas, San Antonio, TX, based on sole source; appropriating $50,405.45 of revenue from insurance proceeds in the No. 5110 Fleet Maintenance Services Fund; appropriating $49,121.19 from the unreserved fund balance in the No. 5110 Fleet Maintenance Services Fund; and changing the operating budget adopted by Ordinance No. 029915 by increasing revenue by $50,405.45 and expenditures by $99,526.64. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030227 16. Second Reading Ordinance - Amending the City Code of Ordinances regarding the Landmark Commission duties and membership (1st Reading 718114) Ordinance amending the City Code of Ordinances regarding the Landmark Commission Duties and Membership. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030228 17. Second Reading Ordinance -Closing a portion of a utility easement located south of the Leopard Street public right-of-way, and east of the North Staples Street public right-of-way(1st Reading 718114) Corpus Christi Page 7 Printed on 711712014 City Council Meeting Minutes July 15,2014 Ordinance abandoning and vacating a 1,226-square foot portion of a 5-foot wide utility easement out of a part of Lots 8-10, Blk. 40, Bluff Portion Subdivision, located south of the Leopard Street public right-of-way, and east of the North Staples Street public right-of-way; and requiring the owner, Regional Transportation Authority (RTA), to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030229 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 18) 18. Approving a resolution to begin annexation of 16.34 square miles of land into the territorial limits of the City of Corpus Christi Resolution declaring the City's intent to begin annexation of approximately 16.34 square miles of land into the territorial limits of the City of Corpus Christi, directing City staff to prepare a service plan for the extension of municipal services to the proposed annexation area, and setting two public hearings on annexation Mayor Martinez referred to Item 18.Assistant City Manager Wes Pierson stated that the purpose of this item is to declare the City's intent to begin annexation of approximately 16.34 square miles of land into the City limits,directs city staff to prepare a municipal service plan to the proposed annexation area, and sets two public hearings to be held on August 19,2014 and August 26,2014. Mayor Martinez called for comments from the public. Grady Jolley,an attorney representing the property owners, stated that he has been in contact with Mr. Pierson and reported that the parties he represents are ready to enter into substantive negotiations with the City to try to arrive at an agreement that will be mutually satisfactory to the landowners and the City. John Helm and Abel Alonzo spoke in support of the annexation. There were no comments from the Council.This Resolution was passed and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Riojas and Council Member Scott Absent: 2- Council Member Leal and Council Member McIntyre Abstained: 1 - Council Member Magill Enactment No: 030230 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 8 Printed on 711712014 City Council Meeting Minutes July 15,2014 Mayor Martinez called for comments from the public. Cheryl Martinez spoke regarding funds not being spent from the Rachel Ray Challenge and issues between People Assisting Animal Control (PAAC)and the Animal Control Department. Bert Quintanilla, Crystal Lyne, Fancy Cross, David Mauro III, Jason Curlee and Steven McClure spoke in support of the development of a Regional Sports Complex.Veronica Langford and Kimberly Fowler spoke regarding their observations at Animal Control and the volunteer issues between Animal Control and PAAC. O. FIRST READING ORDINANCES: (NONE) P. FUTURE AGENDA ITEMS: (NONE) Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 19 -23) 19. Parking Advisory Committee recommendations for use of Parking Improvement Funds Mayor Martinez referred to Item 19. Police Chief Floyd Simpson stated that the purpose of this item is to provide the Parking Advisory Committee recommendations for the use of Parking Improvement Funds. Darlene Gregory, Chairperson of the Parking Advisory Committee, provided information on the creation and duties of the Parking Advisory Committee;a background on the Parking Improvement fund;the recommendation to allocate$30,000 to allow the Corpus Christi Downtown Revitatization Alliance(CCDRA)to contract for a Development Director;the reason for recommending a Development Director; funding support for the service contract;the recommendation to allocate $30,000 for a lighting project; and lighting options. Council members spoke regarding the following topics:whether the contract was annual;sustainability for the position;who hires the director and holds that position accountable; and consideration to develop a matrix to prioritize areas for the lighting project. 20. Regional Sports Complex Update Mayor Martinez referred to Item 20. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to provide an update on the status of the Regional Sports Complex. Mr. Morris presented information on the Request for Proposal (RFP)committee; components of the RFP;the proposed location map;and timeline. Council members spoke regarding the following topics:the location; requirements of the RFP;cost to the taxpayers; whether there are beach volleyball tournaments held at Magee Beach; a request to provide the RFP in the City Manager's packet;and ingress and egress from the proposed location. Mayor Martinez called for a brief recess until 1:40 p.m. 21. Fiscal Year 2015 Capital Improvement Program and Planning Guide Mayor Martinez reconvened the meeting and referred to Item 21. Executive Director of Public Works Dan Biles stated that the purpose of this item is to discuss the proposed FY2015 Capital Improvement Program. Mr. Biles Corpus Christi Page 9 Printed on 711712014 City Council Meeting Minutes July 15,2014 reported that this information was presented to the Planning Commission and the Planning Commission recommended approval with the exception of the Wastewater section which will be provided at a future date. Mr. Biles presented information on the overview of the proposed CIP for Year 1;and program highlights and funding sources for the following departments:Airport, Park and Recreation, Public Facilities, Public Health and Safety,Streets, Gas,Storm Water;Water,and Water Supply. Council Members spoke regarding the following topics:the increase in the utility bills for Mary Rhodes Pipeline Phase II;the schedule for the barge docks;whether the Miradors are included in the seawall improvements;the solid waste outfalls along the Bayfront; request to research watersheds under the streets; Bond 2012 North Beach projects and the cost of the North Beach Breakwater Project; projects impacting the Harbor Bridge;the public CNG station;and North Beach erosion costs. 22. Proposed Bond 2014 Mayor Martinez referred to Item 22. Executive Director of Public Works Dan Biles stated that the purpose of this item is to provide an update on Bond 2014 and attempt to finalize the list for the election ordinance. Mr. Biles presented the list of streets on Proposition No. 1, Street Improvements and Proposition 2, Street Safety, Revitalization and Capacity Improvement Projects. Mr. Biles reported that Proposition No. 2 included the addition of Encantada Canal Exchange Improvements, Parks Beach Maintenance Facility and Downtown Road and Streetscape Improvements. Council Members asked questions regarding the following topics:whether the Downtown Road and Streetscape Improvements include Water Street; the cost for Water Street; the overall perception that the total cost for Proposition 2 is high;an explanation of the Downtown Street Traffic and Signal and Area Improvements;the description for Encantada Canal Exchange Improvements and the wording potentially limiting options;whether there have been conversations regarding receiving a match for Encantada Canal;whether the Island Strategic Action Committee(ISAC)has recommended approval of the Encantada Canal Exchange;and whether the Encantada culvert is public or private property. Council Member Loeb made a motion to remove Item 26 (Encantada Canal Exchange Improvements)and replace with the following two items: 1)$1.5 million in Texas Department of Transportation (TXDOT) participation money to be spent on Padre Island for either improvements to Park Road 22 or right-of-way acquisition for the second bridge and 2)$1 million for residential neighborhood street improvement program,seconded by Mayor Martinez.The following topics were discussed:the Encantada Canal project being on private property;that the city does not have the responsibility to maintain it;and whether staff can communicate the two alternatives to ISAC. Council Member Loeb requested a legal analysis on whether the Council is empowered under state law to use public funds on private property. Council Member Loeb withdrew his motion. Mayor Martinez withdrew her second. 23. Affordable Housing Workshop #3 Mayor Martinez referred to Item 23.Assistant City Manager Susan Thorpe stated that the purpose of this item is to have a discussion about the housing Corpus Christi Page 10 Printed on 711712014 City Council Meeting Minutes July 15,2014 policy and the use of federal and local funds. Ms.Thorpe presented the following information on affordable housing:a recap of the previous workshops including the total number of housing units findings,focus areas based on Council discussion, and the definition of affordable housing vs. workforce housing;city tools to influence housing;and short and long term policy options. Director of Housing and Community Development Eddie Ortega spoke regarding the potential new uses of Community Development Block Grants and Type A funds.Assistant City Manager Wes Pierson provided information on the option to develop an Inner City Reinvestment Infill Policy (ICRIP)similar to the model in San Antonio. Interim Director of Development Services Julio Dimas spoke briefly on the concept of the City buying and developing existing lots. Council members spoke regarding the following topics:tax abatements for multifamily; use of economic development funds for affordable housing;Type A funding restrictions;clarifying ongoing issues with HUD and HUD's desire to fund downtown projects, but not projects in a flood zone; creation of a policy to grant historical landmark tax abatements; providing incentives for development of infill projects; providing grants to developers of housing projects and the developer would agree to provide a certain number of units to individuals that meet HUD's definition for affordable housing;waiving of development fees;the City granting city-owned or tax foreclosed lots over to developers for building affordable homes; providing a list of vacant properties on the City's website;development of an Inner City Reinvestment Infill Policy and setting a criteria;and choosing an area and setting a goal for affordable housing. 22. Proposed Bond 2014 Interim City Attorney Barney Knight provided a legal opinion on the Encantada Canal Exchange Improvements stating that the Encantada Canal project, based on the City's standard assessment of roads and streets,does not need to be rebuilt at this time. Mr. Knight added that under the normal standards, it would likely be sealcoated and overlayed and have a 20-year life span. Mr. Knight added that as a result,subject to his last sentence, that makes this a non-public expenditure of funds; however Council is the final judge of the facts as to whether this road needs construction or not, based on information from staff and engineering assessments and plats.At this point in time, it is not a public project unless the Council finds that the street needs to be rebuilt. R. ADJOURNMENT The meeting was adjourned at 3:55 pm. Corpus Christi Page 11 Printed on 711712014 a. ETHICS COMMISSION — One (1) vacancy with a term to 10-1-14. (Requires a 213 vote of the full City Council) DUTIES: In addition to having jurisdiction over complaints involving any "city official", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council;review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city, but interested individuals may also submit their names for consideration. Initially, the members of three members shall be one year, and the initial terms of another three members shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. ORIGINAL MEMBERS TERM APPTD. DATE ***William Strawn 10-01-14 06-09-09 Haysam D. Dawod, Chair 10-01-14 07-20-10 Ken Bung 10-01-16 10-12-10 Harry Hallows 10-01-16 10-12-10 Larry L. White 10-01-14 11-08-11 Karon K. Connelly, Vice-Chair 10-01-15 06-19-12 Arthie Lee Brown 10-01-15 12-18-12 Alicia G. Benavidez 10-01-15 12-18-12 Rod Wolthoff 10-01-16 07-09-13 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences *****Has met six-year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST: Margareta Fratila 3606 Tripoli Dr., 78415 Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (Willing to resign from the Library Board if appointed) (7/18/13) Jack Gordy 4118 Bray, 78413 Retired U.S. Navy Chief Petty Officer. Attended Del Mar College. President of Channel 10 Public Access for 9 '/z years. (7123113) David Ghably 3657 Braeburn, 78415 Bachelor of Science in Political Science from University of Houston. Minor in Communications. Made the Deans' List for 6 consecutive semesters. Maintained a GPA of 3.74 upon graduation. (06-23- 14) Drue Jonas 1400 Ocean Dr., 604B, 78404 Assistant Professor of Business Administration, Del Mar College. Broker/Owner and Director of Marketing for Drue Jones Real Estate. Texas Real Estate Broker. Received MBA from Texas A&M University and a Master of Science in Education from Central Missouri State University. Activities include: Goodwill Ambassador, created the Luther Jones Scholarships,Leadership Corpus Christi, Class XV Graduate, and previously served on the Sister City Committee. (10131113) Eldon McQueen 1102 Leopard St., 78401 Aerospace Engineer, Sikorsky Aircraft Company, a United Technologies Subsidiary, Corpus Christi Army Depot. Received a Master of Science in Computer Science and Information Technology Management from Boston University. Aerospace Engineer, Flight Crew and Military Veteran. Community Activities: Martial Arts Instructor and Youth Development for YMCA, Charter Schools and Boys and Girls Clubs. (10123113) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services & Support Logistics Leader, The Boeing Co. Received a Master's degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (Willing to resign from the Library Board if appointed) (09125112) Craig A. Rogers 15837 Grenadine, 78418 Managing Attorney, GEICO. Received 7D from University of Texas Law School and BBA in finance from Sam Houston State University. Graduated Magna Cum Laude. Assistant City Attorney, Municipal Court Corpus Christi (2012). Previously a publisher for Gulfscapes Magazine 2008-2012. Community activity: Candidate for District Attorney, Comal County and Barefoot Mardi Gras Planning Committee 2014. (07101114) Angela Munselle-Woods 12902 McBurnett, 78410 Self-employed/Home repair company. Former Realtor/business owner. Attended Real Estate Institute. Licensed Texas Realtor. She is very interested in getting involved in helping the City in any capacity. (1110113) b. LEADERSHIP COMMITTEE FOR SENIOR SERVICES—Eleven (11)vacancies with terms to 2-1-15 and 2-1-16 representing the following categories: 2 — Senior Center Participants, 3 —Direct Service Agency, and 6 —Community Representatives. DUTIES: To assist the Senior Community Services (SCS) division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15)members representing the following categories: 2 - Senior Center participants, 3 - Direct service agencies, and 10 - Community representatives. Initially, eight (8) members shall be appointed for a term of one-year and seven (7) members shall be appointed to two-year terms. ORIGINAL MEMBERS TERM APPTD. DATE *Adelfa M. Martinez(Community) 2-01-14 2-24-09 *Esperanza"Hope"Lopez(Senior Ctr.) 2-01-14 2-23-10 ***Billy Ray Sayles (Agency) 2-01-15 7-06-10 *Ida Alvarado Hobbs (Agency) 2-01-14 7-06-10 Henry Edward Savoy(Community) 2-01-15 2-08-11 Willie R. Hardeman, Sr. (Community) 2-01-15 7-26-11 ****Breanna Rye (Agency) 2-01-15 2-14-12 ***Cindi Mutchler(Community) 2-01-14 2-14-12 ***Kenneth Mutchler(Community) 2-01-14 2-14-12 ****Lewis Hardeman(Senior Ctr.) 2-01-15 3-19-13 Maria Elena Flores (Community) 2-01-15 3-19-13 Robert Irwin(Community) 2-01-15 3-19-13 ***Suzanne Beltz,PhD, RN(Community) 2-01-15 3-19-13 *Araceli V. Cabral (Community) 2-01-14 9-24-13 *Val Salinas (Community) 2-01-14 9-24-13 Lend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (The Leadership Committee for Senior Services is recommending the new appointments of Anita Woolsey (Community Rep.), Angela Munselle-Woods (Community Rep.) and Ginger Bryant (Senior Center).) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Adelfa M. Martinez(Comm.) 9 6 67% Esperanza Lopez(Sr. Ctr.) 9 8 89% Ida A. Hobbs (Agency) 9 8 89% Araceli Cabral(Comm.) 1 0 0% Val Salinas (Comm.) 1 1 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Juan Carlos Ayala 3802 Panama Dr., 78415 Chaplain, Grace Hospice. Diaconate formation/ education from University of St. Thomas.Deacon for the Diocese of Corpus Christi. Also serves as youth minister. Ordained in 2012. (Direct Service Agency or Community Rep.) (03128114) Ginger Bryant 1025 Chamberlain St., 78404 Disabled. Activities include: Lindale Senior Center (Senior Center) (07115114 Christina Canales P.O. Box 61280, 78466 Benefits Coordinator, Del Mar College. Received BSBA from University of the Incarnate Word. Activities include: Current member of CUPA-HR and Vice President of Texas Association of Chicanos in Higher Education- Del Mar Chapter. Volunteer for Dress for Success Corpus Christi. (Community Rep.) (6103114) Theresa Garcia 5406 Burnham Dr. #522, 78413 Assistant Professor for College of Nursing and Health Sciences, Texas A&M University-Corpus Christi. Activities include: A member of 4 faculty committees on campus and 3 professional nursing organizations outside of TAMU-CC. (Community Rep.) (04/28/14) Gloria Gooding 6721 Riding Wind Dr., 78414 Business Development Specialist, AAdie Home Health&Psychiatric Services. Studied Journalism& History of Art at North Dakota State University. Founder of the Harvest Moon Ball benefiting"Meals on Wheels". Co-Founder of Memories on Canvas. Is part of the Juvenile Diabetes Research Foundation& American Cancer Society. (Direct Service Agency or Community Rep.) (04122114) David Keith 7410 Parsley Ct., 78414 Director, TXCA Corpus Christi. Received Bachelor of Science from Denver State University and MPA from University of Texas at Tyler. Past activities include: Serving on Parks & Recreation Review Board in Highland Ranch, Colorado. COORS Alumni Group, National Scout Association and Aquatics facility operator. (Direct Service Agency or Community Rep.) (5114114) Denise S. Villagran 434 Carmel Parkway, 78411 Business Developer Director, Entrust, Inc. Received MBA from Texas A&M University- Corpus Christi. Holds a Texas Department of Insurance Group I License, Insurance Counselor License and Small Group Specialist Designation. Graduate of Leadership Class 24. Former President of local chapter of the American Red Cross (1995), former President of Coastal Bend Association of Health Underwriters (2004 & 2012). Also served on the Corpus Christi Human Relations Commission(2012- 2013). (Direct Service Agency or Community Rep.) (03/31/14) Angela Munselle-Woods 12902 McBurnett, 78410 Self-employed/Home repair company. Former Realtor/business owner. Attended Real Estate Institute. Licensed Texas Realtor. She is very interested in getting involved in helping the City in any capacity. (Community Rep.) (1110113) Anita Woolsey 7214 St. James Ct., 78413 Director of Adult Education and Senior Adult Ministries, First United Methodist Church. Attended Austin Peay State University, Clarksville, Tennessee. Community Activities Include: Older Adult Council, Seniors Assisting Seniors and Area Agency for the Ageing. (Direct Service Agency or Community Rep.) (518114) C. PLANNING COMMISSION—One (1)vacancy with a term to 7-31-15. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming five-year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition, members appointed to the Planning Commission are concurrently appointed to the Concurrent Beach/Dune Committee(§10-17). This committee reviews applications for master planned development ordinances from applicants seeking Beachfront Construction, and submit their recommendations to City Council. They also review the location of the Dune Protection Line and Beachfront Construction Line at least once every five years, or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City's jurisdiction. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. The members of the commission shall be appointed by the City Council for staggered terms of three years. Members elect a chair from among its membership at the first regular meeting in August of each year. No member may serve longer than six years consecutively unless such service is required to complete an unexpired term. ORIGINAL MEMBERS TERM APPTD. DATE Carl Crull 7-31-17 7-08-14 Heidi Hovda 7-31-17 7-08-14 Philip John Ramirez, Chair 7-31-15 7-17-12 ***Chris Hamilton, Vice-Chair 7-31-15 7-17-12 Fred Braselton 7-31-16 7-17-12 Mike Lippincott 7-31-15 7-17-12 Curtis A. Rock 7-31-16 1-08-13 Marsha Williams 7-31-17 7-09-13 Eric Villarreal 7-31-16 7-09-13 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST: Jeremy Coleman 7210 Yaupon Dr, 78414 President/CEO, J.L. Liberty Services. Currently pursuing a BA in Business Administration at Del Mar College. Activities include: Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., State of Texas Student council Assn., former Board Member of the City's Sister City Committee,Nueces County Community Action Agency,NAACP Health Committee, C.A.T.C.H. Youth, Inc. (07115113) Jonas Chupe 6065 Rio Vista Ave. 78412 Controlling Manager, Voestalpine Texas, LLC and Adjunct Professor of Accounting, Del Mar College. Attended the University of Texas at Austin for Petroleum Technology (2014). Received MBA and MAcc from Texas A&M University-Corpus Christi. Activities include: Leadership Corpus Christi- Executive Committee, Rotary Club of Portland, TX, San Patricio Economic Development Corporation, Corpus Christi Yacht Club, Risk Management Association and Rotary International. (06125114) Eugene C. Guernsey 340 Grant Place, 78411 President/Broker, Gene Guernsey& Associates, Inc. Realtors. Associates degree from Del Mar College. Leadership Corpus Christi XXVII and Certified Relocation Professional. Activities include: CC Navy League Board President for 10+ years, Chamber of Commerce, Chamber Chairman's Award Recipient, Ambassador of the Year 1998, Corpus Christi Association of Realtors, and Member of the Diocese of CC Bishops Guild. (7110114) Frank Hastings 4346 Pontchartrain, 78413 President, Plains Capital Bank. Activities include: Board member for the Driscoll Children's Hospital Foundation, Corpus Christi Hispanic Chamber of Commerce, Food Bank of Corpus Christi, Rise School of Corpus Christi, and Padre Little League. (7/08/14) Burris W. McRee 5717 Oso Parkway, 78414 Real Estate Broker/Owner, Gulftex Properties, Inc. Holds Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations from the National Association of Realtors, serves on BOD for two commercial condominium owners associations and Co-Chairman 2012 for Corpus Christi Chapter of Ducks Unlimited. (7/25/13) Mike Munoz 1058 Deforrest 78404 Project Manager, B.E. Beecroft Company, Inc. Received a BS in Construction from Texas A&M University-College Station. Activities include: Nueces County A&M Club (President Elect), and Leadership Corpus Christi - Class XLI. (8127113) Ernest Bert Rucker, Jr. 3535 Santa Fe, 78411 Architect/Owner, Rucker & Rucker, Inc. Received his B.Arch from Oklahoma State University. USN- Retired LCDR. Activities include: Was the Architect for restoration of the Gugenheim House in Heritage Park, Officer in Charge-Seabee Reserve, built stages for Bayfest. (8115113) Morgan Spear 56 Camden 78412 President/Owner, Morgan Spear Associates, Inc. Received B.Arch from University of Texas at Austin. Licensed to practice Architecture. Activities include: American Institute of Architects, C.C. Chapter of AIA, Texas Society of Architects, Church of the Good Shepherd, Alpha Tau Omega and Texas Exes. Board member of Centennial Heritage House and House Committee at Corpus Christi Country Club. (Currently serves on Board of Adjustment, but will resign if appointed.)(06-05-14) Theunis "Tim" Voorkamp 7614 Loire Blvd, 78414 Broker/Managing Partner/Owner, Corpus Christi Excel Properties Inc. /Nueces Tax Relief/TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (7130113) Nathan Westervelt 2718 Wind Rock Dr., 78410 Technical Services Manager, Core Engineering, LLC. Currently attending Del Mar College to pursue a degree in Mechanical Engineering. Member of River Hills Baptist Church. (8122113) OR RNI 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of July 22, 2014 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: July 3, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Rezoning from Estate Residential to Commercial by CCSemloh Partnership, Ltd. Property Address: 822 Graham Road CAPTION: Case No. 0614-03 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. The property to be rezoned is described as a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road. PURPOSE: The purpose of this rezoning is to allow development of the property for a boat storage facility. RECOMMENDATION: Staff Recommendation: Denial of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District and in lieu thereof, approval of a Special Permit for a boat storage facility subject to a site plan and nine conditions. Planning Commission Recommendation (June 18, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to develop a boat storage facility comprising of ten storage buildings on 10.861 acres of property. The Unified Development Code allows this use by right in the "CG-2" General Commercial District with limited conditions pertaining to vehicle stacking at gated entrances, square footage limits, lighting, and the prohibiting of maintenance and purging of boats. The development will have to adhere to the buffer requirements of the UDC for the properties west and south that remained residential. The east boundary with the apartment complex does not require buffering, since the property is zoned commercial, but will require construction of a 6-foot fence at the boundary as per UDC requirements. Commercial properties exist north and across Compton Road, which is a Minor Residential Collector street having an 80 foot existing right-of-way. The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and with all master plans. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan, but not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). The rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential use. Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods. Compared to Neighborhood Commercial uses, such as retail, that provide daily convenience needs of nearby residents; a boat storage facility is not a compatible use with uses allowed in the abutting "RE" Residential Estate Districts to the south and west. The rezoning would also allow other incompatible uses to be developed on the property. On the contrary, the proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the north and east. 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 CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CCSemloh Partnership, 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, June 18, 2014, during a meeting of the Planning Commission, and on Tuesday, July 22, 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 CCSemloh Partnership, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road (the "Property"), from the "RE" Residential Estate District to the "CG-2" General Commercial District (Zoning Map Nos. 035031 & 035032), 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 STATE OF TEXAS JOB NO. 05-6819 COUNTY OF NUECES 10.861 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lot 10, Section 48 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41-43 o f t he Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod found forte Northeast corner of this tract, same being the Northeast corner of said Lot 10, same being the North corner of Block C-2, Laguna Business Center as recorded in Volume 33, Page 31 of the Map Records of Nucces County, Texas, same lying in the Southwest right-of-way margin of Compton Boulevard; THENCE, along the common boundary line of this tract with said Block C-2, SOIJTH 29 degrees 00 minutes 00 seconds WEST, at 154.65 feet passing through a 5/8 inch iron rod found for the West corner of said Block C-2 and the North corner of Block C-3, Laguna Business Center as recorded in Volume 45, Page 8 of the Map Records of Nueces County, Texas, a total distance of 715.30 feet to a point for the Southeast corner of this tract, same lying in the Northeast right-of-way margin of a 50 foot City of Corpus Christi drainage easement; THENCE, along said Northeast right-of-way margin o f t he 50 foot City of Corpus Christi drainage easement, NOR r rH 61 degrees 00 minutes 00 seconds WEST 663.05 feet to a point forte Southwest corner of this tract, same lying in the common boundary line of said Lots 10 & 11 of said Section 48; THENCE, along said common boundary line of Lots 10 & 11, Section 48, NORTH 29 degrees 00 minutes 23 seconds EAST 688.36 feet to a 5/8 inch iron rod found for a Northwest corner of this tract; THENCE, SOUTH 61 degrees 10 minutes 05 seconds EAST 20.10 feet to a 5/8 inch iron rod found for an interior corner oft is tract; THENCE, NORTH 28 degrees 49 minutes 55 seconds EAST 25.00 feet to a 5/8 inch iron rod found for the North corner oft is tract, same lying in said Southwest right- of-way margin of Compton Boulevard; THENCE, along said Southwest right-of-way margin of Compton Boulevard, SOUTH 61 degrees 10 minutes 05 seconds EAST 642.95 feet to the point of beginning and containing 10.861 acres of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition 11 Land Survey. Dated this the—73 day of 41-4'r 2014. onald A. Voss, I 6stered Professional L-.ind 'qvirvPvnr Nn 7701 Exhibit A C(.l G ~A Sl,?aO /irCCO,eA T G(LL L CALL J 5GI°OH•/¢'E S 6r°Do'00"E 30.Do' 3a•00' z Pl7d°3a'/b•E yV 7d°QG•¢7'4' /6x•59 3 —,Z.,zF'E 5 @7°06'o9'E 40.OH' 40,Or" NXH'49.55'E MX9°00•00•C zs•ao• 2s•oo' �G UFF GENTQ"A �ikRNCT� Fm•Se'%R(TYa� (.SL/'OD'00`E,660'] `•�B%P.F, (T ToN ADULEYMO /''AAC C� E _ �r AWA,:W �z Il [sct•oo'oo'c A9o.ra7 C5 Lr•oo'oD'C (5 Gr'l°'o S n .9c0cr_ P�P�1 / S (S Cn°lo'os•C 49o.ro7 S 4 5'E 4 42•45:) 4AQ.-A fiNQSL �'F� 3 �T"CEt P•L. \LO./d P!b Cc--4 V v 3C•3,RP.3t' `* HC� - [op Amur) N*TRAL>s A-/,Az 4: .$�EC7lDtir¢v p A /y y�l In. Jy �Q.O�a� KGRCS 'p 4.3 /.ax,'i`.Zaxo.Z41oi WI I 4, C-3 C'WORNCT� V I L/f4..R B i.,ve=s NH I1 `i'$ W,a 37.336 +acAeS 3 cc,•,-,c.. 1 u.¢5,o r; V HI I t O V CHRNG� J o C N N M O C �Ij No, Tr Et \ N aAv. OF ,SEA q S C.ci7v SO'D.E, Ate".rI'z9—HS.00-) Sec�un,46 b Ui 9Q M iRAC> ,O F•�E.i.+G,.T. IrrI M Om+eXoocolstl¢ �I H �v In ao [N(°I'00"00•N/ 1X 95.D'Y](N bf°//•X9'0//Z3Ae3' G,eafST @>r GRAHAM /0A0 C40'4o Aft.) N NOTES: D (1.) Found 5/'B"I.R.@ all lot corners unless noted otherwise. (2. House Ties are to thse faun ation. , L3 �'$"OLNOTL3 ET B'/.R �' This property lies within Zone C ��D F rE 1,Ronald A.Voss,a Registered Professional Land Surveyor,do hereby according to FIRM 85 ,which �!:��sTE,y'•;Cy certify that this survey was made on the ground of the property shown Is no[within the 100 year Flood Plane. 5:eE Fp•;Jr hereon under my direction and supervision;that it is my knowledge and {r: •.* belief;that there are no apparent encroachments orovedappingof RONALO•ts:VOSS Improvements with the deed limes except as shown hereon.This Survey NOT VALID WITHOUT ORIGINAL was performed without the benefit of a Title Policy or Tile Opinion. SIGNATURE AND ORIGINAL SEAL A 2293 NOTE:THIS SURVEY IS FOR THE SOLE USE OF THE BUYER,TITLE COMPANY, !,;9DfESStU�p�Q• OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY.NO LICENSE HAS y�SURVEy �. BEEN CREATED,EXPRESSED OR IMPLIED,TO COPY THE SURVEY,WHICH IS '.. VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. /' 9 BUYER: Registered Professional Land Surveyor State of Texas No.2293 DATE: 05103/05- oop4l Acres, Out of Lot 10 , Section 48, CREW: RS&DL Flour Bluff and Encinal Farm and Garden Tracts, OFFICE: RS&DL DRAFTING: RV&RA V. A, P. 41-43, (MRNCT), GF#: Corpus Christi, Nueces County,Texas. JOB#: 05-6819 KEY: WOOD FENCE VOSS ENGINEERING, INC. [RECORDED] WIRE FENCE ENGINEERING&LAND SURVEYING (MEASURED) - z — 3756 BRATTON ROAD,CORPUS CHRISTI,TEXAS,78413 VINYL FENCE PHONE: (361)854-6202 FAX:(361)853-4696 Exhibit B Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "RE/SP" Residential Estate District with a Special Permit; 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 CCSemloh Partnership, 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, June 18, 2014, during a meeting of the Planning Commission, and on Tuesday, July 22, 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 CCSemloh Partnership, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road (the "Property"), from the "RE" Residential Estate District to the "RE/SP" Residential Estate District with a Special Permit (Zoning Map Nos. 035031 & 035032), as shown in Exhibits "A", "B" and "C." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds, and Exhibit C, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following 9 conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a boat storage facility. 2. Buffer Yard: A 15-foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along the south and west property boundaries as long as residential districts or uses are adjacent. 3. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. 4. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign must be facing Compton Road. 5. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with the standards of the Unified Development Code (UDC) shall be provided between the public right-of-way and the front access gate of the storage facility. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. A gated entry and security monitors for the facility are required to be installed, remain in place, and be maintained. 7. Storage Space: The maximum allowable storage space for a single boat storage unit shall not exceed 500 square feet and each unit shall only house a single boat. 8. On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 0614-03 OrdinanceSP, CCSemloh Partnership, Ltd Page 3 of 3 STATE OF TEXAS JOB NO. 05-6819 COUNTY OF NUECES 10.861 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lot 10, Section 48 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41-43 o f t he Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod found forte Northeast corner of this tract, same being the Northeast corner of said Lot 10, same being the North corner of Block C-2, Laguna Business Center as recorded in Volume 33, Page 31 of the Map Records of Nucces County, Texas, same lying in the Southwest right-of-way margin of Compton Boulevard; THENCE, along the common boundary line of this tract with said Block C-2, SOIJTH 29 degrees 00 minutes 00 seconds WEST, at 154.65 feet passing through a 5/8 inch iron rod found for the West corner of said Block C-2 and the North corner of Block C-3, Laguna Business Center as recorded in Volume 45, Page 8 of the Map Records of Nueces County, Texas, a total distance of 715.30 feet to a point for the Southeast corner of this tract, same lying in the Northeast right-of-way margin of a 50 foot City of Corpus Christi drainage easement; THENCE, along said Northeast right-of-way margin o f t he 50 foot City of Corpus Christi drainage easement, NOR r rH 61 degrees 00 minutes 00 seconds WEST 663.05 feet to a point forte Southwest corner of this tract, same lying in the common boundary line of said Lots 10 & 11 of said Section 48; THENCE, along said common boundary line of Lots 10 & 11, Section 48, NORTH 29 degrees 00 minutes 23 seconds EAST 688.36 feet to a 5/8 inch iron rod found for a Northwest corner of this tract; THENCE, SOUTH 61 degrees 10 minutes 05 seconds EAST 20.10 feet to a 5/8 inch iron rod found for an interior corner oft is tract; THENCE, NORTH 28 degrees 49 minutes 55 seconds EAST 25.00 feet to a 5/8 inch iron rod found for the North corner oft is tract, same lying in said Southwest right- of-way margin of Compton Boulevard; THENCE, along said Southwest right-of-way margin of Compton Boulevard, SOUTH 61 degrees 10 minutes 05 seconds EAST 642.95 feet to the point of beginning and containing 10.861 acres of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition 11 Land Survey. Dated this the—73 day of 41-4'r 2014. onald A. Voss, I 6stered Professional L-.ind 'qvirvPvnr Nn 7701 Exhibit A C(.l G ~A Sl,?aO /irCCO,eA T G(LL L CALL J 5GI°OH•/¢'E S 6r°Do'00"E 30.Do' 3a•00' z Pl7d°3a'/b•E yV 7d°QG•¢7'4' /6x•59 3 —,Z.,zF'E 5 @7°06'o9'E 40.OH' 40,Or" NXH'49.55'E MX9°00•00•C zs•ao• 2s•oo' �G UFF GENTQ"A �ikRNCT� Fm•Se'%R(TYa� (.SL/'OD'00`E,660'] `•�B%P.F, (T ToN ADULEYMO /''AAC C� E _ �r AWA,:W �z Il [sct•oo'oo'c A9o.ra7 C5 Lr•oo'oD'C (5 Gr'l°'o S n .9c0cr_ P�P�1 / S (S Cn°lo'os•C 49o.ro7 S 4 5'E 4 42•45:) 4AQ.-A fiNQSL �'F� 3 �T"CEt P•L. \LO./d P!b Cc--4 V v 3C•3,RP.3t' `* HC� - [op Amur) N*TRAL>s A-/,Az 4: .$�EC7lDtir¢v p A /y y�l In. Jy �Q.O�a� KGRCS 'p 4.3 /.ax,'i`.Zaxo.Z41oi WI I 4, C-3 C'WORNCT� V I L/f4..R B i.,ve=s NH I1 `i'$ W,a 37.336 +acAeS 3 cc,•,-,c.. 1 u.¢5,o r; V HI I t O V CHRNG� J o C N N M O C �Ij No, Tr Et \ N aAv. OF ,SEA q S C.ci7v SO'D.E, Ate".rI'z9—HS.00-) Sec�un,46 b Ui 9Q M iRAC> ,O F•�E.i.+G,.T. IrrI M Om+eXoocolstl¢ �I H �v In ao [N(°I'00"00•N/ 1X 95.D'Y](N bf°//•X9'0//Z3Ae3' G,eafST @>r GRAHAM /0A0 C40'4o Aft.) N NOTES: D (1.) Found 5/'B"I.R.@ all lot corners unless noted otherwise. (2. House Ties are to thse faun ation. , L3 �'$"OLNOTL3 ET B'/.R �' This property lies within Zone C ��D F rE 1,Ronald A.Voss,a Registered Professional Land Surveyor,do hereby according to FIRM 85 ,which �!:��sTE,y'•;Cy certify that this survey was made on the ground of the property shown Is no[within the 100 year Flood Plane. 5:eE Fp•;Jr hereon under my direction and supervision;that it is my knowledge and {r: •.* belief;that there are no apparent encroachments orovedappingof RONALO•ts:VOSS Improvements with the deed limes except as shown hereon.This Survey NOT VALID WITHOUT ORIGINAL was performed without the benefit of a Title Policy or Tile Opinion. SIGNATURE AND ORIGINAL SEAL A 2293 NOTE:THIS SURVEY IS FOR THE SOLE USE OF THE BUYER,TITLE COMPANY, !,;9DfESStU�p�Q• OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY.NO LICENSE HAS y�SURVEy �. BEEN CREATED,EXPRESSED OR IMPLIED,TO COPY THE SURVEY,WHICH IS '.. VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. /' 9 BUYER: Registered Professional Land Surveyor State of Texas No.2293 DATE: 05103/05- oop4l Acres, Out of Lot 10 , Section 48, CREW: RS&DL Flour Bluff and Encinal Farm and Garden Tracts, OFFICE: RS&DL DRAFTING: RV&RA V. A, P. 41-43, (MRNCT), GF#: Corpus Christi, Nueces County,Texas. JOB#: 05-6819 KEY: WOOD FENCE VOSS ENGINEERING, INC. [RECORDED] WIRE FENCE ENGINEERING&LAND SURVEYING (MEASURED) - z — 3756 BRATTON ROAD,CORPUS CHRISTI,TEXAS,78413 VINYL FENCE PHONE: (361)854-6202 FAX:(361)853-4696 Exhibit B Asp Ii L4 --------------- I 4�1 s Exhibit C PLANNING COMMISSION FINAL REPORT Case No.: 0614-03 HTE No. 14-10000024 Planning Commission Hearing Date: June 18, 2014 a Representative: John Kendall o Applicant/Owner: CCSemloh Partnership, Ltd. u m,CL Legal Description/Location: Being a 10.861-acre tract of land out of Lot 10, EL—J 5 Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the Q°a o south side of Compton Road between the intersections with First National Boulevard and Waldron Road. �., From: "RE" Residential Estate District Q To: "CG-2" General Commercial District .E Cr Area. 10.861 acres N Purpose of Request: To allow construction of a boat storage facility. Existing Zoning Existing Land Use Future Land Use District Site "RE" Residential Estate Vacant Estate Residential 'c y Estate Residential y "CG-1" General Commercial, Vacant N M North Commercial & Public/Semi-public Commercial & � � Public/Semi-Public .}r—, _J South "RE" Residential Estate Vacant Estate Residential Medium Density Medium Density w East "RE" Residential Estate Residential Residential West "RE" Residential Estate Vacant Estate Residential Area Development Plan: The subject property is located within the boundaries cL c of the Flour Bluff Area Development Plan (ADP) and is planned for estate residential uses. The proposed change of zoning to the "CG-2" General a c Commercial District is not consistent with the adopted Future Land Use Plan. a Map No.: 035031 & 035032 Zoning Violations: None c� L ca C Transportation and Circulation: The subject property has access to Compton 0 Road, which is a "Cl" Minor Residential Collector street. c� L Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Q Type C Compton "Cl" Minor 60' ROW 80' ROW Not Rd. Residential Collector 40' paved 66' paved Available Case#0614-03 CCSemloh Partnership, Ltd. Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District to allow construction of a boat storage facility. Development Plan: The owner is proposing to develop the lot with multiple structures to be used for boat storage. As shown on the attached site plan, the development will consist of ten boat storage buildings. The majority of the storage units will not exceed 400 square feet, as limited by the conditions listed in the Unified Development Code. However, the owners would like to construct units over the limit to house larger boats. A special permit would be required to allow this condition. The total area of the proposed buildings is 110,400 square feet. The business is proposed to operate from 6:00 AM to 10:00 PM and there will be no employees on site. Per the Unified Development Code (UDC), no purging of inboard or outboard boat engines would be permitted at the site. A Type C buffer, which consists of a 15-foot wide buffer yard and 15 buffer points, would be required along the south and west property boundaries. Existing Land Uses & Zoning: North of the subject property and across Compton Road are a U.S. Post Office and the backside of a shopping center. These properties are zoned "CG-1" General Commercial District. South and west of the subject property is vacant land which is zoned "RE" Residential Estate District. East of the property are two apartment complexes that are zoned "CG-2" General Commercial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and all with all master plans. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Flour Bluff ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential uses. The proposed rezoning opens examination into two pertinent elements of the Comprehensive Plan such as: 1. Incompatible industrial and commercial land uses should not abut residential areas (Residential Policy Statement 1). 2. Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods (Commercial Policy Statement D). K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0614-03 CCSemloh Partnership, Ltd\Council Documents\0614-03 Report for PC, CCSemloh Partnership, Ltd..docx Case#0614-03 CCSemloh Partnership, Ltd. Page 3 Department Comments: • The proposed rezoning is not consistent with the Comprehensive Plan or the Future Land Use Plan's designation of the property for estate residential uses. • A boat barn is not a compatible use with the uses allowed in the abutting "RE" Residential Estate Districts to the south and west, which are also owned by CCSemloh Partnership, Ltd. The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the north and east. • Although planned for a boat storage facility, other incompatible uses will be allowed to be developed on the property. Uses such as vehicle sales and service, self- service storage, and bars and night clubs are allowed in the "CG-2" General Commercial District. These uses would not be compatible with the adjacent residentially zoned properties, therefore a Special Permit allowing only the boat storage facility will be appropriate for this area. • With the required conditions listed in the UDC and the Special Permit conditions, the proposed development would provide less of a negative impact to the adjacent estate residential properties. Staff Recommendation: Denial of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District and in lieu thereof, approval of a Special Permit for a boat storage facility subject to a site plan and nine conditions. Special Permit Conditions: The following development conditions are consistent with the limited conditions of the UDC with additional conditions to address negative impacts to the adjacent residential properties and to address the increased square footage of the units. 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a boat storage facility. 2. Buffer Yard: A 15-foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along the south and west property boundaries as long as residential districts or uses are adjacent. 3. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. 4. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign must face Compton Road. 5. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with the standards of the Unified Development Code (UDC) shall be provided between the public right-of-way and the front access gate of the storage facility. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. A gated entry and security monitors for the facility are required to be installed, remain in place, and be maintained. Case#0614-03 CCSemloh Partnership, Ltd. Page 2 7. Storage Space: The maximum allowable storage space for a single boat storage unit shall not exceed 500 square feet and each unit shall only house a single boat. 8. On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Planning Commission Recommendation (June 18, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. Number of Notices Mailed — 16 within 200-foot notification area; 2 outside notification area 0 As of June 26, 2014: In Favor — 4 inside notification area; 1 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0614-03 CCSemloh Partnership, Ltd\Council Documents\0614-03 Report for PC, CCSemloh Partnership, Ltd..dOCX N 3 ro a ti ® 4 3 — 13 C.G - g 2 D3 SUBJECT 7 - 10 PROPERTY 0 115 14 17 9 _ coM �O/V Ds 19 c-z 20 CG - 2 R,E C-3 15 6 18 12 QG R S- 6 G�yAM•R O Date Created:61412014 0 400 800 /Prep'A'red By:LARRYF Feet Dep rlment of Development Services CASE: 0614-03 NQS ZONING & NOTICE AREA SUBJECT PROPERTY RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 ' CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 ``•`'•• \O CN-2 Neighborhood Commercial RS-TF Two-Family `" p��•1'`. VIII""""' „ CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Esfafe �� CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park !'•••., CBD Downtown Commercial �R' RMH Manufactured Home oG �F,yoq� GF�R``•\ CR-3 Resort Commercial FR Farm Rural BP Bus nresss Parky W� �R'eeE"9�YpR ~`\•\•. .ww� Rq Subject Property Owners � City of with 200'buffer O in favor ��R �� Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christi " attached ownership table /�in opposition Asp Ii L4 --------------- I 4�1 s Exhibit C ff ✓ ,n / . h ��r nim �i9 I� sr i y, y A u w r ����✓�.. @V�. ��,!� it � tiy,. °� r w� w NB�C yJ{� rl m �1 I I��I«yW«y fla h G� »hu✓- D �l r ,L ff nim 10 fla 4-1 SC ` AGENDA MEMORANDUM * a First Reading Item for the City Council Meeting of June 24, 2014 Second Reading Item for the City Council Meeting of July 22, 2014 DATE: June 11, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director icael o cctexasecom 361-826-3460 Lease Agreement with Coastal Bend Friends of Aquatics for Parker Pool CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement for the Parker Pool with the Coastal Bend Friends of Aquatics for a term of five years. PURPOSE: Lease agreement with Coastal Bend Friends of Aquatics for the repair and operation of the Parker Park Swimming Pool in Flour Bluff. BACKGROUND AND FINDINGS: The Parks and Recreation experienced dramatic budget reduction in FY2010, FY 2011 and FY2012 causing the closing of the swimming pool at Parker Park. Near the end of the FY2012 pool season the pool fell into disrepair and experienced a significant leak in the filtration plumbing system. The Parks and Recreation had neither the funds to repair the pool nor to operate the pool. Discussions began with Coastal Bend Friends of Aquatics in August of 2012 and have led to the current lease agreement. The lease agreement allows for Coastal Bend Friends of Aquatics to repair, operate and maintain the pool for their swim club practice purposes, but does require they offer open public swim hours fours per day (Tuesday — Sunday) during the summer months or at other times as mutually agreed upon by both parties. Fees for public swim hours must not exceed those charged by the Parks and Recreation Department at the other City owned pools. ALTERNATIVES: Do not lease Parker Pool. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Lease requires two readings at least 28 days apart. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 0 Encumbered / Expended Amount 0 This item 10 BALANCE 10 Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance Authorizing the City Manager or designee to execute a lease agreement for the Parker Pool with the Coastal Bend Friends of Aquatics for a term of five years BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a lease for the Parker Pool with the Coastal Bend Friends of Aquatics for a term of five years. 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 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND COASTAL BEND FRIENDS OF AQUATICS REGARDING USE OF PARKER POOL THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This Lease Agreement made and entered into the-day ofl""I'l between the City of Corpus Christi (hereinafter referred to as the (CITY) and the Coastal Bend Friends of Aquatics dba Parker Pool Patriots (hereinafter referred to as the Lessee). WHEREAS, the "CITY' is a Texas home rule municipal corporation ('City'), acting through its duly authorized City Manager or designee ('City Manager'), WHEREAS, the"Lessee"', is a Texas non-profit corporation organized as a tax exempt charitable organization under Internal Revenue Code section 501-3(C) and existing in good standing under the laws of the State of Texas, WHEREAS, the CITY and the Lessee find Lessee has previously operated its swimming programs at City facilities., WHEREAS, the CITY owns and maintains Parker Pool, 654 Graham Road in Corpus Christi,, Nueces County, Texas as shown on Exhibit A, ("Premises"'), WHEREAS, the Lessee wishes to enter into an Agreement to use the Parker Pool for its aquatic programs, the CITY desires to allow Lessee to use Premises for its aquatic programs; WHEREAS the CITY wishes for Lessee to also open Parker Pool for general public swim on a mutually agreed upon schedule; NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Initial Term, Subject to the remaining terms and conditions hereof, City agrees to lease to Lessee Premises including Parker Pool for five years, beginning on day after final City council approval Section 2. Contact Person/Agreement Administrator. For this agreement the CITY's contact person and Agreement administrator is the Director of Park and Recreation ("Director") or the Director's designee. Section 3. Pre m and Imnrave ments. The CITY will provide the Premises, as described and I delineated in Exhibit "A", which is attached and incorporated in this Agreement by reference, and including, without limitation, all other improvements to the Premises ("Improvements"), such as the fences, iff igation systems. and the grassed areas, all in AS IS condition. Section 4. Consideration. In consideration of the CITY's grant of use Parker Pool, the Lessee will operate aquatic programs with as described in Exhibit B. As additional consideration, Lessee shall operate Parker Pool for general public swim each summer day for at least four hours per day, Tuesday through Saturday and at other times as mutually agreed upon by Lessee and the Director of Parks and Recreation, with user fees paid to Lessee not exceeding the fees as being charged by City for other City public pool use. As additional consideration, Lessee must maintain and keep the Premises and all Improvements in good operating condition. City has no obligation for any maintenance nor repairs at the Premises. At a minimum, maintenance includes: A. Lessee shall pick up and properly dispose of litter on a daily basis; B. Lessee must immediately report any vandalism occurring at the Premises to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; C. Lessee shall perform a chemical check of the pool's water every two hours to ensure that the pool water meets the standards found in the City's Code of Ordinances, Section 23-57, as amended, and in compliance with all other applicable to laws and regulations; D, Lessee shall maintain a daily chemical log, including the times pool chemical checks are made and related results of each chemical check; E. Lessee shall vacuum (with Lessee supplied vacuum) the pool, remove debris from the water, and sweep the pool area as needed; F. Lessee shall monitor the pool's restrooms and/or other areas regularly each day to prevent inappropriate behavior by attendees; G. Lessee shall provide all emergency medical and rescue equipment standard at all other CITY owned and operated pools including but not limited to Life Vests, A.E.D., Backboard, Oxygen, Guard Chairs, Guard equipment; H. Lessee will clean and disinfect the pool's restrooms daily, making sure that toilets are she and leaving one cup of bleach in each toilet as a disinfectant; 1. Lessee is solely responsible for obtaining and payment for all utilities at the Premises, including but not limited to: electricity, water, wastewater, telephone,and garbage pickup; J. Lessee shall purchase and utilize chemicals and equipment necessary to keep and maintain pool in compliance with all applicable Federal, State and Local laws and regulations. Section 5. Understanding'. Lessee acknowledges and understands that use of the Premises 2 expressly is conditioned on the understanding that the Premises and all Improvements must be returned in as good condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault,excepted. Section 6. Joint Use. The City retains option to request use of the Premises at mutually agreed upon times. Section 7. Prim uylIrposes. Lessee shall utilize the Premises for the purpose of providing its swim program as described on Exhibit B, for its membership, such membership open to the public upon payment of membership fees to Lessee, as described on Exhibit B. Lessee shall also utilize the Premises for the purpose of staffing and operating Parker Pool for general public swim Any other use of the Premises requires prior written approval of the City Director of Parks and Recreation. Section 8. Operating§lfell. A. Lessee covenants that it will operate the Premises in a safe manner, and in compliance with all applicable Federal, State and Local laws and regulations. Lessee shall be responsible for ensuring compliance by itself and its agents, representatives, and employees with the water safety and equipment provisions prescribed in the City's Code of Ordinances, Sections 23- 57(5), (6), and(8), as amended, and Section 23-58,as amended. B. In addition to the above, Lessee shall have on the Premises, at all times during its exclusive use periods, at least one spinal backboard (Lessee provided)capable of carrying an adult. Section 9. Additions or Alterations. A. Lessee shall not make cause any construction to the Premises nor to any Improvements without the Director of Engineering Services and Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from the City's Risk Management Department ("Risk Management") that the proposed addition or alteration will be covered under the insurance policy in force during the to of the Agreement before proceeding with any type of addition or alteration to the Premises or to the Improvements. B. All construction must be made at Lessee's sole expense. All construction installed by Lessee must be repaired and/or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Agreement if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by the Lessee which are not removed at the expiration or termination of this Agreement become the property of City without necessity of any legal action. C. If constructing New Improvements, Lessee shall ensure that the plans and specifications shall be prepared by state-licensed architects or engineers. The plans and specifications are subject to prior written approval of the City Director of Engineering and City Director of Parks and Recreation, and subject to execution of a separate agreement between the parties. 3 Section 10. Advertising and Signaze. The Director has the right to prohibit any advertising and/or signage by Lessee at the Premises which impairs the reputation of the Premises or the CITY. Section 11. Securitv. Lessee shall contract and pay for any and all security it requires during the operation of its program for the Premises for the term of this Agreement. Section 12. Inspection and Maintenance. A. The Lessee shall keep and maintain the mechanical equipment and facility structure of the Parker Pool in good operation condition during this Agreement. The City Manager or the Director, or their respective designee, has the right to inspect the Premises at any time. B. If any inspection reveals that maintenance is not being properly carried out, the Director will provide written notice to Lessee to provide proper maintenance; or inform the Lessee to remedy the maintenance needs (within limitations of this agreement). If Lessee has not completed the work within ten (10) days after receipt of the notice, City may undertake the work and Lessee shall pay City's costs within thirty(30)days of receipt of City invoice. If the Lessee is notified to remedy any maintenance needs outside the agreements it will bill the CITY for cost incurred. Section 13. 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 related to 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. Section 14. Compliance with Laws. A. Lessee must comply with all applicable Federal, State, County, and City laws, rules, regulations, and ordinances which may be applicable to its operation at the Premises and its performance under this Agreement. This Agreement is also subject to applicable provisions of the City Charter. B. All actions brought to enforce compliance will be brought in Nueces County, State of Texas. Where this Agreement was executed and will be performed. Section 15. Noncompliance Costs. Noncompliance with the terms of this Agreement may result in termination of this Agreement and repossession of the Premises and its Improvements by City or its agents. If City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee shall pay all CITY's court costs and expenses, including reasonable attorneys' fees. Section 16. Indemni!y LESSEE must fully indemnify, save and hold harmless the CITY, it's officers, employees, and agents (collectively herein referred to as "Indemnitees") against liability, damage, loss, claims, expenses, costs, judgments, demands and actions of 4 any nature whatsoever 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 which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, wither proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by Lesseer's officers, employees, agents, representatives, servants, contractors, patrons, licensees, or invitees entering upon the Premises for swimming program-related activities undertaken pursuant to this Agreement; or when any said injury or damage is the result, proximate or remote, in whole or in part, of the violation by Lessee's agents, representatives, servants, employees, contractors, patrons, licensees, or invitees of any law, ordinance or governmental order of any kind; or when said injury or damage may in any other way arise from or out of the use or occupancy of the improvements located on the Premises of this Agreement. Section 17. Insurance. A. Lessee must secure and maintain at Lessee's expense, during the term of this agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit"C," which is attached to this Agreement and incorporated in this Agreement by reference. Section 1 . No debts. LESSEE must not incur any debts or obligations on the credit each others behalf during the term of this agreement. Section 1 . Termination. A. This agreement may be terminated by mutual written consent of both parties without cause. B. if there is noncompliance with one or more of the provisions contained herein, either party may give written notice to the other party to cure or begin curing the default(s) within ten (10) days of receipt of notice. If there is not compliance or substantial compliance with each provision identified within ten (10) days of receiving said notice, the complying party may terminate this Agreement for cause by providing written notice of termination to the noncomplying party and listing one or more areas of continued noncompliance. Section 20. 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; or (3) by deposit with an overnight express delivery service, for which service has been prepaid. B. 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. Notice by overnight express delivery service will be deemed effective one (1) business day after transmission to overnight express carrier. C. All such communications must only be made to the following: IF TO CITY: IF TO Lessee City of Corpus Christi Coastal Bend Friends of Aquatics Ann: Director of Park& Recreation Attn- Dorrinda. Baird-Garza P.O. Box 9277 3702 Tripoli Drive Corpus Christi,TX 78469 Corpus Christi, TX 78145 D. Either party may change the address to which notice is sent by using a method set out above.All parties will notify each other of an address change within thirty (30)days after the address is changed. Section 21. &pgrting. Lessee shall submit annual reports to the Parks Director, listing the number of participants of its swimming program, during the to of this Agreement.The reports are due by September 15th of each Agreement year. Section 22. Construction and Reconstruction Funds. A. If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the portion or portions, up to and including the entirety, of the Premises involved in the construction or reconstruction, should the director deem it necessary, upon thirty (30) days written notice from the Director. The Director, in his sole discretion, shall make the determination as to the size and dimensions of the portion or portions to be vacated with a consideration toward the safety of participants. 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. City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. 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. Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 23.Amendments. No alterations,changes,or modifications of the terms of this Agreement nor the wavier of any provision will be valid unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 24. 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 its rights hereunder. No waiver of any covenant or condition of this Agreement 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. 6, B. If any action by 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 or approval of the same or any other action at any other occasion. Any waiver or indulgence of Lessee's default of any provision of the Agreement shall not be considered an estoppels against the City C. It is expressly understood that. if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of any rights and remedies which the City may at any time avail itself of said rights and remedies or elect to terminate this Agreement on account of said default. Section 25. Force Maieure. No party to this Agreement will be liable for failures and 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 26. Assignment and Sub Agreement. This Agreement may not be, in whole or in part, assigned, transferred, or sublet directly or indirectly without the prior written consent of the City. Section 27. Publication. Lessee agrees to pay the cost of the newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 28. Severab ill!y. 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 effective during the to of this Agreement or by a final judgment of a court competent jurisdiction,then the remainder of this Agreement, or the application of said term or provisions or circumstances other than those as to which is held illegal, invalid, or unenforceable,will not be affected hereby, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause,provision, phrase, or word hereof be given full force and effect for its purpose. Section 29. Participant Release forms. Lessee shall include the City of Corpus Christi, its officers, agents, employees, in the list of Released Parties on the Lessee Participant Release form. Section 30. Entire!y Clause. This Agreement 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, which reference to the subject matter hereof, 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 governing each party's performance hereunder and relating to Lessees use of the Premises. 7 EXECUTED IN DUPLICATE, each which shall be considered an original,on this the y of , 2013. ATTEST: CITY OF CORPUS I Rebecca a ., City Secretary Ronald Olson, City Manager Name: Title: Date: ,.'L12 ".. ,,- LJ J rrrrrn, »,.rrrrrrrr ,- m STATE OF TEXAS § § COUNTY OF NUECES § Before me,on this day personally appeared„ �� � who, by either personal knowledge or by proof of identification, is known to me to be the person whose name is subscribed to the f re g g oing instrument k� W and hereto acowled to me that he executed the same and in the capacity therein expressed.l 1 ��� i �������� �'�'��"�"�""'�` "� or the ose and consideration t i . 44 Given under my hand and seal of office this day of .�� �^,_„ , 201 Notary Public, State of xa , W ° D,JAIIES w, ". Hwy cYPIrnirn1!33i0f1 Expihres N, Printed Name ATTEST: CITY OF CORPUS CHRISTI e...... cc ............ .......... erta Nelda Martinez City Secretary Mayor APPROVED THIS AY of "I C "2014. 14. suck nce, Assistant City Attorney y for City Attorney EXHIBIT A - PREMISES Parker Pool Located at Parker Park(Northwest Comer of l ro Road and raha Road) 654 Graham Road Corpus Christi, TX 7 PREMISES INCLUDE: - Fencing around the entire pool facility Pump room pump equipment inside Restroom and office building - Shade structure on pool deck . Swimming pool Al n qr qtr I , 1 / T1 n 10 EXHIBIT B DESCRIPTION OF LESSEE'S SWIM PROGRAM Coastal Bend Friends of Aquatics dba Parker Pool Patriots The organization is organized exclusively for the charitable, scientific, literary or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future Federal tax code (hereinafter"IRC"). Coastal Bend Friends of Aquatics intends to operate Parker Pool for use with a private membership swim to as well as programs open to the public for general recreational swim. Membership in the Coastal Bend Friends of Aquatics shall be made available without regard to race, color, creed, religion, gender, or national origin. Admission to Parker Pool recreational public swim shall be made available without regard to race, color, creed, religion, gender, or national origin. The Objectives of the Parker Pool Patriots are: a. To encourage and provide swimming to the children in the local community as a healthy recreation alternative. b. To provide swimmers of all ages, the opportunity to develop skills necessary to formulate and attain their goals. c. To encourage physical fitness through training, education and competition in swimming events. d. To encourage the development of such life skills as good sportsmanship, proper or ethic, teamwork, and self-esteem, in order to provide the highest advantages in physical, mental, social, and spiritual education. e. To encourage and facilitate participation for all swirmners regardless of socio- economic background. f. Parker Pool Patriots will operate Parker Pool open to the public for general recreational swim from 12:30 - 4:30 pm Tuesdays through Saturdays, weather and conditions permitting. EXHIBIT C INSURANCE REQUIREMENTS SECTION 1. PARKER POOL TENANT'S LIABILITY INSURANCE A. PARKER POOL TENANT must not commence work under this permit until all insurance required herein has been obtained and the insurance has been approved by the City. PARKER POOL TENANT must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. PARKER POOL TENANT must furnish to the City's Risk Manager: two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must b e n amed 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 cancellation is Bodily Injury and Property Damage required on all certificates or by policy Per occurrence/aggregate limit endorsements Commercial General Liability including: $1,000,000 Per Occurrence I. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/Advertising Injury Auto Liability 1. Owned Vehicles At a minimum $25,000 per person/$50,000 per 2. Hired&Non-owned Vehicles occurrence for Bodily Injury and $25,000 for property damage WORKERS' COMPENSATION Required when PARKER POOL TENANT employs any person other than himself/herself- MUST COMPLY WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION 11 OFT 1S EXHIBIT EMPLOYERS' LIABILITY 12 $500,0001$500,0001$500,000 C. In the event of accidents of any kind related to this agreement, PARKER POOL TENANT must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of the accident. D 1IONAL E __U___l__ _ NTS A. PARKER POOL TENANT must obtain workers' compensation coverage through licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with 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. B. PARKER POOL TNT's financial integrity is of interest to the City; therefore, subject to PARKER POOL TANTs right to maintain reasonable deductibles in such amounts as are approved by the City, PARKER POOL TENANT shall obtain and maintain in full force and effect for the duration of this agreement and any extension hereof, at PARKER POOL TNANT'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. est's rating of no less than A- V11. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). PARKER POOL TENANT 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. PARKER POOL TENANT 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. ox 9277 Corpus Christi, TX 75469-9277 (361) 8264555- . PARKER POOL TENANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required rvisios: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities 13 of, or on e al o , the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (3 ) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five ( ) calendar days of a suspension, cancellation, or non-renewal of coverage, PARKER POOL TENANT shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend PARKER POOL TENANT'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 is agreement. F. In addition to any other remedies the City may have upon 's failure to provide and maintain any insurance or policy endorsements tote extent and within the time herein required, the City shall have the right to order PARKER POOL TENANT to stop work hereunder, and/or withhold any payment(s) which become due to PARKER POOL TENANT hereunder until PARKER POOL TENANT demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed s limiting in y way the extent to which PARKER POOL TENANT may be held responsible for payments of damages to persons or property resulting from PARKER POOL TENANT's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that PARKER POOL A 's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried y the City of Corpus Christi for liability arising out of operations under this contract. 1. It is understood and agreed that the insurance required is in ition to and separate from any other obligation contained in is contract. 2013 arks and Recreation Dept. PARKER POOL TENANT Lease Agreement ins. re q. 2-1 -13 ds Risk Mgmt. 14 0 06/12,121014 BAG AM 14154847068 .4 13618263864 aco CERTIFICATE OF LIABILITY INSURANCE DATE ryWDWVM MIOMIA THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION LY AND CONFERS 140 RIGHTS UPON THE CER71FICATE HOLDER.THIS CERTIFICATE T AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE O Y THE POLICIES BELOW. I S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S ), AUTHORIZED REPRESENTATIVE OR PRODUCER, E CERTIFICATE HOLDER, I to holder Is an ADDITIONAL INSURED,the PONCY(Iss)must be andarSOIL If SUBROGATION IS WAIVED, )a to the terms and conditions of the policy,certain policies may mquire an Endorsement. A statement on this cartificale does not confer rights to the certificate holder In lieu of such andormsemann t PR Harold . la Della Insurance 361-814-5900 �11AX ,:361-814-5902 4925 Everhart Rd Suite 108 bjellaagency @yahoo.com Go Mus Christi TX 7 411 R s ® aE r RISIUAERA: Penn-A INSURED a r ols/ ill rtn a o INSMER c, 654 Graham Rd D Corpus Christi,TX 78418 E: F: COVERAGES CAT REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSUR CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED D ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR E OF I Y E Y Y OENERAL LIABILITY EACH OCOMIRENCE I s 2.000.00D A x COMMERCLAL GENERAL� I'II"Y pREM[5 s ETCTE s 1 CLAAS-MADE P111111111^'11OCCUR PAV0021634 03/14/2014 43/1412015 MEDE7IP_LA y one s 5,D00 ,. ......... PERSONAL& DVOUUFIY f 1,000.000 ...................................... GENERAL AGGREGATE i 1,000,000 G EGATFE LIMIT APPLIES PEA: p t 1-000-000 Y P ID LOG f AUIOWNLRUARKM i ml ANY AUTO BOD2LYMUURYftpw=m) S ALL OWN AUTOS E® SCHEDULED AUTOS ILY RY(Pe D HR AUTOS f i � UMBRELLA UAa OCCUR H 5TA n1 E EXCESS Lue C E AGGREGATE AND EMPLOYEW DED R BI YIN iE G 0 CE CL907 OTFM f s S i NIA E.L I s I N E.L D E•EA PLO i D OF OPERAT E.L.DISEASE-POLICY LIMIT S i DESCRPTMOFQPEUMMOILOCATtMIVEMCLES( II". v.N CERTIFICATE HOLDER CANCELLATION City of Corpus Christi SHOULD DESMSED POLICIES BE CANCELLED BEFORE E EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED 1201 Leopard ACCORDANCE E POLICY P Corpus Christi TX 78401 Fax 361-826-3W AUnIORIZED REPREBMATWE 19W201 o Il ri C ( 10 ) The ACORD e and logo are mg1stend of ACORD bus 0 �A AGENDA MEMORANDUM „CURPOR 11 a First Reading for the City Council Meeting of June 24, 2014 2852 Second Reading for the City Council Meeting of July 22, 2014 DATE: June 9, 2014 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289-0171 ext. 1213 Authorize ratification of amendment of current lease agreement with Host International, Inc. ("HMS Host") by assignment to WDFG North America, LLC and inclusion of additional office space at the Corpus Christi International Airport. CAPTION: Ratifying lease assignment to WDFG North America, LLC ("WDFG"), and authorizing the City Manager to execute a first amendment to the long-term lease agreement with WDFG to provide additional space for the operation of a news and gift concession at the Corpus Christi International Airport; providing for publication; providing for severance. PURPOSE: Amend agreement by assignment from HMS Host to World Duty Free Group (WDFG) and addition of 130 sq. ft. of office space to the lease. BACKGROUND AND FINDINGS: On April 30, 2013, the City Council approved Ordinance No. 029776 authorizing a five-year lease agreement with HMS Host for operation of a news and gift shop at Corpus Christi International Airport. HMS Host is the world's largest provider of food, beverage and retail services for travelers, currently operating in 76 US Airports and 36 International locations. Subsequently, HMS Host embarked on a restructuring of its operations and sold its United States airport operations to World Duty Free Group (WDFG). The terms and conditions remain unchanged at the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10%) of the HMS Host's gross receipts, for a term of five (5) years. WDFG has requested an additional 130 sq. ft of office space which will generate an additional $6,215.88 annually. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: This amendment requires a 28-day delay between readings per City Charter. CONFORMITY TO CITY POLICY: The afore complies with the overall proposed concessionaire plan development of the Airport EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Budget and Strategic Management FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $110,000.00 $440,000.00 $550,000.00 Encumbered / Expended Amount This item $6,215.88 $24,863.52 $31,079.40 BALANCE $1167215.88 $4647863.52 $5817079.40 Fund(s): Airport Fund 4610 Comments: RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Assignment and Assumption Agreement First Amendment to Long Term Lease Agreement Ordinance Ratifying lease assignment to WDFG North America, LLC ("WDFG"), and authorizing the City Manager to execute a first amendment to the long-term lease agreement with WDFG to provide additional space for the operation of a news and gift concession at the Corpus Christi International Airport; providing for publication; providing for severance. WHEREAS, pursuant to Ordinance No. 025091, the City and Host International, Inc. ("Host"), entered into an eight-year lease commencing November 17, 2002 (the "Original Lease"), for the operation of a news and gift concession at the Corpus Christi International Airport; WHEREAS, pursuant to Ordinance No., 026113, the Original Lease was amended by Amendment No. 1 to Lease, dated January 18, 2005, to provide for additional storage area; WHEREAS, pursuant to Ordinance No. 029776, the City and Host reinstated the Original Lease, extended the term of the Original Lease through April 30, 2013, ap- proved an option to extend the Original Lease an additional five (5) years, expiring on April 30, 2018, modified other provisions of the Original Lease, and formally recognized the terms and conditions of the new long-term lease agreement as a complete sub- stitution for the Original Lease and all amendments and modifications thereto (the "Agreement"); WHEREAS, effective September 6, 2013, Host assigned all of its right, title, and interest in and to the Agreement to Concessionaire; and WHEREAS, Concessionaire and the City desire to add additional square footage to the Leased Premises, as such is defined in the Agreement, to allow for additional office space. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council ratifies the assignment of the long-term lease Agreement to Concessionaire. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the "First Amendment to Long-Term Lease Agreement" with Concessionaire to allow for additional office space for the operation of a news and gift concession located at the Corpus Christi International Airport. SECTION 3. Publication will be made twice in the official publication of the City of Corpus Christi and cost of same paid by the Concessionaire, both as required by the City Charter of the City of Corpus Christi. SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 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: Rebecca Huerta Nelda Martinez City Secretary Mayor First Amendment to Long-Term Lease Agreement This first amendment ("First Amendment") to the long-term lease agreement (the "Agreement") is entered into effective as of the day of , 2014, between the City of Corpus Christi, a Texas municipal corporation, ("City") acting through its duly authorized City Manager or his designee ("City Manager"), P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, and WDFG North America, LLC, a Delaware limited liability company ("Concessionaire"), whose principal office and place of business is 6905 Rockledge Drive, 6th Floor, Bethesda, Maryland, 20817. WHEREAS, by Ordinance No. 025091, the City and Host International,Inc. ("Host") entered into an eight-year lease dated November 12, 2002, and commencing November 17, 2002, (the "Original Lease") for the operation of a news and gift concession at the Corpus Christi International Airport(the"Airport"); WHEREAS, by Ordinance No. 026113, the Original Lease was amended by Amendment No. 1 to Lease, dated January 18, 2005, to provide for additional storage area; WHEREAS, by Ordinance No. 029776, the City and Host reinstated the Original Lease, extended the term of the Original Lease through April 30, 2013, approved an option to extend the Original Lease an additional five (5) years, expiring on April 30, 2018, modified other provisions of the Original Lease and formally recognized the terms and conditions of the new long-term lease agreement as a complete substitution for the Original Lease and all amendments and modifications thereto (the"Agreement"); WHEREAS, effective September 6, 2013, Host assigned all of its right, title, and interest in and to the Agreement to Concessionaire; and WHEREAS, Concessionaire and the City desire to add additional square footage to the Leased Premises, as such is defined in the Agreement,to allow for additional office space. NOW, THEREFORE, for and in consideration of the rentals to be paid to City by Concessionaire and of the mutual covenants and agreements of the parties contained herein, it is mutually agreed as follows: Exhibit "A" and Exhibit "C" to the Agreement are hereby replaced with the attached Exhibit"A"and Exhibit"C". All other language,terms and conditions of the Agreement remain the same. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their respective proper officers and have affixed their corporate seals hereto as of the day and year first above written. Page I of 2 i EXECUTED IN DUPLICATE ORIGINALS this day of , 2014, by the authorized representative of the parties, ATTEST: City of Corpus Christi,Texas Rebecca Huerta Ronald L. Olson City Secretary City Manager WDFG Nort Arne .ea, LL+C,: By: 11 tq Title: . - : EXHIBITS ATTACHED: Exhibit A—Concession Premises Description (one page) Exhibit C—Storage/Office Premises Description (one page) Page 2 oft . Corpus Chrlslllntnrnatlon$t Airport • k , HIPI 7 All V% JPR ISE$ i EM)TY CIIECK POINT tape COURT rm. doff K.Y • rruJvri o O PfC�Uft12 Ct PH4PQSEQ gy�qp/ NEW810117CONGESSION AM ln�l0Cllae INTERFJATIONAE.AIRPORT POWN15W01OI171'LF149EAWEEMENT UP�GGTIVA"� NOME:ALL MEA8UR9MENT8 TO Vr Ea%HE'ffjF i CITY CATE AREA AREA OFM(CLU0NE8PACf1LEA5lMdHgt, 0 O @ BFRd�17FlEINiYRi0ROPTH11F�tYf:WfAl, 1 YlA4l0 ANO P{(01.171EFi CFN{BR3.IFIC70 OT:Hf6AGHE0FEAC}I IN7s'AfOAWALL,QR,' 1NTNE9(6S�HCLtlFl1FFH8163{WA1FA,riiB- Pelrrr OF 0Af0 CP17[EiiUtEE WOum ukt �I• LO GATED IF AUGH INNOZORWALL EX€MI). VEY MAP 0- P[iWlmlf[pSiiKe/ Mw IEW.Tabor] Hii J i CRY@ "I n0 V, YICTORG "'f 6D,?llllCl1R13R cure: ts,2au2• .: . 1 �f7FlGPtRGxAI�iINP0R� FRVA I inai-AwuHC-tr.Asi �1`J eY�nDxcr�; 'rte ri+JW4i U{if//Nlhfa,jV,}•G, 27 S-4 >m >1T3 mr7—n—nr F T1` G7 i rn m ' CL7-y ID �oz�vu�i rO6+eZ�r�en-�o r��zmv m u� 2 °°moo F� A \ •`� o is----� r I 6-5 7/8' 1V-2112' \ �_ a �\ ` a a O ;� J4 p I€€ u fI 7 1011 Yi H W—so 3/4' DEPARTMENT OF AVIATION SCh ors cats MUN13 EXHIBIT C M.%RIOTAPA � � �- onre py.y-7014 CORPUSCHRISTI m INTERNATIONAL AIRPORT 2014 tOF7 ASSIGNMENT AND ASSUMPTION AGREEMENT AND FIRST AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT AND FIRST AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENT (this "Agreement'), dated as of September 6, 2013, is by and between Host International, Inc., a Delaware corporation("I HII"), and WDFG US, Inc.,a Delaware corporation ("BuL"). WHEREAS, HII is the sole owner of all of the outstanding equity interests (the "Purchased Interests") of WDFG North America LLC, a Delaware limited liability company ("WDFGNA"), and is the sole member of WDFGNA; WHEREAS, WDFGNA is governed by and operated pursuant to the terms and provisions of a Limited Liability Company Agreement, dated as of June 15, 2013 (as may be amended, restated, supplemented or otherwise modified from time to time, the "Company Agreement"); and WHEREAS, HMSHost Corporation, a Delaware corporation, HII, World Duty Free Group, S,A.U., a Spanish corporation, and Buyer entered into that certain Asset and Unit Purchase Agreement, dated as of July 30, 2013, (the "Purchase Agreement"), providing for, among other things, HII to sell,transfer, assign and deliver the Purchased Interests to Buyer; WHEREAS, HII now desires to sell, transfer, assign and deliver the Purchased Interests to Buyer, and Buyer desires to acquire the Purchased Interests; WHEREAS,HII and Buyer now desire for HII to withdraw as a member of WDGNA and for Buyer to be admitted as the sole member of WDFGNA; and WHEREAS,HII and Buyer desire to amend the Company Agreement as set forth herein. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Transfer of Purchased Interests. Pursuant to Section 5.2 of the Company Agreement and pursuant to the terms of the Purchase Agreement, HII hereby sells, transfers, assigns and delivers to Buyer, and Buyer hereby purchases and accepts from HII, all of HII's right,title and interest in and to the Purchased Interests, free and clear of any Encumbrances (as such term is defined in the Purchase Agreement). This Agreement and each of the transactions consummated hereby shall be effective as of 11:59 p.m. (Eastern Time)on September 6, 2013. 2. Assumption of Obligations. In accordance with and pursuant to the terms of the Purchase Agreement, Buyer hereby assumes and agrees to perform and to be bound by each and every term and provision of the Company Agreement, and Buyer hereby assumes the obligations of HII under the Company Agreement as if Buyer had executed the Company Agreement originally with respect to the Purchased Interests and, in furtherance thereof, hereby agrees that by its execution of this Agreement it shall be and become a party to the Company Agreement as a member. Except as otherwise expressly set forth herein, neither the making nor acceptance of this Agreement shall enlarge, restrict or otherwise modify the terms of the Company Agreement, 3. Amendments to Company Agreement. Pursuant to Section 8.1 of the Company Agreement, the Company Agreement is hereby amended such that all references to "Host International, Inc." (including in Exhibit A thereto) shall be deemed to be references to "WD G US, Inc.", and HII hereby consents to such amendment. 4. Withdrawal of HII; Admission of Buyg . Pursuant to Sections 5.2 and 5.3 of the Company Agreement, Hill hereby withdraws as the Sole ilieiliber of the Company and Buyer is hereby admitted as the sole member of the Company. 5. Appointment of Officers. Pursuant to Section 2.2 of the Company Agreement, the current officers of W DGNA set forth in Schedule 2.2 to the Company Agreement are hereby removed and each of the following individuals is hereby appointed to the office(s) set forth opposite such individual's name to serve as an officer of WDFGNA until such individual resigns, retires, dies, becomes disabled or is removed in accordance with Section 2.2 of the Company Agreement: Name Office Padraig D. Drennan President Fernando Nadal Treasurer Antoni Felany Bender Secretary 6. Inconsistent or Conflicting Provisions. Notwithstanding the foregoing, this Agreement is executed pursuant to, and is subject to, the provisions of the Purchase Agreement, and nothing herein shall affect, expand, diminish or otherwise modify the representations, warranties, covenants or obligations of any of the parties thereunder. If a provision of this Agreement is inconsistent or conflicts with the provisions of the Purchase Agreement, the provisions of the Purchase Agreement shall govern and prevail. 7. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. S. Headings. Headings herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof. 9. Governing Law. This Agreement shall be subject to the dispute resolution provisions set forth in Section 9.6 of the Purchase Agreement. EACH PARTY HEREBY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE 2 it I III UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, TO THE MAXIMUM EXTENT PERNUTTED BY LAW, IT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. [Signature Page Follows I 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement, or has caused this Agreement to be executed by its respective officer thereunto duly authorized, all as of the day and year first above written. HOST INTERNATIONAL,INC. By: Name: Paw lt an"114" Title: Prdaklord WDFG US,INC. By: Name: Title: By: Name: Title: [Signature Page to Assignment and Assumption Agreement and First Amendment to Limited Liability Company Agreement of WDFG North America LLC] IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement, or has caused this Agreement to be executed by its respective officer thereunto duty authorized, all as of the day and year first above written. HOST INTERNATIONAL,INC. By: Name: Title: WDFG US, INC. By: pal'i Name.`- a raig Drennan Title: President i By: s Name: Ant i Fel 'y Bender Title: Secretary (Signature Page to Assignment and Assumption Agreement and First Amendment to Limited Liability Company Agreement of WDFG North America LLC) d AGENDA MEMORANDUM oaPOwR,ko First Reading Ordinance for the City Council Meeting of July 22, 2014 2852 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: June 30, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods cctexas.com 886-2604 Accepting and appropriating the 2015 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of $40,266.75, for a total project cost of $138,348.75 and appropriating $98,082.00 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime DWI and Speed enforcement grants in the Police Department for 2015. The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $22,666.75 for fringe benefits and $17,600 for mileage. The grant period is 10/01/2014— 09/30/2015. 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: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2014- Expenditures 2015 (CIP only) Current Year Future Years TOTALS Line Item Budget $40,266.75 $40,266.75 Encumbered / Expended Amount This item $98,082.00 $987082.00 BALANCE $1387348.75 $1387348.75 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for Driving While Intoxicated (DWI) and Speed Enforcement overtime, with a city match of$40,266.75 for a total,project cost of$138,348.75; and appropriating $98,082.00 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 from the Texas Department of Transportation (TXDOT) in the amount of$98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for DWI and Speed Enforcement overtime, with a city match of$40,266.75 for a total project cost of$138,348.75; SECTION 2. That$98,082.00 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI and Speed Enforcement across the City. 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 Alien Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leaf 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 d AGENDA MEMORANDUM oaPOwRko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: June 20, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flov s cctexas.com 886-2603 Amending Chapter 38 of the Code of Ordinances to modify the peddler permit and unlawful solicitation sections of the code CAPTION: Amending Chapter 38, Section 22 of the Corpus Christi Code to modify the hours soliciting is allowed and to prohibit soliciting at homes with no soliciting or trespass signs; amending Chapter 38, Section 6 of the Corpus Christi Code to require proof of identification and background checks for peddler, commercial solicitor and itinerant merchant permittees and deny permits to applicants convicted of any felony or of any offense involving moral turpitude; amending Chapter 38, Section 4 of the Corpus Christi Code to require the displaying of permit; amending Chapter 38, Section 3 and Section 2 of the Corpus Christi Code to exempt local youth organizations from permitting process; amending Chapter 38, ARTICLE II. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus Christi Code in its entirety; providing for severance; providing for publication; providing for penalty; and providing an effective date. PURPOSE: Modifications are necessary to provide more specific guidelines for solicitation and for the safety of citizens. BACKGROUND AND FINDINGS: The changes to the ordinance are: 1. Hours changed to 9:00 am —7:00 pm daylight savings time or 6:00 pm standard time to prevent solicitation after sunset 2. Soliciting not allowed at premises with "No Soliciting" or"No Trespassing" signs. 3. Adding a criminal background check to the application. This will be a name search that does not require fingerprints. Development Services will be set up to run the search. 4. Applicants will be required to submit a government ID with photo for a permit. 5. Applicants will be required to wear or display their permit visible to the public and law enforcement officials. 6. Local youth organizations with a physical address in the City of Corpus Christi are exempt from peddler permit. 7. Unlawful for any person under the age of 16 to stand in a roadway to solicit or accept funds from an occupant of a vehicle. Unlawful for any person to stand in a roadway to solicit or accept funds from an occupant of a vehicle without wearing a reflective safety vest. 8. Eliminating the charitable solicitor permitting. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Chapter 38, Section 22 of the Corpus Christi Code to modify the hours soliciting is allowed and to prohibit soliciting at homes with no soliciting-or trespass signs; amending Chapter 38, Section 6 of the Corpus Christi Code to require proof of identification and background.checks for peddler, commercial solicitor and itinerant merchant permittees and deny permits to applicants convicted of any felony or of any offense involving moral turpitude; amending Chapter 38, Section 4 of the Corpus Christi Code to require the displaying of permit; amending Chapter 38, Section 3 and Section 2 of the Corpus Christi Code to exempt local youth organizations from permitting.process; amending Chapter 38, ARTICLE 11. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus Christi. Code in its entirety; providing for severance; providing for publication; providing for penalty; and providing an effective date BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 38, Section 22 General regulations, is revised as follows: Sec. 38-22. General regulations. All peddlers, commercial solicitors and itinerant merchants, permitted under the -- - provisions of this article shall comply with the following rules and regulations which shall be conditions of the permits: (1) No peddler or commercial solicitor shall conduct any such business except between the heum ef 0:00 a.Fn. and 9.00 . , before 9:00 a.m. or after 6:00 p.m during standard time, or before 9:00 a.m or after 7:00 p.m. during,daylight savings time, without a Prior invitation from the occupants of said private residence. (2) No. peddler, commercial solicitor or itinerant merchant shall represent to any person that any certificate of registration, permit or identification card issued under the provisions of this article in any manner constitutes an endorsement or approval by the City of Corpus Christi, Texas, of a product, good or service or of any particular person or business. (5) Every peddler, commercial solicitor and itinerant merchant shall prominently display any certificate of registration or permit issued under the provisions of this article and shall, upon the request of any person, display any identification card Issued under the provisions of this article. (6) No peddler=of commercial solicitor,or itinerant merchant shall remain on any p p Y 9 entry ,,. nvate remises or continue an effort to gin ent to any private premises after being requested by the owner or lawful occupant thereof to depart. F=9r C7LIPIAR SeS of this 1 11 IE 11 11 peddleFs 1 , shall be deemed request that any SUGh peddler eF 60liGit0F depaFt the pre (7)--- No peddler, commercial solicitor, or itinerant merchant shall engage in soliciting activities at any residence or business that has a "No Soliciting' or"No Trespassing" sin posted on the Property. SECTION 2. Chapter 38, Section 6 Permit application, information required, is revised as follows: Sec. 38-6. Permit application, information required, and criminal background check. fal 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 full name, phone number-current residence and place of residence for the five (b) years previous to the date of said application of any individuals who will engage in the business operations in the city. (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. (11) Each applicant shall provide proof of identification through submission of a valid driver's license or other valid official overnment photo identification. (b) (1) The applicant must provide all information and any state or fed al forms that are re uired to obtain a criminal history report for the applicant. In addition to the permit fee the applicant will be responsible to cover any fees imposed by state or federal agencies for the report. 2 An applicant and any individuals who will en-gage in the business operations in the city may_be denied revoked suspended, or denied for renewal if the armlicant has been convicted of any felony, or of any offense involving moral turpitude. SECTION 3. Chapter 38, Section 3 Applicability; affirmative defenses, is revised as follows: Sec. 38-3. Applicability; affirmative defenses. This article shall not apply to the following persons, businesses or conduct or under the following conditions; provided, however, that it shall not be necessary In the prosecution 2 of any violation of this article to negative any of such exceptions or exemptions herein expressed; but the pleading and proof of the same shall be an affirmative defense in any such prosecution: 15) Lemonade stands and the like conducted and.operated entirely by children under the age of sixteen (16) and upon the private residential premises of such children. ._11 fiscal youth organizations zations are exem p t from the permitting,.r,,.equirements of this chapter. SECTION 4. Chapter 38, Section 4 Permit Required, is revised as follows: Sec. 38-4 Permit Required. No person shall engage in the business of selling, offering for sale, renting or offering for rent any goods or services as a vendor, peddler, commercial solicitor or itinerant merchant within the City of Corpus Christi without first obtaining a permit therefor in accordance with the terms and pro visions of this article. When engaged in the business of selling, offering-for sale renting or offerinq for rent any goods or services such permit shall be attached or hung on the vendor, peddler, commercial solicitor or itinerant merchant so that it is visible to the public and law enforcement officials. SECTION 5. Chapter 38, Section 2 Definitions and construction, is revised as follows: Sec. 38-2. Definitions and construction. (a) As used in this article, the following definitions shall apply: (1) Bay front seawall shall mean the protective retaining wall running along the shore of Corpus Christi Bay and along Shoreline Boulevard from Buford Street to the entrance ramp to the barge dock, including the sidewalk thereon. (2) Business shall mean any marketing activity conducted for the sale or rental of goods or services for private profit on any premises in this city. (3) City shall mean the City of Corpus Christi, Texas, or where the context indicates, the city manager or his designated representative or other authorized representative of the city. (4) Commercial solicitor shall mean any person without a permanent business establishment within the city who takes or offers to take orders for the future delivery of any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof. (5) Itinerant merchant shall mean any person without a permanent business establishment within the city who engages in a temporary business of selling, offering for sale, renting or offering for rent any goods or services from a 3 permanent, established structure. Temporary association with an established resident business or person shall not excuse any itinerant merchant from the terms of this article. (6) Local youth organization means an organization that meets all of these requirements: i isacharitable or non-profit entity, or a public or private primary or secondary school or a program unit authorized by any such school such as a band athletic team student club etc. • and (ii) which raises funds for the y p !. ) been accused by an organization b predominantly using_c_hildren• iii has not be,,,.,,•„_ law enforcement agency of fraud, child labor law violations, or other crime against residents in the course of soliciting. All local youth organizations must have a physical address in City„of Corpus Christi. (7) Panhandle means the employment of the spoken, written or printed word or other acts as are conducted in the furtherance of the purpose of immediately collecting money or any other item of value for the use of one's self or others. (&)- Peddler shad mean any person without a permanent business establishment within the city who sells, offers for sale, rents or offers for rent any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof, and who makes delivery at or near the time of any such transaction. - (7-)_U9 Permanent business establishment means a building or part of a building or space within a building owned or occupied for use in the operation of an on-going commercial or Industrial enterprise which has been or is intended to be conducted for more than forty-five (45) days and for which use a certificate of occupancy has been issued by the city. (8) 10 Person shall mean any Individual, firm, company, corporation, organization, partnership, association or other legal entity. M 11 Vending unit shall mean any vehicle, stand, cart, craft, or other equipment or device used by a vendor for the storage or display of goods for sale or rent or in the actual rendering of services. (4-G) 12 Vendor shall mean any person who engages in the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental any goods or services from any vehicle, cart, stand, or other equipment or device or from his person, from, in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises, and outside a permanent, established structure. SECTION 6. Chapter 38, Article ll. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus Christi Code is hereby amended in its entirety to read as follows: Article ll. UNLAWFUL SOLICITATION Sec. 38-40. Definitions 4 As used in this Article, the following terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: (1) Aggressive panhandling means any of the following acts 1. Making any physical contact with or touching the solicitee in the course of the solicitation without the solicitee's consent. 2. Following a solicitee, if that conduct is; A. Likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession or B. Reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. 3. Continuing to solicit after the solicitee has made a negative response to a solicitation, but does not include a request for reconsideration of the denial of a request for a commercial or consumer loan under normal business terms. 4. Blocking the safe or free passage of a solicitee or requiring the solicitee, or the driver of a vehicle to take evasive action to avoid physical contact with the solicitor. 6. Using obscene or abusive language or gestures toward the solicitee. 6. Approaching the solicitee in a manner that: A. Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession or B. Is reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. (2) Charitable purpose means any purpose, whether actual or purported, which an ordinary citizen reasonably could classify as charitable, benevolent, philanthropic, patriotic, religious, social service, welfare, educational, eleemosynary, cultural, artistic, or for a public service or association of public servants. (3) Charitable organization means any person who engages in, or purports to engage in solicitation for a charitable purpose and includes a chapter, branch, area office, or similar affiliate or any person soliciting contributions within the city for a parent charitable organization, but does not include an organization whose primary purpose is supporting or opposing any candidate for elective office, or influencing the nomination for election or the election of any candidate for elective office. 5 (4) Person means any individual, organization, group, firm, association, partnership, corporation, company, trust or joint stock association, church, religious sect, religious denomination, society, or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof. (5) Professional.fundraiser means any person who for financial compensation or profit performs for a charitable organization service in connection with which contributions are, or will be solicited in this city by the compensated person or by any compensated person the person employs, procures, or engages to solicit; or any person who for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this city of contributions for a charitable organization. No investment adviser, investment adviser representative, broker-dealer, or lawyer, accountant,or banker who advises a person to make a charitable contribution or who provides Iegal, accounting or financial advice in the ordinary course of a profession or business shall be deemed, as a result of the advice, to be a professional fundralser. A bona fide salaried officer, employee, or uncompensated volunteer of a charitable organization is not a professional fundraiser. (6) Public place means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, parking meter, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, bus, bus station, bus stop, bank, restaurant, or business establishment. (7) Response means any reply or imperative instruction by a solicitee to a solicitor, the solicitee has been solicited or approached by the solicitor, whether verbal or non- verbal, to stop the solicitation, including, but not limited to, the use of gestures or words such as "no," "not today," "stop," "back off," "stay back," "get away," "leave me alone," or"withdraw." (8) Solicit funds or solicitation of funds means any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications, or brochures, upon the representation, express or implied, that the proceeds of such sale will be used for a charitable purpose as such term is herein defined. Expressly excluded from the meaning of"solicit funds" or"solicitation of funds" are any offer of membership in any organization and any solicitation of funds for any purpose either by a governmental agency or political subdivision. (9) Solicitee means any individual to whom a solicitor directs a solicitation. (10) Solicitor means any person who engages in the act of solicitation. Section 38-41 Unlawful solicitation. 6 (a) It shall be unlawful to solicit funds for charitable purposes between the hours of 6:00 p.m. and 9:00 a.m. during standard time or between the hours 7:00 p.m. and 9:00 a.m. during daylight savings time. (b) It shall. be unlawful for any person to solicit funds, directly or indirectly, by the misrepresentation of names, occupation, financial condition, social condition or residence of the persons purported to be benefited thereby or of the solicitor, or misrepresentation of any other material fact. (c) It shall be unlawful for any person who shall solicit funds for charitable purposes to represent in connection with such solicitation of fund that the city endorses or approves of the purposes of such solicitation by the city or any officer or employee thereof. (d) It shall be unlawful for any person to stand in a roadway to solicit or accept funds from an occupant of a vehicle without wearing a reflective safety vest. (e) It shall be unlawful for any person under the age of 16 to stand in a roadway to solicit or accept funds from an occupant of a vehicle. (f) It shall be unlawful for any person Knowingly to solicit funds from another for a particular charitable person or purpose after receiving notice that the other person does not want to be contacted again about contributing to the. charitable person or purpose. (g) It shall be unlawful for any person to solicit funds from another without disclosing to the potential donor his name, the name and address of the charitable organization on whose behalf he is soliciting, the name of any professional fundraiser for whom he is working and a statement that said entity is a professional fundraiser. (h) Charitable solicitations involving the sale or attempted sale of goods or services shall be subject to the provisions of the Texas Deceptive Trade Practices Act, and the provisions of said Act, as amended, are adopted herein by reference. (i) It shall be unlawful for any person to engage in aggressive panhandling. Sec. 38-42. Exceptions. The following are excepted from this Article: (1) The solicitation of funds for charitable purposes by any organization or association from its members; (2) The solicitation of funds for charitable purposes by a person when such solicitation occurs on premises owned or controlled by the person soliciting funds. Secs. 38-43 to 38-50 Reserved 7 SECTION 7. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 8. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 10. This ordinance takes effect after official publication. 8 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 9 so AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 22, 2014 182 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: 6/30/2014 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7203 Women, Infants and Children (WIC) grant FY 13-14 Accept and appropriate g rant amendment of$141,003.00 CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant amendment in the amount of$141,003.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of this grant amendment to begin as of June 6, 2014. PURPOSE: The acceptance and appropriation of additional funding to the FY13-14, Women, Infants and Children grant allows the Health District WIC division to continue to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition related risks. BACKGROUND AND FINDINGS: The special supplemental nutrition program for Women, Infants, and Children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition-related risks. This particular item is to accept and appropriate a grant amendment in the amount of $141 ,003.00 from the Texas Department of State Health Services. The grant amendment will increase grant funding for the WIC program from a current amount of $918,336 to an amount of $1,059,339.00 which will continue to be used to provide services at the Corpus Christi-Nueces County Public Health District to over 5,000 low income women, infants, and children per month. The current contract term is 10/01/2013 through 09/30/2014. No matching funds required. ALTERNATIVE: Discontinue WIC Program at the Corpus Christi-Nueces County Public Health District OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY/NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Finance-Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating o Revenue o Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (Cl P only) Current Year Future Years TOTALS Line Item Budget $1 ,059,339 $1 ,059,339 Encumbered / Expended Amount This item BALANCE $1 ,059,339 $1 ,059,339 Fund(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Current Award Letter Contract Amendment Contract Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant amendment in the amount of $141,003.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of this grant amendment to begin as of June 6, 2014. Be it ordained by the City Council of the City of Corpus Christi, Texas that: Section 1. The City Manager, or his designee, its authorized to execute all documents necessary to accept and appropriate a grant amendment in the amount of $141,003.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program. The current grant amount of $918,336.00 is hereby increased by the grant amendment in the amount of $141,003.00 for a total grant in the amount of $1,059,339.00 (Contract #2014-045103). Section 2. The City Council ratifies acceptance of the grant amendment in the amount of $141,003.00 to begin as of June 6, 2014. A copy of the documents shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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: Rebecca Huerta Nelda Martinez City Secretary Mayor TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1100 West 49th Street•Austin,Texas 78756 P.O.Box 149347•Austin,Texas 78714-9347 DAVID L.LAKEY,M.D. 1-888-963-7111 •www.dshs.state.tx.us COMMISSIONER TDD: 1-800-735-2989 Letter of Amendment June 6, 2014 Ms. Christina Zamarripa,WIC Director LA#38, Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi,TN 78416 Dear Ms. Zamarripa: The Corpus Christi-Nueces County Public Health District FY 2014 WIC contract will be amended to reflect revisions as detailed in the table below. This letter constitutes a formal contract amendment. Project Project Contact Award �utt1 A�u�t �rn � Amount Extra Benny Jasso Funding Len nv gas o Cal dshs.stateIx.—us $0.00 $140,238.00 $140,238.00 (512) 341-4573 Obesity Angela Gil Prevention angela.gi1C"dslis.state.tx_,us $17,000.00 $765.00 $17,765.00 (512)341-4590 This project adjustment will be reflected in your contract"Not to Exceed"amount as shown below: ,� s .a _ �` fir / i f N rr s y_ Current Contract Amended Amount Amended Amount Revised Contract"Not Amount Increase (Decrease) to exceed"Amount $918,336.00 $141,003.00 $1,059,339.00 Funds are awarded with the understanding that any procurements using these funds will be in compliance with the Uniform Grants Management Standards(UGMS), WIC policies, and 7 CFR Part 3016. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required by WIC Policy. In order for the State Agency to track these expenditures, please bill for each special project(s) listed above on a separate State of Texas purchase voucher(B-13). Label each voucher with the specific project name, as well as allocations to Administrative(Admin), Nutrition Education(NE),and Breastfeeding(BF)costs. Vouchers without allocations listed will be applied toward Admin. An Equal Employment Opportunity Employer and Provider Ms. Christina WIC Director LA#38,Corpus Christi-Nuecc Public Health District June h. 2O14 Page For questions regarding funding decisions, please contact Benny Jasso,WIC Program, ut(5)2) 34|-4573, or . For questions regarding purchase ccqueatm, please contact f\|iuioGoofao, Contract Deve|opo�cotand Support Branch, xt(5|2)77h'3l56or is . Sin | Lindsay Rodgers,Director Nutrition Services Section An Equal Employment OpportunitY Employer and Provider DEPARTMENT OF STATE HEALTH SERVICES S�1-T E - I 1 Amendment The Department of State Health Services (DSHS) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor) agree to amend Program Attachment# 001 (Program Attachment)to Contract# 2014-045103 (Contract) in accordance with this Amendment No. QQIA: NSS/WIC LOCAL AGENCY, effective 03/03/2014. The purpose of this amendment is to extend contract period from 3/31/14 to 9/30/2014, revise paragraph M in Section I and the administrative rate in Section VIII, and increase funding. Therefore, DSHS and Contractor agree as follows: Change Program Attachment Number as follows: PROGRAM ATTACHMENT NO. AAA 001A Contract Term Date is revised to read as follows: TERM: 10/01/2013 THRU: n2i2� 09/30/2014 SECTION I. STATEMENT OF WORK, first paragraph, sub-paragraph M, is replaced with the following: M. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) or equivalent telecommunications equipment at all Contractor WIC clinics and administrative offices using Texas-WIN software on a network or stand alone personal computer. Installation at all Contractor permanent WIC sites is required. VSAT or other telecommunications equipment installations for new sites or sites moving from one location to another requires a minimum of 4-5 60 days notice. SECTION VIII. SPECIAL PROVISIONS, General Provisions, Payment Methods and Restrictions Article, Section 4.01, Payment Methods, first paragraph under the heading PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT, is revised as follows: During the term of the Program Attachment, Contractor shall earn administrative funds at the rate of$12.34 $12.60 for each participant served as defined above. Page - I of 2 SECTION VII. BUDGET, is revised as follows: SOURCE OF FUNDS: CFDA# 10.557.001; 10.557.013 DUNS NUMBER: 069457786 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed$400$918,336.00. All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Signature of Authorized Official Signature of Authorized Official Date: Date: Evelyn Delgado Name: Assistant Commissioner for Family and Community Health Title: Services Address: 1100 WEST 49TH STREET AUSTIN,TEXAS 78756 512.776.7321 Phone: Evelyn.Delgado @dshs.state.tx.us Email: Page -2 of 2 DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2014-045103 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Government Entity,(collectively,the Parties). 1. Pumose of the Contract. DSHS agrees to purchase-, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments, 2. Total Antoirnt of the Contract and Pa nrent Method(s). The total amount of this Contract is$447,358.00,and the payment method(s)shall be as specified in the Program Attachments. 3. Minding_Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of fiends between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract,DSHS may restrict,reduce,or terminate funding under this Contract. 4. Term of the Contract, This Contract begins on 1010112013 and ends on 03/31/2019-, DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract,whichever is later. 5. Autborlty. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6, Documents Forming Contract. The Contract consists of the following; a. Core Contract(this document) b. Program Attachments:. 2014-045103-001 NSSIWIC LOCAL AGENCY e. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response($)to the Solicitation Docunrent(s). f Exhibits Any changes made to the Contract, whether by edit or attachment, do not forth part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92(as•r 7. Conflietin Terms, In tile, event of conflicting terms anrong the documents forming this Contract, the order of control is first the Core Contract,then the Program Attachment(s), th8n the General Provisions, then the Solicitation Document,if any,and then Contractor's response.to tile. Solicitation Document,if any. 8. P_ ayee. Tile Parties agree that the following payee;is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Nance: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 Vendor Identification Number: 17460005741027 9. Entire Agreement, The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract,other than as set forth in this Contract, 92618.1 By signing below, the Parties acknowledge that they have read the Contract and agree to its terms,and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICM CORPUS CHRISTI-MECM COUNTY PUBLIC H 13ALTH DISTRICT(CITY) 'r By: -v By; Signature of Authorized dfficlal Signature Date Date Evelyn Delgado S by Printed Name and itle Assistant Commissionerfor Family and 2d 1 Community Health Services Address 1 100 WEST 49TH STItBBT W15 1 i0 � U AUSTIN,TEXAS 78756 City, tate,Zip . 512.776.7321 3 6 t— $2- 3 Z "2- Telephone Number Evelyn.DelgadoQclslis.state.tx.us c� std C. ckwn-s'a Cj-UYti- R-jnnll Addr s for Official Correspondence WWI Or .0.=..1.,.... RY C�0#IP CIL...�.1 .�.2: SEMETARI 4263-1 CONTRACT NO.2014-045103 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO.0000399295 CONTRACTOR: CORPUS CIIRISTI-NUECES COUNTY PUBLIC HEAL`T'H DISTRICT (CITY) DSHS PROGRAM; N,SS/WIC LOCAL AGENCY TERM: 10/01/2013 THRU: 03/31/2014 SECTION I, STATEMENT OF WORK: Contractor shall administer the Department of State Health Services (DSHS) Special Supplemental Nutrition Program for Women, Infant, and Children (WIC) to provide supplemental food instruments, nutrition education, and counseling to enhance good health care at no cost to low4ticome pregnant and postpartum women,infants and children identified to be at nutritional risk. Contractor shall: A. Perform professional, administrative and clerical services necessary to determine eligibility, provide food instruments, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. Contractor shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the statutes, rules, policies, and directives of DSHS Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or as directed by the United States Department of Agriculture (USDA) as referenced in this Program Attachment. During the tern of this Program Attachment, USDA may issue regulations, instructions,policies and/or directives, which may be incorporated into the DSHS WIC Program Policy and Procedures Manual and program rules. B. Provide services within the state boundaries of Texas and in the approved clinic locations described in Contractor's application. C. Assist DSHS or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by DSHS WIC Program's written rules and policies for the compilation of such data, D. Determine eligibility of applicants through assessment of their categorical income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. E. Appoint a Contractor WIC Director/Supervisor. F. Train Contractor's Local Agency staff. PROGRAM ATTACHMENT—Page 1 G. Submit the following reports/plans by the due date: 1. Monthly Incentive Funding Summary Report by the IS"' day of the following month;and 2. WIC Local Agency Performance Measure Report by the 15`h day of the following month. H. Conduct outreach to potential participants. I. Complete surveys as requested. J. Within five days of receiving a DSHS request for a 'Vendor Evaluation, Contractor shall contact vendor Applicant to set up an appointment to conduct tite evaluation. Contractor shall conduct ott-site evaluation, completing WIC Vendor Evaluation Forms and fax/return forms to the DSHS no later than one business day after the oat-site evaluation. K. Determine participants' access to health care,medical care and other human services, and make appropriate referrals. Contractor shall have a system in place to provide participants with appropriate health services or make appropriate refon-als to health care providers under written agreements that ensure confidentiality of participants' personal Information. L. Issue pre-numbered food instruments furnished by DSHS to qualified participants who shall use such instruments to obtain specified food items from participating vendors; maintain complete accountability and security of all food instruments received from DSHS. Contractor shall be held financially responsible for all unaccounted for food instruments and/or for the redeemed value of those issued to ineligible participants. In addition, Contractor shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the WIC Policy and Procedures Manual. M. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) or equivalent telecommunications equipment at all Contractor WIC clinics and administrative offices using Texas-WIN software on a network or stand alone personal computer. Installation at all Contractor permanent WIC sites is required. VSAT or other• telecommunications equipment installations for new sites or sites moving from one location to another requires a niinimunt of 45 clays notice, N, Connect portable computers(notebook or laptop) that use Texas-WIN software daily to a (VSAT)or other DSHS provided-telecomtnui)icatioats access point to transfer data to and receive updates from DSHS. Daily is defined as Monday—Friday and Saturday if WIC services are provided. Portable computers ittay go to any of tire,Contractor's permanent WIC sites for data transfer, PROGRAM ATTACHMENT—Page 2 O. Review the Immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations. P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to the Contractor's Annual Plan of Operations as approved by DSHS and incorporated by reference in this Program Attachment. Q. Implement or expand Contractor's Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC participants. in normal breastfeeding situations. - Funding for this activity will be contingent on availability and written approval by DSHS. R. Implement special projects according to DSHS-approved plan related to nutrition education, outreach or breastfeeding if'project is requested by Contractor and approved by DSHS. Funding for special projects is contingent upon availability and approval in writing by DSHS of the Contractor's plan for the special project. S. Implement lactation services for WIC participants who have breastfeeding problems that are beyond the expertise of Contractor's local WIC staff and/or peer counselors using International Board Certified Lactation Consultants-or the most qualified equivalent. Lactation services may also include Contractor's Local WIC Agency staff training and the provision of lactation equipment. DSHS wilt provide written approval of Contractor's plan to use lactation funding. Contractor's plan shall include qualifications of any non-board certified lactation consultant, which is included in the proposal, T. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Contractor's staff is approved in writing by DSHS to participate in the DSHS Dietetic Internship program, This internship will consist of no less than 1200 hours of supervised learning experiences in a variety of nutrition-r'clated facilities and will prepare Contractor's selected staff member to better meet the needs of WIC participants. U. Stool: DSHS-provided manual pumps, single-user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. During the term of this Program Attaclurmnt, DSHS reserves the right to withhold payment if Contractor fails to accurately complete and submit breast pump receiving reports within three(3)business days of receiving a DSHS breast puriup delivery, V. Implement or expand Contractor's use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Contractor that includes, but not limited to: assistance with quality assurance,staff training, assistance with the Annual Nutrition Education -and Breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. PROGRAM ATTACHMENT--Page 3 f 1 Contractor shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment as amended, including, but not limited to; 1. Uniform Federal Assistance Regulations,7 CFR Parts 15, 15a, 15b,246, 248,3016,3017 and 3018; 2. WIC Program and Farmers' Market Nutrition Program Rifles, 25 Texas Administrative Code, §§31.11-31,37; and 3. Child Nutrition Act of 1966, as amended,42 USC 1786. The following documents are incorporated by reference and made a part of this Program Attachment; 1. DSHS Standards for Public Health Clinic Services, revised August 2004, or latest revision; 2. USDA Food and Nutrition Service(FNS)Guidelines; 3. USDA FNS Instructions issued under the FNS Directives Management System,and 4, Current WIC Policy and Procedures Manual. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), Contractor shall inform DSHS, in writing,if it shall not continue performance under this Program Attachment in compliance with the amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonableperiod of time as determined by DSHS. All activities related to WIC, inchiding timefranres, budget, and any revisions shall be approved by DSHS. SECTION II. PERFORMANCE MEASURES The following performance measures will be used to assess,in part, Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the other terms of the contract. Contractor shall ensure; 1) An average of 95% of fanriiies a quarter who participate in DSHS WIC Program by receiving food instruments shall also receive nutrition education classes or individual counseling services to coincide with food instrument issuance; 2) Of all pregnant women who enter DSHS WIC Program, an average of 20% a quarter slzall be certified as eligible during the period of the first trimester of their pregnancy; 3) An average of 85.5% of clients a quarter who are enrolled in the DSHS WIC Program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food instrument recipients each month (breast-feeding infants are also included in the client count); and PROGRAM ATTACHMENT--Page 4 , k 4) 98% of participants who indicate daring file enrollment process for the DSHS WIC Program that they have no source.of health care shall be referred to at least one(1)source of health care at certification of eligibility, Contractor shall submit the WIC .focal Agency Performance Measure Report which describes Contractor's efforts towards meeting performance measures. Tile report shall be in all approved format as provided by DSHS, and shall be completed an(] submitted to DSHS within fifteen (15) calendar days after the end of each month. SECTION III. SOLICIT'AT'ION DOCUMENT: N/A SECTION IV. RENEWALS: DSHS may renew this contract for one renewal period if fiords are available. SECTION V, PAYMENT METHOD: Cost reimbursement SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and Financial Status Reports (FSR) and submit by clectronie mail to DSHS-Contract Development and Support Branch at W]cVoucliea•s@dshs.state.tx,us SECTION.VII. BUDGET: SOURCE OF FUNDS: CFDA# 10.557.001; 10.557.013 DUNS NUMBER:069457786 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the, "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed:$447,758.00. SECTION VIII. SPECIAL PROVISIONS: General Provisions, Compliance and Reporting Article I, Section 1,07, Statutes and Standards of General Applicability,is hereby amended to include the following: Contractor shall comply with all provisions required by implementing Elie regulations of the Department of Agricultare, 7 CM Part 246, 248; Department of Justice Guidelines for Enforcement of Title VI, Civil Rights Act of 1964; 28 CFR § 50.3 and 28 CFR Part 42; and Food &Nutrition Service (FNS) directives and guidelines, to tile, effect that no person will, on the grounds of race, color, national origin, sex, age, of disability be PROGRAM ATTACHMENT---Page 5 A excluded from participation under any program or activity for which Contractor receives federal financial assistance from }DNS; and hereby gives assurance that it shall immediately take ineasures necessary to implement this Program Attachment. Contractor shall compile data, maintain records and submit reports, as required, to permit effective, enforcement of the nondiscrimination laws-and permit authorized USDA and State of Texas personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of Agriculture, food and Nutrition Service (USDA), has the right to seek judicial enforcement if Contractor violates any nondiscrimination laws. This Assurance is binding on Contractor, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Department of Agriculture. The person or persons whose signatures appear on the Core Contract are authorized to sign this Assurance on behalf of Contractor. Contractor shall comply with all of the requirements of the current WIC Policy and Procedures Manual and Program rules as well as state and federal laws and amendments governing or regulating the WIC Program, A copy of the current WIC Policy and Procedures Manual has been made available to Contractor. The WIC Policy and Procedures Manual,and all revisions made to the WIC Policy and Procedures Manual are incorporated into this Agreement by reference. Contractor has a duty to remain familiar with the contents within the WIC Policy and Procedure's Manual. Contractor is responsible for ensuring.that employees or agents acting on behalf of Contractor comply with all of the requirements of the WIC Policy and Procedures Manual, Program rules and all state and federal laws and amendments governing and regulating the WIC Program, General Provisions, Paynnent Methods and Restrictions Article IV, Section 4,01, Payment Methods,is hereby modified to include the following paragraphs: The participant caseload will be assigned by DSHS by giving written notice" to Contractor. The participant caseload is subject to change upon writteir notice to Contractor from DSHS with Contractor's concurrence. Contractor assumes liability for all food costs resulting from Contractor exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. DSHS will reimburse Contractor for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing food instruments, malting participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. Administrative costs will be reimbursed based on actual costs, but not to exceed tile, "maximum reimbursement" set out below, based upon the sang of the participants who actually receive food instruments each month plus infants who do not receive any food PROGRAM ATTACHMENT—Page 6 instruments whose breastfeeding mothers were participants to the extent that tine total so derived does not exceed Contractor's total assigned caseload within any given month. Surplus funds (the amount by which maximum roimbur.sements exceed actual costs) call be accumulated and carried forward within the Program Attachment term. Surplus encumbered by September 30 shall be, billed and vouchers received by DSHS no later than sixty(60)calendar days following tile,term of the Program Attachment. PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT: During the term of the Program Attachment, Contractor shall earn dudmirlish•ative funds at the rate of$12.34 for each participant served as defined above. DSHS may pay for additional goods or services as specified in this Attachment if provided by Contractor during the term of this Attachment(but not otherwise paid during the term of this Attachment) if it is in the best interest of DSHS to do so, and funds are available. The Contractor will be notified if a change in funding occurs and will have thirty (30) clays to provide written notice to the DSHS if it intends to tonninate this Program Attachment. Contractor agrees that; (1) Contractor shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education and counseling, Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance within tire DSHS WIC Program. (2) DSHS will reimburse Contractor for administrative oxpenses at a rate not greater than 5.26 trines the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed Contractor's assigned participant caseload, plus ally incentive funds allocated to Contractor by DSHS. (3) DSHS will limit(cap)reimbursement of Contractor's indirect costs at twenty(20) percent applied to Contractor's total direct salaries plus benefits reimbursed by DSHS. (4) DSHS will identify annually to Contractor an aniount of funds that shall be spent for breastfeeding promotion. The Allocation of breastfeeding funds to Contractor will be based on Contractor's proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to DSHS WIC Program. (5) DSHS WICProgram also reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or PROGRAM ATTACHMENT—Page 7 a breastfeeding promotion is not being provided by Contractor, or Contractor is not complying with the provisions of USDA and/or DSHS directives. (G) DSHS reserves the eight to utilize a competitive offering for the award of any future contracts at the end of the term of this Program Attachment. (7) DSHS may amend or terminate this Program Attachment if available funds become reduced, depleted, or unavailable during the term of the Program Attachment to the extent that the WIC Program, is unable to provide administrative funding at the rate(s) stated in this Program Attachment. DSHS will provide written notification to Contractor of such fact. (8) DSHS may pay for additional services as specified in this Program Attachment if provided by Contractor during the teem of this Program Attachment (but not otherwise paid during the term of this Program Attachment) if it is in the best interest of DSHS and DSHS WIC Program to do so. If Contractor exceeds the amount of earned administrative funds as stated above, Contractor shall continue to bill DSHS for the services provided. If additional funds become available at a later date for the provision of these services, DSHS WIC Program may pay Contractor a share of these funds. (9) DSHS may provide incentives to Contractor's Local WIC Agencies for Participants who are provided WIC services outside the normal traditional hours to the extent that federal funding is available. (10) During the term of this Program Attachment, DSHS may adjust the base reimbursement rate as defined in this Program Attachment if it is in the best interest of DSHS and the DSHS WIC Program and if administrative WIC Grant funds change, Contractor shall indicate separately on the face of the claim for reimbursement(State of Texas Purchase Voucher, Form P-13) the costs associated with nutrition education, breast-feeding, alt(]other administrative costs. General Provisions, Payment Methods and Restrictions Article IV, Section 4.02, Billing 80mission is amended to include the following; Contractors shall bill the Department in accordance with the Program Attachnient(s)in the form and format prescribed by DSHS. Unless otherwise specified in (lie Program Attachments) or permitted under flee Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request, Contractor shall submit quarterly Financial Status Reports (FSRs) to DSHS by the last business day of the month following' the end of each quarter of the Program Attachment terin for Department review and financial assessment. Contractor shall submit the final PSR no later than sixty(60)calendar clays following the end of the applicable term. PROGRAM ATTACHMENT--Page 8 General Provisions, Payment Methods and Restrictions Article IV, Section 4.04, Worldrlg Capital Advance, is not applicable to this Program Attachment. However, Contractor will be allowed the option of receiving a two (2)month cash advance in accordance with WIC Program Policy and Procedures. General Provisions, Records Retentioli Article VIII, Section 8.01, Retention shall be replaced with the following: Recordkeeping regi rernenfs. Contractor shall maintain full and complete records concerning Program operations. Such records shall comply with 7 CPR Part 3016 and the following requirements: (1) Records shall include, brit not be limited to, information pertaining to financial operations, food delivery systems, food instrument issuance and redemption, equipment purchases and inventory, certification, nutrition education, civil rights and fair hearing procedures, (2) All records shall be retained for a minimum of three years following the date of submission of(lie final expenditure report for the period to which the report pertains. If any litigation, claim, negotiation, audit or other action involving tile, records has bee& started before the end of the(hree-year perlod,the records shall be kept until all issues are resolved, or until the end of the regular three-year period, whichever is lister. If USDA deems any of the WIC program records to be of historical interest,it may require DSHS or the Contractor to forward such records to, (he USDA whenever either entity is disposing of them. (3) Records for nonexpendable property acquired in whole or in part with WIC program funds shall be retained for three years after its final disposition. (4) All records shall be available during normal business hours for representatives of tile, USDA, DSHS and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other documents resulting from the-examination of such records that are publicly released may not include confidential applicant or participant information. General Provisions, Notice Reciuirelnents Article X, Section 10.01, Child Abuse Reporting Requirement,is hereby amended to include tile,following: If Contractor chooses to interview a client to determine if an affirmative defense to prosecution exists, as defined by DSHS, which would allow theist tinder the DSHS policy to not make a report of child abuse, the Contractor shall conduct these interviews in the following rnamler: • For ineligible,clients, the interview shall be conducted after the entire WIC visit is done. For eligible clients, the interview may occur at tile, point in time when. all WIC activities, including communication of eligibility and individual counseling, are completed with tile,exception of food instrument issuance. • The interview shall be conducted only by a competent atithority or a supervisor and ill a confidential setting. PROGRAM ATTACHMENT—Page 9 • Prior to asking (lie client any questions, the interviewer shall inform the client that the questions have no bearing on the client's WIC eligibility and receipt of services. General Provisions, General Buslness Operations of Contactor Article Xll, Section 12.02, Management and Control Systems,Item a is not applicable to this program attachment;Item c is replaced with the following: C) effective internal and budgetary controls;deternunation of reasonableness, allowableness, and allocability of costs;timely and appropriate audits and resolution of ally fiildingS. General Provisions, General Business Operations of Contractor Article XII, Section 12.06, Overtime Compensation,is not applicable to this Program Attachment. General Provisions, General Business Operations of Contractor Article X11, the last three sentences of Section 12,20,Equipment,are not applicable to this Program Attachment, General Provisions, General Business Operations of Contractor Article X11, Section 12.23, Property Inventory and Protection of Assets, is amended to include the following: Contractor shall maintain an inventory of reportable capital assets placed in the custody of the Contractor by DSHS. Contractor shall conduct an annual inventory for each administrative and .clinic site and subinit to DSHS Property Management in a format and upon a delivery date designated by DSHS. Contractor shall adminis(er a program of maintenance, repair and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise conipcnsated for any loss of, destruction of, or damage to the assess provided under (his Contract, it shall use-the proceeds to repair or replace said assets. General Provisions, General Business Operations of Contractor Article X11, Section 12.26, Property Acquisitions,is not applicable,to this Program Attachment. General Provisions, General Ternrs Article X111, Section 13.15, Amendment, is replaced with the following.- The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract. Parties agree that this attachment may be amended during its terra by Letters of Amendment to reflect funds awarded for special projects and to more accurately align the total Not To Exceed amount with funds the contractor may earn by contract performance. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article, Contractor's request for certain budget revisions or other amendments must be submitted in writing,including a justification for the request,to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of Elie Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests pray be granted at the discretion of DSHS, Except as PROGRAM ATTACHMENT—Page 10 otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the perfornlance or production of, different or additional goods,services, work or products except pursuant to an amendntcrrt of this Contract that is executed in compliance with this section; and DSHS will not waive any tern, covenant, or condition of this Contract unless by amendment or otherwise in cornpliaErce with this Article. PROGRAM ATTACHMENT--Page 11 �C�TE 0 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or an employee of any agency, a mernber of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this federal.contract, grant. Ioan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Iess that$10,000 and not more than$100,000 for each such failure. rA re' Date Print Name of Authorized Individual 2014-045103 Application or Contract Number CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Organization Name CSCU#E1i29-12374-Revised 08.10.07 SC ` AGENDA MEMORANDUM * a First Reading Ordinance for the City Council Meeting of July 22, 2014 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: July 1, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director icael o cctexasecom 361-826-3460 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 $658,416.54 in developer contributions and $220.93 in interest earnings for a sum of $658,637.47 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: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $4,598,499.96 $4,598,499.96 Encumbered / Expended Amount (3/14/14) 2,657,883.69 2,657,883.69 This item 658,637.47 658,637.47 BALANCE $2,599,253.74 $2,599,253.74 Fund(s): The No. 4720 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. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment— Schedule of Appropriation; Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $658,416.54 in developer contributions and $220.93 in interest earnings for a sum of$658,637.47 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Ordinance 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 residents of the subdivision, which shall in no case be located more than one and one-half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, City Ordinance 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 $658,416.54 in developer contributions and $220.93 in interest earnings, for a sum of$658,637.47, 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 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 City of Corpus Christi 4720 COMMUNITY ENRICHMENT FUND Includes deposits received through 6/30/14 Org # Description To be Designated Park Project Appropriated 21460 Developer Fee- interest 57.91 21300 Park trust-u n restrict interest 148.95 21371 Gateway interest 1.26 21357 HEB Park pool &tennis interest 0.26 21502 Beautification prom. interest 1.34 21507 Ed exchg prg-Sister City int. 0.10 21511 Permanent art trust interest 11.11 INTEREST 220.93 21313 Barcelona 5,978.45 Parkview Park 21387 Brighton Village 70,625.00 Brockhampton/Oso Creek Park 21674 Buena Vista 62.55 21336 Cole Park donation 299.00 21675 Don Patricio 1,875.00 21677 George Village 22,500.00 Oso Bay Wetland Preserve 21322 Joslin Tract 105,000.00 Oso Bay Wetland Preserve 21658 Kitty Hawk 376.78 21456 Manhattan Estates 28,062.10 Parker Park 2012 21461 Palmetto Park 2,500.00 21460 Park Development Fee 252,200.00 Oso Bay Wetland Preserve 21440 Park Memorials 48,591.66 Raymond Dulak Memorial 21418 Purdue Road 20,800.00 Parker Park 2012 21620 Rancho Vista 4,546.00 Rancho Vista Park/Trail 21676 Vineyards 95,000.00 Oso Bay Wetland Preserve CONTRIBUTIONS 658,416.54 TOTAL INTEREST& CONTRIBUTIONS 658,637.47 lis 01 �A -a. ., AGENDA MEMORANDUM & First Reading Ordinance for the City Council Meeting of July 22, 2014 1r Second Reading for the City Council Meeting of July 29, 2014 DATE: June 30, 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 utility easement out of Padre Island Number 1 CAPTION: Ordinance abandoning and vacating a 1,361-square foot portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., 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: Island Foundation, Inc. (Owner) is requesting the abandonment and vacation of a 1,361- square foot portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with a re-plat combining all of the Owner's contiguous property. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off-set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. 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 Owner's 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 49-12 and 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. 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 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. 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. c. Prior to the approval of the building permit and 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. d. 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 an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. WHEREAS, Island Foundation, Inc. ("Owner") has requested the abandonment and vacation of a portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1 361-square foot portion of an existing 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 Island Foundation, Inc., ("Owner"), a 1,361-square foot portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of- way, and north of the Encantada Avenue public right-of-way, as recorded in Volume 13, Pages 1-8, and Volume 42, Pages 20-21 , 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. 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. c. Prior to the approval of the building permit and 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. d. 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 UK ENGINEERING Job No.38009.114.03 March 26,2014 Revised:May 30,2014 0.031 Acre Tract,Utility Easement Closure State of Texas County of Nueces FIELDNOTES for a 0.031 Acre Tract,Utility Easement Closure,more or less,over and across Lot 10A,Block 16,Padre Island Number 1,a map of which is recorded in Volume 13,Pages 1-8,Map Records of Nueces County,Texas and Lot 12,Block 16,Padre Island Number 1,a map of which is recorded in Volume 42,Pages 20-21,Map Records of Nueces County,Texas.;said 0.031 Acres,being more filly described by metes and bounds as follows: Commencing,at a 518 inch iron rod with cap(Hayden)found,the Intersection of Encantada Avenue and South Padre Island Drive,a public roadway,the South corner of a County Road closed in Volume 18, Page 232,and Volume 1591,Page 65,Commissioner's Court Minutes,Nueces County,Texas; Thence,North 65°28'01"West,with the Northeast line of the said Encantada Avenue,the Southwest line of the said Closed County Road, 114.02 feet,Thence,North 24°31'59"East,50.00 feet,to the Southwest line of said Lot 10A,for the Point of Beginning and Northwest corner of this easement; Thence,North 69°00'57"East, 145.66 feet,for the Northeast corner of this easement; ` Thence,South 22°30'52"West, 13.79 feet to the North line of the said Closed County Road,the South I line of the said Lot 12 and for the Southeast corner of this easement; r Thence,South 69 100'57"West,with the North line of the said Closed County Road,the South line of l the said Lots l0A and 12, 126.35 feet,for the Southwest corner of this easement; I i Thence,North 65°28'01"West,the Northeast line of the said Closed County Road,the Southwest line of this said Lot 10A, 14.02 feet,to the Point of Beginning,containing 0.031 acres(1361 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. { t Also reference accompanying sketch of tract described herein. i 9ft- 1IR13AN EJING OFT 1Q��1S T Eq D.r9J, i Dan L.Ur an, .L.S. DAN„LEE URBAN License No.4710 4710 lgho°.sss v ypQ UR S:'Surveying\38009\B403\OFFICE\METES AND B0LINDSIFN0.031AC=.docx Page 1 of I 4 (361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145.TBPLS Firm#10032400 EXHIBIT A Co c �s fiord° ) P°goy SPY9 as � o Min o o Co °. s Cay o N c 000t6e a Hawksnest �� U a — — Padre Bali Ea I s lest Cy °o o Park Ba a 1 Y a c o a r g� o /s/a 0 �� c o ° Co/°n C) <v O �esi ee N 0 o v C- ° 3 - � Site Co o L ° 4�Qn Corpus Christi, Texas IS) 4" Site Map U U IfI U cords 42' p °nd N l of N�9s. 2p 4�ber l A eoes Co n7tyM 000 ecords 42 p/Ono' 72 Of 9s k) a NUeces2C 276er 7 CountyMT�X pool, (0 O Rec r ds of uo% 73 7sl°n d o Oe a 7�8 ber cO°n MOp 1„ p° 'S 1 ' l 9 t, R °f� kos .OQ J� 0 ss � ��e\ N fiss cl °7 � edo o PVc �°e '7ers 97 O7 76 0 0S� `'1 F �1 I 5� SA \ Co4nt C°-urp9. � \ � Tekt F / Q d0 N65��7 0-0� ue 4 Point of Commencement Sketch to Accompany �\ FIELDNOTES for a 0.031 Acre Tract, Utility Easement Closure, more or less, over and across Lot 10A, Block 16, Padre Island Number 1, a map of which is recorded in Volume 13, 75 Sp ffi 0 Sp Pages 1-8, Map Records of Nueces County, Texas and Lot 12, Block 16, Padre Island Number 1, a map of which is recorded in Volume 42, Pages 20-21, Map Records of �.�. Nueces County, Texas. Legend DATE: March 26. 2014 • Fd. 5/8" I.R. URBAN SCALE; r-w with cap (Hayden) ENGINEERING JOB NO.: 3800924.03 O set 5/8° iron rod with WE NA W �a t5�g MOD= SHEET: 1 of 1 plastic cap stamped MW(ant 00-" FA!On)00-M DRAWN BY RLG "Urban Engr C.C. Tx"' 02014 by Urban Engineering 1:1 EXHIBIT B lis 01 A -a. . AGENDA MEMORANDUM & First Reading Ordinance for the City Council Meeting of July 22, 2014 � Alt Second Reading for the City Council Meeting of July 29, 2014 DATE: June 30, 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 utility easement out of Padre Island Number 1 CAPTION: Ordinance abandoning and vacating a 2,130-square foot portion of a 10-foot wide utility easement out of a part of Lots 7B, 8B, 9B, 10A, 10B, and 12, Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., 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: Island Foundation, Inc. (Owner) is requesting the abandonment and vacation of a 2,130-square foot portion of a 10-foot wide utility easement out of a part of Lots 7B, 8B, 9B, 10A, 10B, and 12, Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with a re-plat combining all of the Owner's contiguous property. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off-set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. 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 Owner's 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 49-12 and 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. 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 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. 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. c. Prior to the approval of the building permit and 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. d. 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 a part of Lots 713, 813, 913, 10A, 10B, and 12, Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of- way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. WHEREAS, Island Foundation, Inc. ("Owner") has requested the abandonment and vacation of a portion of a 10-foot wide utility easement out of a part of Lots 713, 813, 913, 10A, 1013, and 12, Blk. 16, Padre Island Number 1; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 2,130-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 Island Foundation, Inc., ("Owner"), a 2,130-square foot portion of a 10-foot wide utility easement out of a part of Lots 713, 8137 9137 10A, 1013, and 127 Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of- way, and east of the Palmira Avenue public right-of-way, as recorded in Volume 13, Pages 1- 8, and Volume 42, Pages 20-21, 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. 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. c. Prior to the approval of the building permit and 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. d. 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 U RBAILN ENGINEERING Job No.38009.B4.03 March 26, 2014 0.049 Acre Tract,Utility Easement Closure State of Texas County of Nueces FIELDNOTES for a 0.049 Acre Tract,Utility Easement Closure,more or less,over and across Lots 7B,8B,9B, l OA and l OB,Block 16,Padre Island Number 1,a map of which is recorded in Volume 13,Pages 1-8,Map Records of Nueces County,Texas and Lot 12,Block 16,Padre Island Number 1,a map of which is recorded in Volume 42,Pages 20-21,Map Records of Nueces County,Texas.;said 0.049 Acres,being more fully described by metes and bounds as follows: Commencing,at a 518 inch iron rod with cap(Hayden)found,the Intersection of Encantada.Avenue and Palmira Avenue,a public roadway,the West comer of a County Road closed in Volume 18,Page 232,and Volume 1591,Page 65,Commissioner's Court Minutes,Nueces County,Texas; Thence,South 65028'01"East,with the Northeast line of the said Encantada Avenue,the Southwest line of the said Closed County Road, 145.00 feet,Thence,North 24°31'59"East,50.00 feet,to the Southwest line of said Lot l OB,for the Point of Beginning and Southwest comer of this easement; Thence,with a curve turning to the left with an arc length of 212.53 feet,with a radius of 2459.93 feet, with a chord bearing of North 22°03'28"East,with a chord length of 212.47 feet,for the North comer of this easement; Thence,South 70025'02"East,the Northeast line of the said Lot 7B and Lot 12,the Southwest line of Lots 6B and 6A,Padre Island Number 1,a map of which is recorded in Volume 13,Pages 1-8,Map Records of Nueces County,Texas, 10.00 feet,for the East comer of this easement; Thence,with a curve tummg to the right with an arc length of 213.40 feet,with a radius of 2469.93 feet,with a chord bearing of South 22°03'28"West,with a chord length of 213.33 feet,for the South corner of this easement; Thence,North 65°28'01"West,the Northeast line of the said Closed County Road,the Southwest line of this said Lots 10B and 10A, 10.00 feet,to the Point of Beginning,containing 0.049 acres(2130 Square Feet) of land,more or less; Bearings based on GPS,NAD83,State Plane Coordinates,Texas South Zone 4205. Unless this Seldnote 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 herein. .� o . tF ENG E ,l, �Q: - isrEq'• 9 6.. Q� � f0••.� ................................ 774A DAN LEE URBAN RP.L.S. ................................. 4 710 License No.4710 S:\Surveymg\380098403\OFRCE\METES AND BOUND Page 1 of 1 (361)854-3101 2725 SWANTNER DR. .CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 a TBPLS Firm#10032400 EXHIBIT A Pogoy SPYg as . ° o Min o � o 0 G° tiles COY 0 v Gan Ho ksnest d v ° Padre Bali \ Ea q1 snest o o° s- Park 60 Q i o a.. � o a. s E� o IsiO Cl) � �° \ n o COion Desi ee in o °o G o -o nc°n \ Q `�?�, Sit e Corpus Christi, Texas yso l U U I l u Site Map 25.0, Cot 6e 4i l / of ` o t l Q �Ot 64 /"J- a ^ y Cot 7�UE'� R=2459.93' / / Aa04*57'01" a T-1 06.33' 1 / R=2469.93' QQ a °ate L=212.53' / / T=106 76' ° � 1 CO 2S o, t 98 N jN CP Lot 12 N Cot / Padre Island Number 1 Lot 11 G� �e Vol. 42, Pgs. 20-21, Map Records of Nueces County, Texas o` p q 9. RO 6,5 C32, oo, c�' f°f8ee U tPS N�r�S (/a�d in 8 \ eces gone"fs91 of f8 ~ Cc s C p 3 t y o 9 40t �hCQn toe E '45 \ekos 0 ti 8 d la�F / 10 o 01" Sketch to Accompany € FIELDNOTES for a 0.049 Acre Tract, Utility Easement Closure, more or less, over and across Lots 7B, 8B, 9B, 10A and 10B, Block 16, Padre Island Number 1, a map of which is 76 00 25 o 50 too recorded in Volume 13, Pages 1-8, Map Records of Nueces County, Texas and Lot 12, Block 16, Padre Island Number 1, a map of which is recorded in Volume 42, Pages 20-21, �• Map Records of Nueces County, Texas. DATE: March 26, 2014 • Fd. 5/8* I.R. URBAN SCALE: 1"=5o' with caop p (Hayden) ENGINEERING JOB NO.: 38009.84.03 O Set 5/8° iron rod with WFAWMLdtrss,AmwAWr SHUT: 1 Of 1 plastic cop stomped SHUT: "Urbon Enqr C.C. Tx" )3.dw� gAft- ng EXHIBIT B se Ak o ''�OnwraaaIt 1852 AGENDA MEMORANDUM First Reading item for the City Council Meeting of July 22, 2014 Second Reading item for the City Council Meeting of July 29, 2014 DATE: July 1, 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 Navigation Boulevard from Up River Road to Leopard Street BOND 2012 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding capital reserves in the amounts of $1,425,000 from Storm Water CIP Fund 3494, $65,650 from Water CIP Fund 4088, $60,847 from Gas CIP Fund 4551, $1,661,514 from Wastewater CIP Fund 4249, transferring $555,557.73 from Street Project 170371 Holly Road from Greenwood to State Highway 286, $1,174,386.14 from Street Project E12102 Twigg from Shoreline to Broadway, $1,575,148.09 from Street Project E12103 Leopard from Crosstown to Palm to the Bond 2012 Street Project Navigation Boulevard from Up River Road to Leopard Street; increasing expenditures in the amount of$3,213,011; authorizing the City Manager or designee to execute a construction contract with Reytec Construction Resources, Inc. from Houston, Texas in the amount of $14,480,215 for Navigation Boulevard from Up River Road to Leopard Street for the Base Bid and Additive Alternate #3, to execute Amendment #1 to an Engineering Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of $269,818 for a restated fee of $1,062,168, for Navigation Boulevard from Up River Road to Leopard Street for construction observation services, and to execute a Construction Materials Testing Contract with Rock Engineering of Corpus Christi, Texas in the amount of$62,044 for Navigation Boulevard from Up River Road to Leopard Street. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Reytec Construction Resources, Inc. for Navigation Boulevard from Up River Road to Leopard Street (Bond 2012). The contract amendment with LNV, Inc. will provide a fee and task list for Construction Observation Services that was shown in the original contract as To Be Determined. Work under this amendment will include an average of 30 hours per week of periodic construction during the 542 day construction contract time and include various meetings, reports and other deliverables as listed in Amendment No. 1 Exhibit A. K:\ENGINEERING\LEGISTAR\7-JULY 22\NAVIGATION BLVD\AGENDA MEMO-NAVIGATION.DOCX The agreement with Rock Engineering will provide for laboratory testing of construction materials to include soils, base, concrete, hot-mix asphalt and pavement. BACKGROUND AND FINDINGS: This project proposes improvements that consist of continuously reinforced concrete pavement with concrete header curb, driveways, storm water drainage, water distribution, wastewater collection, gas line adjustments, backfill and removal, street lighting conduit, and ADA-complaint pedestrian facilities. Associated improvements such as pavement markings, signage, and traffic control/construction sequencing will also be included, as well as pedestrian poles for the intersections at IH-37 north frontage road, IH-37 south frontage road and signalization at Leopard Street. Additive Alternate #1 consists of installing two-inch diameter PVC pipe electrical conduit for future MIS improvements for the length of the project. Additive Alternate #2 consists of an early project completion in 452 days in lieu of the 542 days allotted in the base bid. Additive Alternate #3 consists of installing a 24-inch diameter wastewater effluent force main for the length of the project including gate valves, air release valve, boring and casings and fittings. Based on the information submitted and upon evaluating the funding and priority need for this project, Additive Alternate #3 is recommended for award in addition to the base bid. On May 20, 2014, the City received proposals from two (2) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Additive Alternate Total #3 Reytec Construction Resources, Inc. $13,083,575.00 $1,396,640.00 $14,480,215.00 Houston, Texas Bay, LTD $17,093,711.05 $1,652,860.00 $18,746,571.05 Corpus Christi, Texas ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's consultant, LNV, Inc., conducted a bid analysis of the two (2) proposals submitted to the City. LNV, Inc. determined that the lowest bidder based on the Total Base Bid and Additive Alternate #3 is Reytec Construction Resources, Inc. of Houston, Texas. 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 K:\ENGINEERING\LEGISTAR\7-JULY 22\NAVIGATION BLVD\AGENDA MEMO-NAVIGATION.DOCX FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Budget 718,400.00 $10,752,500.00 $0.00 $11,470,900.00 Ordinance 0.00 6,519,102.96 0.00 6,519,102.96 Encumbered / 718,400.00 0.00 0.00 718,400.00 Expended Amount This item 0.00 14,812,077.00 14,812,077.00 Future Anticipated Expenditures This 0.00 2,328,381.34 0.00 2,328,381.34 Project BALANCE $0.00 $131,144.62 $0.00 $131,144.62 Fund(s): Comments: Additional funding for this project will come from utility project savings and from three existing Bond 2012 projects that will not be constructed until a later date to the extent funding allows. RECOMMENDATION: City staff recommends that the construction contract be awarded to Reytec Construction Resources, Inc. of Houston, and Texas in the amount of $14,480,215.00 for the Navigation Boulevard from Up River Road to Leopard Street BOND 2012 for the Base Bid and Additive Alternate #3 and to execute Amendment No. 1 with LNV for $269,818.00 and to execute a Construction Materials Testing contract with Rock Engineering for$62,044.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\7-JULY 22\NAVIGATION BLVD\AGENDA MEMO-NAVIGATION.DOCX ORDINANCE AMENDING THE FY 2014 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 029916 BY ADDING CAPITAL RESERVES IN THE AMOUNTS OF $1,425,000 FROM STORM WATER CIP FUND 3494, $65,650 FROM WATER CIP FUND 4088, $60,847 FROM GAS CIP FUND 4551, $1,661,514 FROM WASTEWATER CIP FUND 4249, TRANSFERRING $555,557.73 FROM STREET PROJECT #170371 HOLLY ROAD FROM GREENWOOD TO STATE HIGHWAY 286, $1,174,386.14 FROM STREET PROJECT #E12102 TWIGG FROM SHORELINE TO BROADWAY, $1,575,148.09 FROM STREET PROJECT #E12103 LEOPARD FROM CROSSTOWN TO PALM TO THE BOND 2012 STREET PROJECT NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET; INCREASING EXPENDITURES IN THE AMOUNT OF $3,213,011; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT WITH REYTEC CONSTRUCTION RESOURCES, INC. FROM HOUSTON, TEXAS IN THE AMOUNT OF $14,480,215 FOR NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET FOR THE BASE BID AND ADDITIVE ALTERNATE #3, TO EXECUTE AMENDMENT #1 TO AN ENGINEERING AGREEMENT WITH LNV, INC. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $269,818 FOR A RESTATED FEE OF $1,062,168, FOR NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET FOR CONSTRUCTION OBSERVATION SERVICES, AND TO EXECUTE A CONSTRUCTION MATERIALS TESTING CONTRACT WITH ROCK ENGINEERING OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $62,044 FOR NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET. (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. 02996 is amended to add $1,425,000 in Storm Water Capital Improvement Program Reserves, $65,650 in Water Capital Improvement Program Reserves, $60,847 in Gas Capital Improvement Program Reserves, and $1,661,514 in Wastewater Capital Program Reserves to the Bond 2012 Street Improvement Project Navigation Boulevard from Up River Road to Leopard Street. SECTION 2. Budgeted funds in the amount of $555,557.73 from Project #170371 Holly Road from Greenwood to State Highway 286, $1,174,386.14 from Project #E12102 Twigg from Shoreline to Broadway, and $1,575,148.09 from Project #E12103 Leopard Street from Crosstown to Palm are transferred to the Bond 2012 Street Improvement Project Navigation Boulevard from Up River Road to Leopard Street. SECTION 3. The City Manager or designee is authorized to execute a Construction Contract for the Navigation Boulevard from Up River Road to Leopard Street Bond 2012 project for construction of the Base Bid and Additive Alternate #3 in the amount of $14,480,215 with Reytec Construction Resources of Houston, Texas. SECTION 4. The City Manager or designee is authorized to execute an Amendment to an Engineering Services Contract for the Navigation Boulevard from Up River Road to Leopard Street Bond 2012 project for construction observation services in the amount of $269,818 for a total re-stated fee of $1,062,168 with LNV, Inc. of Corpus Christi, Texas. SECTION 5. The City Manager or designee is authorized to execute a Construction Materials Testing Agreement for the Navigation Boulevard from Up River Road to Leopard Street Bond 2012 project for material testing during construction in the amount of $62,044 with Rock Engineering, Inc. of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Navigation Boulevard from Up River Road to Leopard Street BOND 2012 PROJECT FUNDS AVAILABLE: Bond 2012........................................................................................................ $4,000,000.00 Water CIP................................................................................. 390,000.00 Future Water CIP Request...................................................... 421,400.00 Current Wastewater CIP.............................................................. 330,000.00 Future Wastewater CIP Request................................................... 567,500.00 Current Storm Water CIP............................................................. 1,530,000.00 Future Storm Water CIP Request.................................................. 4,118,000.00 Gas CIP.................................................................................... 37,000.00 Future Gas CIP Request.............................................................. 77,000.00 Total Utilities...................................................................................................... 7,470,900.00 Ordinance................................................................................................ 6,519,102.96 Streets.................................................................................. 3,305,091.96 Strorm Water.......................................................................... 1,425,000.00 Water.................................................................................... 66,650.00 Wastewater............................................................................ 1,661,514.00 Gas...................................................................................... 60,847.00 TOTAL............................................................................................................. $17,990,002.96 FUNDS REQUIRED: Construction (Reytec)..................................................................................... 14,480,215.00 Streets.................................................................................. 4,825,288.50 Storm Water........................................................................... 6,514,341.00 Water.................................................................................... 778,643.50 Wastewater............................................................................ 2,215,698.00 Gas.................................................................................... 146,244.00 Contingencies (10%)........................................................................................... 1,448,021.50 Construction Inspection (LNV).......................................................................... 269,818.00 Land Acquisition (estimate).............................................................................. 225,000.00 Engineer Fees: Engineer(LNV, Inc.)*.......................................................................................... 792,350.00 Engineer(Gurley).............................................................................................. 12,498.75 Geotechnical Study&Testing (Rock Engineering).................................................... 24,000.00 Construction Materials Testing.......................................................................... 62,044.00 Reimbursements: Administration/Finance(Capital Programs/Capital Budget/Finance)........................................ 160,111.03 Engineering Services(Project Mgmt/Constr Mgmt/Construction Inspection)............................. 359,800.06 Misc. (Printing, Advertising, etc.)........................................................................... 25,000.00 TOTAL............................................................................................................ $17,858,858.34 ESTIMATED PROJECT BUDGET BALANCE......................................................... $131,144.62 *Engineering Contract approved by City Council on 1/29/13 by Motion M201312 A Mil ImIll 2� All If 11, R 1 C&- 70%, o""offolow.".,wi ........... PROJECT LOCATION tmm L Wl 1, mXgt 'Awmmv, 110 ojpIgg mg ..........''I'll rp 7, 41, tw //A //mm MINE rg Tp, I V/ ]V, lllll,,��'&'"WA LOCATION MAP NOT TO SCALE PROJECT# E12090 NA VIG-WA% TION BLVD EXHIBIT B CITY OF CORPUS CHRISTI, TEXAS UP RIVER ROAD TO LEOPARD STREET BOND 2012 DEPARTMENT OF CAPITAL PROGRAMS PAGE: I OF I N rl\j (754 v� O O U O O ffl OL-.41� � � 0 m r � cn O cn un A A un U cc Y-q o Vu � . � cy) N w v 76 O .1'/ pf /Q/✓�i/1,���1 � t��li�� /rr � � ���� �1(ly/ �� Jaig o,�✓ iryfi°'�/L"/1 1 , VG' ' � �✓ 1 �r V W A QS 'foal t'/r , �y dz ✓ / � ) O ` � OC a✓ii f! �✓ "a�� �i���`�i� ! w'iw�'���'w'J wr, ri� � o 7 �w /✓ J. p1/91� ii/i/ r !/A 7� � ' � '' JY/�' IQiG ��r*, �/� J'� � �r fWNI�. yid Yd y/d � " Nll '���✓✓���jt 'fJ'� 'G � }�i / �/, ��✓ %�f I)wi�i�ii5�� � Ig^iflJ'//i/%�� r, a � , f��������91��✓/ �� r f 1��i J v1�r�1 r r e�vr!f//r�/i r �� �(��'ka�`��i���iNAb�I�WW�Br�t �1 � C�"`a ,,tir tlrioi/i`'rr l�i�� %✓%ifs%/r � tii! iw ''/all Yr r ' "YI"1�.( ri// � / ✓�� r "'JO, + rlw r r i Iii f r r � )i��✓%i//✓/ii r/iw;,i N ��� ,�� �v��'�'w`�il�'�%/r ��/ i1�%���A r�0/�yJ/(f�/� �' ,r�1 i� r< ), ^�r a^wii/irr✓(�f , ,I ' �� %!�'r' ✓ �f//6 Ni Y v r c� old r r ,rue, d «, oa .,� cl m 4D _ ry — cu o z° O np Q u co r = O a -++ m O CL a m 4 cu v � W o I� uD 16.4 N V tt � v m V cu � � U m Ln cu .. _ v U 0 O •� Z 4-A O CL Wuo co 4-A cu V a � = O . l � I « a J � �r 11 O 0 (o (D O 000 00000 -1 O O o) W O In O O O h 0 0 o M O O (11 N In c0 O O co O o OD V O O O O N O to o) O IT IA O o) O N O co O M o 0 0 d) OD O O d) O O co o) In N o N o w " O h T co o (0 N o) N O IT IA O o In W o o N N h to %V fA � 0 0 0 0 0 0 (0 0 0 0 0 0 0 0 0 0 (IW, 0 0 0 0 0 0 0 0 U) O O O O In O In O O 0 0 0 0 0 0 0 0 O O o h co M co 0 0 0 0 0 0 0 0 0 d) O (D o c0 0 0 0) o N O o 0 o 0 0 0 O 0 0 (0 In c0 N M (0 (0 N N bJO O O h O c0 r, h to to (0 O to o co In O M d) N M O M M h O N (0 (0 (0 N h o M o M In IU r M o (0 c0 In h N O o M : o (0 N- N o o O M N o Z o O G U � Q W oOU U Wo Q W jn c 2 -o J .cl a) . z m d U N F N V Q �UU U J .; 4 ' U Q' a O N : o U '� (6 7 (O 0 d m o a s N o a y o LL N E (6 C C N N (6 C F N N N O N N > N W o (6 U O � LL U o N w 65 w ° U n g ( � E :- m 2 o E a 2 a 2 W o >X65 � 5 � 5 m5 o -° i0i0 � � 0 D oi0c0 � � (� o o � � � � (D 0 W00) �j a m > LL O LL O LL 0 LL ♦- 0 F W O O O -j w w w (7 0 W F w � r CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and LNV, Inc. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for Navigation Boulevard from Up River Road to Leopard Street (Project No. E120901) BOND 2012, as authorized and administratively amended by: Original Contract I January 29, 2013 Motion No. M2013-012 $792,36000 In the Original Contract, Exhibit "A", Section 1, Scope of Services, Part B. Additional Services, Item No. 7. Construction Observation shall be amended as set forth in the attached AMD No. 1 Exhibit "A", In the Original Contract, Exhibit "A", Section 111, Fees, Summary of Fees shall be modified and is attached as AMD No. 1 Exhibit "A"' for a fee not to exceed $269,818.00 (Two Hundred Sixty Nine Thousand Eight Hundred Eighteen Dollars Zero Cents), for a total restated fee not to exceed $1,062,168.00 (One Million Sixty Two Thousand) One Hundred Sixty Eight Dollars and Zero Cents). Monthly invoice will be submitted in accordance with Exhibit "B". All other terms and conditions of the January 291, 2013 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI 1LNV, l 1C ............ Natasha Fudge, P. E. (Date) Dan S. Leyend 0 r P.E. Date)' Acting Director of Capital Programs P,resio 801 Navigation Blvd, Suite 300 Corpus Christi, TX 78408 RE ME, D (361) 883-1984 Office y16 (361) 883-1986 Fax va e -G--ray, P E. Dat6) Dire or of Street Op rations APPROVED AS TO FORM Assistant City Attorney (Date) AMD�. NO. I Page I of 2 KIENGINEER ING OA"T'AEXCHANCEVANGIEMSTREEnEl2OqCi NAVIGATION BLVD-UP RIVER TO LEOPARD BOND tlSSUE22112WAD NO 11AMD I DOC APPROVED Office of Management (Date) and Budget Project No. E12090 Fund Source No. 550950-3549-00000-E12090 Fund Name: Street CIP BOND 2012 Encumbrance No. ATTEST Rebecca Huerta, City Secretary AMD. NO. 1 Pa e2of2 KIENGINEERING DATAEXCHANGEWNGIEMRSTREE RE12090 NAVIGATION BLVD-UP RIVER TO LEOPARD BOND ISSUE 2012XAMD NO 11AMD1.DOC LNV Solationa To n e YtsEon far Tomm orroo w ort&*" I anl+bm 1 Comm ova July 2,2014 Mr. Daniel Biles, P.E. Director of Engineering Services City of Corpus Christi P.O.Box 9277 Corpus Christi,TX 78469-8277 RE: Navigation Boulevard—Up River Rd.to Leopard St. (Bond 2012) City Project No. E12090 Contract Amendment No.1 (REVISED): Construction Observation Services Dear Mr. Biles: LNV is pleased to offer this proposal to amend our Contract for Professional Services for the above referenced project as described below. The fee for providing Construction Observation Services was shown In our original contract To Be Determined(TBD). SCOPE OF SERVICES Provide Construction Observation services during the 542-calendar day construction contract time period for the Base Bid scope of work,as follows: 1. Provide a Protect Representative(PR)to provide periodic construction observation during the construction contract time period. It is anticipated that the PR will expend approximately 30 hours per week on average. 2. Attendance at construction progress meetings with the Contractor. 3. PR to serve as the City's liaison with the Contractor. 4. Keep City advised of important project issues. 5. PH to coordinate with materials testing laboratory. 6. PR to review materials test reports. 7. PR to coordinate with franchise utility companies. 8. PR to coordinate with TxDOT regarding work in IH-37 right-of-way. 9. PR to prepare daily reports of Contractor's activities. 10.Prepare monthly status reports. 11.PR to take photographs as the work progresses and prepare project photo record. 12.Review Contractor's monthly pay estimates prior to submittal to the City. 13.PR to prepare list of items to be corrected prior to final Inspection. 14. PR to participate In TDLR Inspection with the HAS inspector. 15. PR to participate In the final walk-through inspection with the Contractor. i6. PH to observe whether all punchlist items from the final Inspection have been corrected. 17.PR to assist the City in closing out the project. NAVIGAMON BOULEVARD UP RIVER RD.TO LEOPARD ST. AMD.:N10. 1 EXHIB "A"Pa e f 2 Solutions Today wb a LNV Vision for Tomorrow engineers l architect contraciors FEES The lump sum fee for these Construction Observation Services is $269,818. Our manhour breakdown is shown on the attached spreadsheet. We appreciate the opportunity to provide these professional services to the City of Corpus Christi, Sincerely, LNV, Inc. TBPE No.F-366 Dennis L. Miller, P.E., CFM Sr. Project Manager cc: Natasha Fudge, P.E. James Harris, RE. Lynda Sutherland attachment: Manhour Breakdown Spreadsheet NAVIGATION BOULEVARD UP RIVER RD.TO LEOPARD ST. AMD. NO 1 EXHIBIT"A" P,a2e 2,of 2 \° \ \ \ \ e \ \° \° \ \ \ \ � y o 0 0 0 0 0 0 0 0 0 0 0 0 C d ti ti O L) 0 0 0 0 00 LO O M L CL V � m m (a C I C C C O O O O O 00 c) O O O O O Q a QO O 00 w V O LO F- LO LO O C 6F} H O O O O O 0 O O O O Q QO0 O d 0 64 mm R 0 O O O LO LO LO LO •� O 69. 69 64 6f3 i a C 0 00C) 0000 0o000ccI- 0 000.a ° LO 0 ED an C o �� _ � E � a c ti O CO to O O O O V p p O to (o w r M- m O 69 as o) cm O c) a) - co � T" O O N m m m T- M V Z X O C 4a N O N r M 64 !� H O w " m V 0 _ 000000 000C) C) CD 000 Oco 3 ) ) � ) aZz F d .0 z J a C = a x 0 0 0 0 0 c) O O O O Q Q a C) O C U Z ~ ~ V Q *+ r-- GO O CO 0 — 0 0 0 'IT Q Q LO r LO CO U %- e- (o O 6F3 O) O m m 0 0 0 0 i CO O O N M t- CO d ++ LO O NY O 0 0 O O O O N V- LO O 69 N dM4 M V U a) U to N it N O y V (B y a) a) LL U_ N! m CO �, N O {i w O .O N t it C O U a) N L ++ m (4 O a' C O rn (a Q LL O C Q �, co 0 0 E rna o v = E o Q $ E .� m :2 0 CL o � -a � O N � aa)i °� U � = m '�C o m a. QmwL) cn as aof 0u0cn U) an E 0.1 T"B" of1 S011111A td NUMBER '10 BE ASS1�N[- 13Y- NTY"_.._._. r'um"tLASINGr.)r"dtSI N Cite CITY OF CORPUS CHRISTI Corpus DISCLOSURE CAF 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 c tuestiora rntlst be answered. If the question is not ar plieatble, answver with ""'NA". See reverse sire for Filing Requirements. Certifications and definitions, COMPANY NAME: LNV, INC. CORPUS STREET ADDRESS: 801 NAVIGATION,SI.ICTE 300 CITY: C14RISTI ZIP: 78408 FIRM IS: 1. Corporation ?. Partnership 3. Seale Owner [ 4, Association 5, Cttlaer DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa Te or attach separate sheet. I. 'State the names of each ``employee- of the City of Corpus C aristi having an ``ownerships interest'"Constituting 3°./e, or more of the ownership in tlae above named "firm.'' Name Job Title and City Department (if known) get d�'a 3, State the names of each `"official"caf the City of Corpus Christi having an"ownership interest" constituting 347,"0 or more of the ownerships in the above named "firm." Narne l°itle 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 its the above narned "firm." Name Board, Commission or Committee . State the names oC each cmployee or officer of a -consultaant" for the City caf"Cor°paus Christi who worked oil any matter related to the sulaject oaf this contract and has an "ownership interest"Constituting `'pia or more ofthe ownership in the above named "firm.- Name Consultant d FILING REQUIREMENTS 11'a person who requests official action oil a matter knows that tlae requested action will confer an economic benefit orgy any City official or employee that is distinguishable from the effect that the action will have on mentbers of"the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official,empioec or body that has been requested to act in the natter, unless the interest of the City official or employee in the matter is apparent, The disclosure shall also be made in a signed writing riled with the City Secretary. � thics Ordinance Section 2-349(d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that l have not knowingly withheld disclosure of any information requested, and that supplealaental statements wvill be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying):Person. DAN S. LEYEtNDECIsEIt, P.E. Title: PRESIDENT zs°r���aFri,cf SiSignature of°Cca°tafytng II� "� � '',� �.... � eta: Person: DEFINITIONS aa. "Board member." A aneaaabea° of away board,. commission, or committee appointed by tlae City Council of'the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect tan economic interest if it is likely to have an effect oil that interest that is distinguishable from its effect oil members of the public in general or a substantial segment thereof'. c. "Employee." Any person employed by the City of Corpus Christi, Texas either oil 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 wviaether established to produce or deal with as product or service, including but not limited to, entities operated in tfae farm 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 tine City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of'tile City of Corpus Christi,Texas. f. -Ownership Interest." Legal or equitable interest, whether actually or constructively held, in as firm, including when such interest is held, through an agent, trust, holding ate, or holding entity. -Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership aag'reements.", 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. 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: Navigation Boulevard from Up River Road to Leopard Street BOND 2012 (Project No. E12090) ("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 $62,044.00 (Sixty Two Thousand Forty Four 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 LABORATORY C � -7- 7 - 1y Natasha Fudge, P.E. (Date) Curtis A. Rock (Date) Acting Director of Capital Programs Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office REC MEZNE D (361) 883-4711 Fax Val Gray, P. (Dat ) Dire r of Street pe ations KIENGINEERING DATAEXCHANGE%ANGIEMISTREE RE12090 NAVIGATION BLVD-UP RIVER TO LEOPARD BOND ISSUE 20121TESTING%ROCKDOC APPROVED Project No. E12090 Fund Source No. 550920-3549-00000-E12090 Fund Name: Street CIP BOND 2012 Office of Management (Date) Encumbrance No. and Budget APPROVED AS TO FORM Legal Department (Date) ATTEST Rebecca Huerta, City Secretary (Date) K%ENGINEERING DATAEXCHANGE%ANGIEM%STREE RE12090 NAVIGATION BLVD-UP RIVER TO LEOPARD BOND ISSUE 20121TESTING%ROCKDOC GEOTECHNICAL ENGINEERING �� Fs CONSTRUCTION MATERIALS ENGINEERING &TESTING 4eo SOILS•ASPHALT•CONCRETE 9yro9y `�o� May 30, 2014 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78401 Attention: Ms. Natasha Fudge, P.E. —Director of Engineering Services SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED Navigation Boulevard—Up River Road to Leopard Street City Project No.: E12090 Corpus Christi, Texas RETL Proposal Number: P052714D Dear Ms. Fudge, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE 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 $62,044.00. 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, Sandra Kirk Project Estimator ROCK ENGINEERING&TESTING LABORATORY,INC. 6817 LEOPARD STREET•CORPUS CHRISTI,TEXAS,78409 MPage " OFFICE: (361)883-4555•FAX: (361)883-4711 •www.rocktesting.com 2 Date: May 30,2014 Project: Navigation Boulevard-Up River Road to Leopard Street(Bond 2012) Proposal No: P052714D Contact: Ms.Natasha Fudge,P.E.-Director of Engineering Services Client: City of Corpus Christi Test Quantity Test Unit Unit Fee Fee SOILS TESTING Standard Proctor-Trench Backfill(Per Material Source) 1 EA. $215.00 $215.00 Standard Proctor-Subgrade(Per Street) 1 EA. $215.00 $215.00 Densities-Subgrade-Trench Backfill-(Per 200 LF Trench/Lift) 277 EA. $44.00 $12,188.00 Densities-Subgrade(Street)-(Per 310 SY) 101 EA. $44.00 $4,444.00 Densities-Subgrade(Driveways)-(Per 2 Driveways) 27 EA. $44.00 $1,188.00 Densities-Subgrade(Sidewalks)-(Per 5000 SF) 7 EA. $44.00 $308.00 FLEX BASE: Sieve Analysis-(Per 3000 CY) 2 EA. $94.00 $188.00 Atterberg Limits-(Per 3000 CY) 2 EA. $94.00 $188.00 Modified Proctor-(Per 3000 CY) 2 EA. $253.00 $506.00 LA.Abrasion-(Per 3000 CY) 2 EA. $321.00 $642.00 CBR(Standard)-(Per Material Source) 1 EA. $743.00 $743.00 Densities of Compacted Base-(Per 310 SY/Lift) 101 EA. $44.00 $4,444.00 Wet Ball Mill Test-(Per Material Source) 1 EA. $321.00 $321.00 HOT-MIX ASPHALT CONCRETE(HMAC); Asphalt Full Series-(Per 500 Tons or Day) 7 EA. $743.00 $5,201.00 Asphalt Core In-Place Density(Per 1000 LF Street) 2 EA. $99.00 $198.00 CONCRETE: (1 @ 7 days,1 @ 14 dys&3 @ 28 days) Header Curb-(Per 500 LF Curb) 18 Set of 5 $220.00 $3,960.00 Sidewalks&Curb Ramps-(Per 4000 SF) 9 Set of 5 $220.00 $1,980.00 Driveways-(Per 2500 SF) 10 Set of 5 $220.00 $2,200.00 Curb,Post,&Grate Inlets-(Per 6 Each) 6 Set of 5 $220.00 $1,320.00 Box Culverts(Cast-In-Place)-(Per 100 LF) 1 Set of 5 $220.00 $220.00 Storm Sewer Manholes(Cast-In-Place)-(Per 2 Each) 10 Set of 5 $220.00 $2,200.00 RipRap,Aprons&S.E.T.s-(Per 4000 SF) 1 Set of 5 $220.00 $220.00 Manhole Base/Footing-(Per 10 Each) 2 Set of 5 $220.00 $440.00 RIGID PAVEMENT: (1 Q 7 days&3 @ 28 days) Flexural Beam Strength(Includes Slump)-(Per 2500 SY or Day) 12 Set of 4 $232.00 $2,784.00 Air Content-(Per 2500 SY or Day) 12 Set of 4 $15.00 $180.00 CYLINDER PICK-UP FEES Number of Trips 28 EA. $43.00 $1,204.00 MATERIAL SAMPLING FEES 6 EA. $57.00 $342.00 Number of Trips VEHICLE CHARGE PER TRIP 184 EA. $45.00 $8,280.00 Location:Corpus Chrisli,Texas ADMINISTRATION FEE (1 Time Fee Per Project) 1 EA_ $85.00 $85.00 SUBTOTAL $56,404.00 10%CONTINGENCY $5,640.00 GRAND TOTAL $62,044.00 This is only an estimate. Please make a note tht the actual fees Invoiced fro this project will be based on the actual tasting performed. The total fee assessed will be dependent on the contractors construction techniques,number of trips made to the Jobslte,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. 1 of 1 EXHIBIT'W' 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 500,000/500,000/500,000 M"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 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. M"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 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 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB"will not be responsible for the interpretation or use by others of data developed by"LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB"in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractors safety measures in, on, or near THE PROJECT site. EXHIBIT Page 2 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"C" Page 3 of 3 0 0 0 0 0 0 0 0 0 0 0 0 0 f� ti O LO 0 0 0 0 0 0 cn o M V � d E a V ca ca cu ca c I Cl Cl c 0 C:) C 0 000 6,: o, oopot�i 000 0 o ul L m L a >0 C14 � 7 d O 0 0 0 0 00 0� O O O O pm Qm o� 0 0 0 O c+ O LO LO LO LO > > 6c.� 6c). 6c.� 6ck c IL — � ocaO000O Ocfl0000pp00 000 o v o � m � � E >> a = LlJ 00 o to o r O G r O Q Q LA r �! to +r r r cC 0 fA r O! m m CD o 0 0 N r M N M 0000 z d� O di da !A 64). A I U U LLJ N � - �+ N oOOOOO 00000000 000 0 D C� m m Z Z 0 d H 2 .> a � o E Q a 0D000O 0000opo )ool oa. r � � m q V Z .a Q .r r• CO o CO o 0 O — 0 v p p V LO m ° r co O tiH (n rn m m a) o W 0 ` r CO V- T- O O N ch r Mlqt ++ LO o O d7 � r � O G O r.O 619. (V N dM3 m Go U N a) U_ co N � M (n N u- C� c4 0) LL U M t CO .Z to O LL N CD a. vii u°i C .N co t Z O .v O s O m M rn a c a� Q Z LL CD v E rn L o .2 c°a ° c a }, E CO ° O a) ° p o E ° US m apmw0v) 4 0- 3 _= acc 0coU) mmQi— EXHIBIT"D" Page 1 of 1 ''hUPPI tl R Nu a'3V K Q O nL r14�,1G N t7 n'r'CITY ......... PURCHASING 61VIS )N City of "� S CHRISTI CITY Corpus DISCLOSURE F INTEREST Chnsti City of Corpus Christi Ordinance 17112, as amended, requires all persons or £prams seeking to do business with the City to rovide the following infomiatton. Every question must, be It � er d.; Ilftfae-qu stion is not,ta�a cable" auasww�er with "ANA""., See reverse sile for piling Requirements, Certifications and defiamtlons. COMPANY NAME: Rock Engineering& Testing I..aboratoryr,Inc. P.0. BOX: STREET ADDRESS: 68I7 Leopard Street CITE': Corpus Christi ZIP: 78409 FIRM IS: I. Corporation X ?. Partnership 3. Sole Owner 4. Association 5. Other H DISCLOSURE QUESTIONS If additional space is necessary, pleases, use the reverse side of this pa gc or attach separate sheet. I.",State the names of each "'employee"" of' the City of" Corp- C aristl having an -ownership interest'"constituting 3%or more of the ownership in the above named "fdrlm."' a Job 1"itle and City Department(if knowwpn) . estate the marries ofeach "official" of the City of"Corpuus Christi having tan -ownership interest„ constituting 3% or snore of the ownership in the above named "firm." Nan e � Title . State the nanles of each "hoard member" of[lie City of Corpus Christi having an -ownership interest"constituting:I%or more of the ownership in the above named "firaga,," —2 me . Board,Commission or C"ouDanvittge 4. State the marries of each employee or officer of a "coils ultant" for the City of C:ou•puls Christi who worked oil any matter related to the Subject of this contract and has ail "ownership interest"constituting a%or amore ofthe ownership in the above named "firaaa.- Naaame � �r Consultant FILING REQUIREMENTS if persona who requests official action oil as 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 oat members of the public in general or a substantial segment thereof, oil shall disclose that fact in a signed wvritnt���, to the Cityy a 11-cid employee or Brody that has green requested to act in the matter, awnless t9te interest of the City official or employee in tite matter is a pareawt. "I"lte disclosuraa shall also be made in a signed writing filed with the City Secretary. �thics Ordinance Section 2-349(d)j CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will ba: promptly submitted to the City of Corpus Christi,Texas as changes occur, Certifying Persoan. Curtis A. Rock Title: Business Development Manager (Type or Prim) 'Signature of Certifying' ( Date: �� is- DEFINITIONS aa. "Board member." A member of` ally board, corninission, or committee appointed by tfae City Council ofthe City of"Corpus Christi,Texas. b, "Economic benefit". Ali action that is likely to affect an economic interest if it is likely to have all effect oil 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, 1'exas either oat a full or part-time basis, but not as all independent contractor. d. - irm." 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 forani 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 I-leads. and Municipal Cowart Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constrawctively held, in a firm, including when such interest is held through all 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 engincers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. bus 0 �A AGENDA MEMORANDUM „CURPOR 11 a First Reading Ordinance for the City Council Meeting of July 22, 2014 2852 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: June 20, 2014 TO: Ronald L. Olson, City Manager THROUGH: Gustavo Gonzalez, P.E., ACM of Public Works & Utilities FROM: Mark Van Vleck, P.E., Executive Director of Utilities MarkVV @cctexas.com (361) 826-1874 Ordinance to extend Utility Rates CAPTION: Ordinance amending the City Code of Ordinances, Chapter 55, Utilities, to continue the current water, gas, and wastewater utility rates adopted by Ordinance 029917 through September 30, 2014, to coordinate with the extended fiscal year for FY 2013-2014, and changing the annual wastewater winter averaging usage to apply to wastewater service after August 31. PURPOSE: The purpose of the ordinance is to extend the rate through September 30, 2014. BACKGROUND AND FINDINGS: The current water, wastewater, and gas utility rates adopted by Ordinance 029917 are continued through September 30, 2014, to coordinate with the extended fiscal year for FY 2013- 2014; and that Chapter 55 of the City Code of Ordinances is amended to reflect continuation of the current water, wastewater, and gas utility rates through September 30, 2014. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Public Utilities 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: It is recommended to update the ordinance to reflect continuation of the current water, wastewater and gas utility rates. LIST OF SUPPORTING DOCUMENTS: Ordinance to extend Utility Rates Ordinance amending the City Code of Ordinances, Chapter 55, Utilities, to continue the current water, gas, and wastewater utility rates adopted by Ordinance 029917 through September 30, 2014, to coordinate with the extended fiscal year for FY 2013-2014, and changing the annual wastewater winter averaging usage to apply to wastewater service after August 31. Section 1. That the current water, wastewater, and gas utility rates adopted by Ordinance 029917 are continued through September 30, 2014, to coordinate with the extended fiscal year for FY 2013-2014. Section 2. That Chapter 55 of the City Code of Ordinances, Section 55-50 is amended to continue the current water utility rates through September 30, 2014. The amendments to Section 55-50 are shown in redlined text on pages 1 through 14 of the attached Exhibit A. Section 3. That Chapter 55 of the City Code of Ordinances, Section 55-60 and Section 55-61, are amended to continue the current gas utility rates through September 30, 2014. The amendments to Sections 55-60 and 55-61 are shown in redlined text on pages 15 through 24 of the attached Exhibit A. Section 4. That Chapter 55 of the City Code of Ordinances, Section 55-100, is amended to continue the current wastewater utility rates through September 30, 2014. In addition, Section 55-100 is also amended to change the annual wastewater winter averaging usage to apply to wastewater service after August 31. The amendments to Section 55-100 are shown in redlined text on pages 25 through 28 of the attached Exhibit. Section 5. This ordinance takes effect upon date of final City Council approval. Section 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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 1 H II II T iity Code of Ordinances Chapter 55 Willliltii ARTICLE IIIIII„ WATER IRATIES AND IFN I G I Sec.. 55-50.. Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size' Au ust 1, 2013 to (Inches) u �llu ; 2014 Residential 5/8-3/a $ 8.89 Commercial 5/8-3/a 12.83 Residential and Commercial 1 19.25 1'/z 32.09 2 64.16 3 102.65 4 205.32 2 6 320.81 8 and larger 641.61 Large Volume Any size 16,676.00 Temporary construction 1 19.25 1'/z 32.00 2 64.16 2. Outside city limits ("OCL"): Meter Size' August 1, 2013 to (Inches) JLik `L3cL)t a ill u' G , 2014 Residential 5/8-3/a $ 10.67 Commercial 5/8-3/a 15.40 Residential and Commercial 3 1 23.10 1'/z 38.51 2 76.99 3 123.18 4 246.38 6 384.97 8 and larger 769.93 Large Volume Any size 27,825.00 Temporary construction 1 23.09 1'/z 38.51 2 76.99 b. Untreated water customers. August 1, 2013 to 444 4 4 2014 Minimum monthly service charge, water districts/ municipalities with raw water $398.09' supply contracts executed after January 1, 1997 Minimum monthly service charge for public agency for resale untreated water 242.45 without a raw water supply contract executed after January 1, 1997' Minimum monthly service charge, industrial 398.09 Minimum monthly service charge, domestic 13.26 Minimum annual service charge, domestic 132.69 Minimum monthly service charge, agricultural irrigation water service 198.90 Minimum monthly service charge, temporary construction water service 265.20 Minimum monthly service charge, temporary large volume industrial untreated water 1,530.00 customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 'Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1,1997: If the charge based on the volume of water taken in a monthly billing period is less than$237.70,the customer shall be billed$237.70,unless a valid water supply contract between the customer and city that was executed prior to January 1,1997,provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1,2000,provides for a minimum annual payment,the customer shall pay the minimum annual payment under the contract. C. Blended water customers. August 1, 2013 to ,JLA .J Sejp�diI 1,) ; 2014 Any size $27,825.00 (2) Monthly volume charges per 1,000 gallons. 5 a. Residential rate. 1. Inside city limits: August 1, 2013 to 41l . 4,59A : di ll u ; 2014 First 2,000 Gallons Minimum* Next 4,000 Gallons $4.495 Next 4,000 Gallons 5.619 Next 5,000 Gallons 6.462 Next 15,000 Gallons 7.867 Next 20,000 Gallons 9.553 Next 50,000 Gallons 10.395 Over 100,000 Gallons 11.238 'Use the minimum charges in subsection(a)(1). 2. Outside city limits: August 1, 2013 to 'iLAY� � .11 ill g.. � .� 2014 First 2,000 Gallons Minimum* Next 4,000 Gallons $1.949 Next 4,000 Gallons 2.436 6 Next 5,000 Gallons 2.802 Next 15,000 Gallons 3.411 Next 20,000 Gallons 4.142 Next 50,000 Gallons 4.507 Over 100,000 Gallons 4.872 'Use the minimum charges in subsection(a)(1). b. Commercial rate. 1. Inside city limits: August 1, 2013 to JL4y-34; , tl u ill u' JG ; 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $5.662 'Use the minimum charges in subsection(a)(1). 2. Outside cit y limits: August 1, 2013 to Ind u ; 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.854 'Use the minimum charges in subsection(a)(1). C. Golf course and athletic field irrigation water inside city limits. August 1, 2013 to 7 J ( ..3. � ^,Ytenillu ; 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.951 'Use the minimum charges in subsection(a)(1)for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size` August 1, 2013 to (Inches) Lik `L)ept a 11 u' G 2014 First 2,000 Gallons Minimum* Next 15,000 Gallons $ 7.867 Next 20,000 Gallons 9.553 Next 50,000 Gallons 10.395 Over 87,000 Gallons 11.238 2. Outside city limits Meter Size August 1, 2013 to (Inches) Juky �qulla u... 2014 First 2,000 Gallons Minimum* Next 15,000 Gallons $3.411 Next 20,000 Gallons 4.142 8 Next 50,000 Gallons 4.507 Over 87,000 Gallons 4.872 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: August 1, 2013 to altlullu.3 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.008 'Use the minimum charges in subsection(a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: August 1, 2013 to , tl u �Ila aR; 2014. First 2,000 Gallons Minimum* Over 2,000 Gallons $1.628 'Use the minimum charges in subsection(a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: August 1, 2013 to Juk �G a llau. ; 2014 9 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $4.067 'Use the minimum charges in subsection(a)(1). 2. Outside city limits: August 1, 2013 to Jt,1[, �G calla u. ; 2014 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $1.628 'Use the minimum charges in subsection(a)(1). g. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: August 1, 2013 to a a pd calla u ; 2014 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $2.779 'Use the minimum charges in subsection(a)(1). 2. Outside city limits: August 1, 2013 to JLik 4L3c L)q: 2014 First 10,000,000 Gallons Minimum* 10 Each Additional 1,000 Gallons $0.069 'Use the minimum charges in subsection(a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: August 1, 2013 to Ind u ; 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $5.662 'Use the minimum charges in subsection(a)(1). B. Outside city limits: August 1, 2013 to JLAy, -34; , tl u ill u' JG ; 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.854 'Use the minimum charges in subsection(a)(1). 2. Untreated water. A. Inside city limits: August 1, 2013 to 1 a Inticu Il a.�...J , 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA 'Use the minimum charges in subsection(a)(1). 11 B. Outside city limits: August 1, 2013 to JL4y-34; , tl u ill u' JG ; 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA 'Use the minimum charges in subsection(a)(1). i. Agricultural irri ation water outside city limits. August 1, 2013 to Ind a 11 u ' 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA 'Use the minimum charges in subsection(a)(1). j. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. August 1, 2013 to 2014 First acre foot or fraction thereof Minimum* Over acre foot $1,100.00 per acre foot or fraction thereof 12 'Use the minimum charges in subsection(a)(1). (b) Raw water cost adjustment(RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system-wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: (1) Use projected system-wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. (7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. 13 (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve)with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: 14 Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (Ord. dodo. 94 72" 27 IM Ord. No. '1161, 8 8 1973; Ord. dodo. 12208, §§ 1, 2, 8 7 19741 Ord. ado. 14°140, §§ 9 1 25 1978; Ord. No. 9644( §§ d, 2 ...°12 1981; Ord. duo. 16593§ .1 10-14 1" �'811 Ord. ado. '1'7966, §§ 9 7 28 1d 82d Ord. ado. 17 762 §§ d, 2 ..„°, 99&, Ord. duo. 1835 §§ 'd 2 7 24...°'1984; Ord. duo. 1858 §§ 9, 2 '12 4 1984] Ord. No. 204 11, §§ 9, 2� 7 26 1988; Ord. No. 2 9001 § 9, 10-9 9990, Ord. No. Ord. No. 22 832 9, 9 28 99W; Ord. duo. 2287d' § 9, 3...25 99W; Ord. duo. 23706,r § .1 7 204M Ord. duo. 23910, § 9, 9 9`,9...2dddddd, Ord. N . 4 932" § d, 7 25 2000; Ord. No. 24531,1, § la, 7 24 20011 Ord. No. 24M 2 Ord. No. 25386, § 1, 7 22 20dd;:i", Ord. No. 025866, § 1, 7 27 2 026368, y '1, d'..,26 2005; Ord. No. 02690 d, 7 25 2006 Ord. No. 027355,n, § 9, 7 24 20ddd', Ord. No. 0277 81, § '1 d'... 22 2008; Ord. No. 028256, § d, 7 28 2M Ord. ado. 028686, § 9, 7 --2010; Ord. duo. 029158, § 9, 7..,26... 20 10; Ord. No. 029386, § 9, 2 28 20 12 Ord. No. 029584, § 9, 7 31 20 12 Ord. No. 02991 , § 9, 7 30- 15 City Code of Ordinances Chapter 55 Utilities ARTICLE IV. GAS RATES AND CHARGES. Sec.. 55-50. Iefil irn iltilons. The following terms as used in this article shall have the respective meanings ascribed to them: Cycle:A group of gas customers regularly billed together for their separate accounts by the city utilities division. Cycles are numbered from "1" up. Installed total energy:The total energy output at a metered location of all customer- owned or controlled electric-powered generation and gas-fired equipment. Sec.. 55-61. Classification of custor nears and schedulles of crates„ (a) Residential customers. (1) Inside city limits: a. Winter rates from November Cycle 11 through April Cycle 10 . Bate per MCF Monthly Consumption August'1, 2013 i fir , 2014 Meter Charge $1.03 First 1 MCF (minimum bill) 9.70 Next 2 MCF 5.43 Next 3 MCF 3.14 Next 4 MCF 3.05 16 Next 20 MCF 2.96 Next 20 MCF 2.53 All over 50 MCF 2.10 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. b. Summer rates from April Cycle 11 through November Cycle 10 . Bate per MCF Monthly Consumption August'l, 2013 34�ft L C; 2014 Meter Charge $1.03 First 1 MCF (Minimum Bill) 9.70 Next 2 MCF 5.43 Next 3 MCF 3.14 Next 4 MCF 2.36 Next 20 MCF 1.58 Next 20 MCF 1.54 All over 50 MCF 1.40 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). 17 Bate per MCF Monthly Consumption August'1, 2414 Meter Charge $1.28 First 1 MCF (minimum bill) 11.97 Next 2 MCF 6.08 Next 3 MCF 3.52 Next 4 MCF 3.42 Next 20 MCF 3.32 Next 20 MCF 2.83 All over 50 MCF 2.35 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Bate per MCF Monthly Consumption Qusust'1; 2013 , u, 2414 Meter Charge $1.28 First 1 MCF (minimum bill) 11.97 18 Next 2 MCF 6.08 Next 3 MCF 3.52 Next 4 MCF 2.64 Next 20 MCF 1.77 Next 20 MCF 1.72 All over 50 MCF 1.57 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (b) General rate customers(commercial, industrial, and institutional rates): 1 Inside city limits: Date per MCF Monthly Consumption Qusust'1; 2413—JW 44'� t L,jQ, 2014 Meter Charge $12.32 First 1 MCF (minimum bill) 9.93 Next 2 MCF 5.43 Next 3 MCF 5.07 Next 4 MCF 4.98 Next 40 MCF 4.88 19 Next 50 MCF 2.10 Next 100 MCF 1.75 Next 100 MCF 1.54 Next 700 MCF 1.47 Next 1,000 MCF 1.27 Next 13,000 MCF 1.14 All over 15,000 MCF 1.09 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: Bate per MCF Monthly Consumption Qusust'1; 2413—JW 44'� t L,jQ, 2014 Meter Charge $15.40 First 1 MCF (minimum bill) 12.24 Next 2 MCF 6.08 Next 3 MCF 5.68 Next 4 MCF 5.58 20 Next 40 MCF 5.47 Next 50 MCF 2.35 Next 100 MCF 1.96 Next 100 MCF 1.72 Next 700 MCF 1.65 Next 1,000 MCF 1.42 Next 13,000 MCF 1.28 All over 15,000 MCF 1.22 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (c) Seasonal customers (partial year service) rates. (All customers who have requested a cutoff and re-connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the gas department of the city): (1) Inside city limits: Bate per MCF Monthly Consumption August'1, 2414 Meter Charge $ 1.03 First 1 MCF (minimum bill) 16.10 21 Next 2 MCF 14.54 Next 3 MCF 10.72 Next 4 MCF 6.91 Next 30 MCF 2.96 Next 20 MCF 2.53 All over 50 MCF 2.10 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. 2 Outside city limits: Date per MCF Monthly Consumption Qusust'1; 2413—JW 44'� t L,jQ, 2014 Meter Charge $ 1.28 First 1 MCF (minimum bill) 19.34 Next 2 MCF 16.28 Next 3 MCF 12.01 Next 4 MCF 7.74 Next 20 MCF 3.32 22 Next 20 MCF 2.83 All over 50 MCF 2.35 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven (7) summer months that exceeds the five (5) winter months in average use, when inspected and approved by the gas department, who request in writing to be billed in the summer months on the summer incentive gas rate schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): (1) Inside city limits: Bate per MCF' Monthty Consumption August 1, 2013= nillu 3 ; 2014 Meter Charge $12.32 First 1 MCF (minimum bill) 9.93 Next 2 MCF 5.43 Next 3 MCF 5.07 Next 4 MCF 4.40 Next 40 MCF 3.71 Next 150 MCF 1.58 23 Next 100 MCF 1.47 Next 700 MCF 1.27 Next 1,000 MCF 1.14 Next 13,000 MCF 1.09 All over 15,000 MCF 1.04 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: Bate per MCF' Monthly Consumption August 1, 2013— p ;tq 1,& 3 ; 2014 Meter Charge $15.40 First 1 MCF (minimum bill) 12.24 Next 2 MCF 6.08 Next 3 MCF 5.68 Next 4 MCF 4.93 Next 40 MCF 4.16 Next 150 MCF 1.77 24 Next 100 MCF 1.65 Next 700 MCF 1.42 Next 1,000 MCF 1.28 Next 13,000 MCF 1.22 All over 15,000 MCF 1.16 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (e) Purchased gas adjustment. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier(14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. (f) Interruptions. Deliveries of gas to commercial or industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction. (Code .1958, §§,:iii 8 46, 38 4� Ord. No. 852, § 9 8 2..,"196J; Ord. No. 9685, § .1 3 2 5..1970; Ord. No. 9812, 9, 6 24 1970; Ord. No. 9 §2� 8 12 1970; Ord. No. 11614, § y, 8...8 1977 D; Ord. No. 11755, § 9, '10-24... 9973; Ord. No. 1186�, § y, 9 9 "'99741 Ord. No. °'92290, § 9, 8 7 "'99741 Ord. No. 1504 k, § 1, 8 8..997� Ord. No. 15701, §§ 9, , 8 93..9980; Ord. No. 15950' §§ 9, ;: 12 ,���..'9;9 0, Ord. No. '1645 , 9, 8 '12 9;989; Ord. No. 9 :882 § `9, '98--7 9;':8'9; Ord. No. 17155, §§ `9, 2� 47 728 '1982 Ord. No. 99'9 9 §„ 97 2� 47 9;'�8;:i"; Ord. No. 9893� §§ 97 Z 87 7 23..998; Ord. No. 210017 § .1 18--9 9998; Ord. No. 29839'9, § 9 7 21 1 992 Ord. No. : 9898, § 1(d) 12 98 "9993; Ord. No. 23706, § .1 7 284M� Ord. No. 289 32 97 7 25 2000; Ord. . 28531 § .h.-; 7 24 288°9; Ord. No. 24M §87 7 23 2002; 8`rd. No. 25396, § 87 7 22 288,'ik; Ord. No. 0258667 67 7 27 8888; Ord. No. 886368 § ,'l, 7 26 8888; Ord. No. 886900 § 7 25..2006; Ord. No. 0273557 §,"" 7 24 899999'; Ord. No. 027789 § 87 7 22 2008; Ord. No. 028256, §;°" 7 28...89999; Ord. No. 0286887 § 97 7 88--8010; Ord. No. 02991 § ,1", 7 30-2013) 25 Clity Cove of Ordinances Chapter 55 Willliltile ARTICLE IIII„ WASTEWATER RATIES.. Sec.. 55400.. Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: ............................... . . . . . . . . .. Classification August 1, 201 to 47 wl iiTllu , 2014' Inside city limits $ 25.96 One-family minimum monthly charge (first 2,000 gallons) Inside city limits 5.25 One-family per 1,000 gallons over 2,000 Inside city limits 146.71 One-family maximum monthly charge (up to 25,000 gallons) Outside city limits 32.45 One-family minimum monthly charge (first 2,000 gallons) Outside city limits 11.65 One-family per 1,000 gallons over 2,000 Outside city limits 300.40 One-family maximum monthly charge (up to 25,000 gallons) Inside city limits 35.37 Commercial minimum monthly charge (first 2,000 gallons) 26 Inside city limits 3.76 Commercial per 1,000 gallons over 2,000 Outside city limits 44.21 Commercial minimum monthly charge (first 2,000 gallons) Outside city limits 7.53 Commercial per 1,000 gallons over 2,000 (b) The amount of water used to compute the monthly bills to one-family residential customers shall be computed on the basis of the "winter average" or"interim average" that is calculated under this subsection. (1) Definitions. a. Winter averaging wastewater charge period: The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each year. b. Winter average usage: The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. C. Interim average:The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" is recalculated each year based on the total "winter average usage" of all customers subject to winter averaging divided by the number of winter averaging customers, and is be the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area:The geographic region served by the city's wastewater system. (2) Winter average criteria. 27 a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one-family residential customers only. C. The "winter average usage" shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. d. The following method will be used to calculate a customer's "winter average usage": 1. Add the three (3) winter months'water consumption to get total water consumption. 2. Divide three-month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. e. Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customer's wastewater bill for each month until a new winter average usage is established or rates are changed. The adjusted rate that applies to service after J - , i g!'t...:m';?h..1.. will reflect wastewater usage based on the previous "winter averaging wastewater charge period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. 2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their"winter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. (3) Administrative change in rates. 28 a. The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the adjusted rate will produce an amount equal to the budgeted revenues. b. In years in which preliminary winter average data is available to be used in the utility rate model for determining wastewater rates, the adopted wastewater rates will not be subject to an administrative change in rates unless the final winter average data is materially different than preliminary data. A difference of at least two (2) per cent shall be considered material. (c)The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148. ..,7 99741 rd. No. 12656, § 9, 6 25 1975; Ord. No. 138 1, 8 3 19 � rd. No. 15700, 1, 8 9,°e...';1980; Ord. No. 16448, 9, 8 12 1981; Ord. No. 17156, §1, 7 2 1982 rd. No. 1776 76 § 1, 8 3 9983, Ord. No. 18352, § y, 7 24...19841 rd. No. 18940, § 9, 7 23 1985; Ord. No. 1940;: § 1 x'.,29 1980; Ord. No. 204 1 2 ,; 9, 7 26..,9900; Ord. No. 20748, § 9, 0...0 99& Ord. No. 21001 § .1 10--9 9990; Ord. No. 21440, § '9 7 2°1... 9999,x; Ord. No. 2 9662 § 9, 0 20..,9999;°i; Ord. No. 21671, § 9, 6..8 999°i; Ord. No. 21814, § I(e), (f), 9,x...1 ... .199993; Ord. No. 21965, §t 1, 6 14 1994' Ord. � . �',�'74' § 1 y°�1 12 99999�:�1 rd. . 23706, § .�� �7 20 9'99999; Ord. No. 24 9 2; § 1, 7 25 ,x000; rd. N . 24531, § le, 7 24 2009; Ord. No. 24M� §6, / 23 2002,' Ord. . 25396, § 6, '7 22 2003; Ord. No. 025866, §5, 7 27 004; Ord. No. 026368,168, §5, 7 2 2005; Ord. No. 026900, § n, 7 25 20061 rd. No. 027355,n § n, 7 24 20W; Ord. No. 027781,0 9, § ' 7, ,x...2008; Ord. No. 028256, §5, 7 28 2M0 rd. No. 0286990 § 9, 720--20'90; Ord. No. 029160,0 §;° 7 26 201'9; Ord. No. 99.x991� , § 7 30-2013) bus 0 �A AGENDA MEMORANDUM „CURPOR 11 a First Reading for the City Council Meeting of July 22, 2014 2852 Second Reading for the City Council Meeting of July 29, 2014 DATE: June 27, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works & Utilities GustavoGo@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Valerie Gray, P. E., Director of Street Operations valerieg@cctexas.com 826-1875 Elmore Drive and Macleod Drive Convert portions of streets as one way during the school hours, indicated by signs. CAPTION: Ordinance amending Section 53-250(b) of the Code of Ordinances to designate all traffic shall move only in the direction indicated during the school hours, indicated by signs, on Elmore Drive and Macleod Drive. PURPOSE: This ordinance would move traffic one way during school hours in the southbound direction on Elmore Drive, from Leopard to Macleod Drive, and move traffic one way in the westbound direction on Macleod Drive, from Elmore Drive to Westland Drive. BACKGROUND AND FINDINGS: Elmore Drive and Macleod Drive are two-way streets surrounding Oak Park Elementary. The neighborhood is impacted by traffic congestion before and at the end of school hours. At the request of Oak Park Elementary School, City Staff coordinated with CCISDPD and assessed traffic conditions. On five occasions, staff observed traffic conditions and observed traffic congestion. The Transportation Advisory Committee (TAC) approved the recommendation by the City Traffic Engineer to move traffic one way on portions of Elmore Drive and Macleod Drive in the direction and during the times, indicated by signs, on July 16, 2014. ALTERNATIVES: 1. Recommend to approve the ordinance, to convert portions of Elmore Drive and Macleod Drive to one way between the school hours of 7:15 a.m. -8:15 a.m. and 3:45 p.m. -4:45 p.m. (recommended) 2. Do not approve to recommend the ordinance, thereby keeping Elmore Drive and Macleod Drive as two way only. (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to the City Charter requirements to amend the Code of Ordinances. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Project to Date Expenditures Fiscal Year: `13-14 (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 the approval of the ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation Ordinance amending Section 53-250(b) of the Code of Ordinances to designate all traffic shall move only in the direction indicated during the school hours, indicated by signs, on Elmore Drive and Macleod Drive. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53-250 of the City of Corpus Christi Code of Ordinances is amended as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53-250 Schedule I—One-way streets and alleys Section 1. Section 53-250, titled "Schedule I—One way streets and alleys" is amended by adding Elmore Drive and Macleod Drive to Schedule I as shown below: Sec. 53-250. Schedule IV—One way streets and alleys. (b) School areas. In accordance with section 53-103 and when properly signposted, all traffic shall move only in the direction indicated during the school hours indicated by signs on the following streets or portions of streets: Street or Portion of Street Direction of Traffic Elmore Drive, from Leopard Street to Macleod Drive South Macleod Drive, Elmore Drive to Westland Drive West SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53-55 of the Code of Ordinances. ATTEST: 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 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 �/�r�' �+�! VVVVVVVVV V VVVV IIIIIIIIIIIIIIIIIIIIIIIIIIIII � J'� '/ e r fir//�,�///rr f ii 'i i" 1 � '///i��% N.T.S. 4� 3:45 - 4:45 PM ' 0' au. r'r 1 III��IJ 1 i SUBJECT: CONVERT PORTIONS OF ELMORE DRIVE CITY COUNCIL EXHIBIT AND MACLEOD DRIVE TO ONE WAY CITY OF CORPUS CHRISTI DEPARTMENT OF STREET OPERATIONS PAGE 1 OF 1 +rr� i,� 1f1 � •� ch 4-j ' a um > -0 O •,-+ O a--+ V (3) (3) V � � U cz$ O (3) � •� L o .- 4-J (3) O � Q O +, E w > cn 76 O OL U m lJ rry 8 t I r� V M 5 a n� �D G G a'.. x , 0 va C?c W O � 40 �� b 0 a>y14 o� h y4 I k 11 ` AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 22, 2014 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: July 7, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Knight, City Attorney arneyK cctexas.com 361-826-3873 Revising Self-Insurance; Claims Settlement Ordinance CAPTION: Ordinance amending Chapter 17, Section 17-18 Self-Insurance; claims settlement, of the Corpus Christi Code of Ordinances in its entirety; providing for severance; providing for publication; and providing an effective date PURPOSE: The proposed ordinance cleans up the language to reflect current practices and modifies the authority to settle claims. The proposed ordinance would increase the dollar amount the City Manager can settle claims without Council approval from $60,000 to $75,000., Risk Manager/City Attorney without Council approval from $40,000 to $55,000 and Risk Manager or City Attorney without Council approval from $ 20,000 to $35,000. The new ordinance also includes an annual actuarial audit versus every two years as currently required by ordinance. BACKGROUND AND FINDINGS: The self-insurance ordinance has not been updated since 1987. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency Item DEPARTMENTAL CLEARANCES: City Legal and Risk Management 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 supporting changes to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Chapter 17, Section 17-18 Self-Insurance; claims settlement, of the Corpus Christi Code of Ordinances in its entirety; providing for severance; providing for publication; and providing an effective date BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 17, Section 17-18, of the Code of Ordinances, Self-Insurance; claims settlement, is hereby amended in its entirety to read as follows: Sec. 17-18. Self-Insurance; claims settlement. (a) The City self-insurance fund, as funded in the annual budget or by amendments thereto, shall provide coverage for (1) Tort Claims, including but not limited to; property damage, bodily injury, auto liability, public officials liability, liability for loss of money or securities and otherwise general liability claims; (2) Federal Claims, i.e.; employment, use of force, discrimination; (3) Workers' Compensation claims; and (4) Property Insurance. No part of said fund shall be expended for any purposes other than the losses or liabilities of the City; or the losses and liabilities of City officers, employees and agents, where indemnification is required by the ordinance for legal defense of city officers and employees, or by other law, or authorized by the city council; or for administrative expenses associated with the self-insurance fund. (b) The Risk Manager shall cause a professional actuarial audit and report of the self-insurance fund annually to determine funding and budgetary requirements in accordance with prevailing actuarial standards. Additional professional actuarial audits and reports may be conducted as needed to assess solvency. (c) The Risk Manager will administer the self- insurance program; including but not limited to, liability and workers' compensation programs, procurement of insurance policies for the city, loss control initiatives, safety programs and the performance of risk assessments. (d) The City Manager or his or her designee may establish administrative procedures for the settlement and payment of claims. (e) Authority to settle claims brought against the City of Corpus Christi and claims filed by the City of Corpus Christi from the self-insurance fund is expressly delegated to the officials and in the amounts set forth below: General Liability Claims and Administrative matters arising under Texas workers' compensation laws to the extent that they can be legally settled Authorized Official Dollar Amount Risk Manager or City Attorney $0-$357000 Risk Manager/City Attorney (Jointly) $357001-$557000 City Attorney/City Manager (Jointly) $557001-$757000 All settlements in excess of $75,000 shall be approved by the City Council. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance takes effect immediately upon passage. 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 d AGENDA MEMORANDUM oaPOwR,ko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager cristelam cctexasecom (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department marvv cctexasecom (361) 826-1874 Supply Agreement for Non-Shear Flexible Couplings CAPTION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for non-shear flexible couplings in accordance with Bid Invitation No. BI-0147-14 based on lowest local bid for an estimated annual expenditure of $80,291.09, of which $13,381.85 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve- month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. PURPOSE: The couplings are stocked by the Warehouse and used by the Utilities Department to splice and repair existing utility lines located throughout the City. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. OTHER CONSIDERATIONS: The recommended award is based on Section 26 of the Council Policies of the City of Corpus Christi Code of Ordinances. The ordinance provides for local preference when a local bidder is within 5% of a non-local bidder. 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. DEPARTMENTALCLEARANCES: Warehouse, Utilities 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 $2,748,502.00 $66,909.24 $2,815,411.24 Encumbered / Expended Amount $1,930,453.54 $0 $1,930,453.54 This item $13,381.85 $66,909.24 $80,291.09 BALANCE $804,666.61 $0 $804,666.61 Fund(s): Stores Fund Comments: The $13,381.85 financial impact shown above represents two (2) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $66,909.24 for the last ten (10) months of the contract 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: Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0147-14 BUYER: GERALD GOODWIN NON-SHEAR FLEXIBLE COUPLINGS Morrison Supply Co. Ferguson Enterprises Titan Pipe&Supply Helotes,Texas Corpus Christi,Texas Corpus Christi,Texas UNIT EXTENDED UNIT I EXTENDED UNIT I EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1.0 NON-SHEAR FLEXIBLE COUPLINGS for wastewater collection lines 1.1 3"sch 40 pvc x 3"sch 40 pvc pipe 18 each 11.10 199.80 27.45 494.10 12.85 231.30 1.2 4"sch 40 pvc pipe x 4"sch 40 pvc pipe 1020 each 14.10 14,382.00 14.11 14,392.20 16.05 16,371.00 1.3 6"sch 40 pvc pipe x 6"sch 40 pvc pipe 75 each 26.90 2,017.50 26.87 2,015.25 30.58 2,293.50 1.4 8"sch 40 pvc pipe x 8"sch 40 pvc pipe 12 each 39.90 478.80 39.92 479.04 45.40 544.80 1.5 10"sch 40 pvc pipe x 10"sch 40 pvc pipe 10 each 51.80 518.00 51.92 519.20 60.14 601.40 1.6 4"clay pipe x 3"sch 40 pvc pipe 10 each 22.40 224.00 22.43 224.30 25.99 259.90 1.7 4"clay pipe x 4"sch 40 pvc pipe 2100 each 20.70 43,470.00 20.70 43,470.00 23.54 49,434.00 1.8 6"clay pipe x 6"sch 40 pvc pipe 350 each 35.00 12,250.00 35.10 12,285.00 39.91 13,968.50 1.9 8"clay pipe x 8"sch 40 pvc pipe 130 each 39.90 5,187.00 40.00 5,200.00 45.40 5,902.00 1.10 10"clay pipe x 10"sch 40 pvc pipe 12 each 51.80 621.60 51.95 623.40 60.14 721.68 1.11 6"clay x 6"clay pipe 10 each 26.90 269.00 26.90 269.00 31.14 311.40 1.12 8"clay x 8"clay pipe 8 each 39.90 319.20 39.95 319.60 46.23 369.84 Total: $ 79,936.90 $80,291.09 $ 91,009.32 Percent local bid is above low bid: 0.44% d AGENDA MEMORANDUM oaPOwR,ko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager cristelam cctexasecom (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department marvv cctexasecom (361) 826-1874 Supply Agreement for Meter Box Lids CAPTION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for meter box lids in accordance with Bid Invitation No. BI-0154-14 based on lowest responsible bid for an estimated annual expenditure of $52,397.50, of which $17,465.83 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. PURPOSE: The meter box lids are used to properly cover and protect meters from damage and tampering. The meter box lids also serve as a point of installation for the meter transmission units (MTU's). BACKGROUND AND FINDINGS: None. 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. DEPARTMENTALCLEARANCES: Utilities 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 $1,321,000.00 $34,931.67 $1,355,931.67 Encumbered / Expended Amount $838,604.77 $0 $838,604.77 This item $17,465.83 $34,931.67 $52,397.50 BALANCE $464,929.40 $0 $464,929.40 Fund(s): Gas Fund Comments: The $17,465.83 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $34,931.67 for the last eight (8) months of the contract 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: Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0154-14 BUYER: GERALD GOODWIN METER BOX LIDS Ferguson Enterprises Morrison Supply Co. CPR Services&Supplies,Inc. Corpus Christi,Texas Helotes,Texas New Caney,Texas UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION CITY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 10x14 meter box lid 2200 each $ 10.29 $ 22,638.00 $ 10.67 $ 23,474.00 $ 11.16 $ 24,552.00 2 10x16 meter box lid 600 each 18.84 11,304.00 19.40 11,640.00 20.28 12,168.00 3 12x18 meter box lid 250 each 39.95 9,987.50 41.43 10,357.50 43.32 10,830.00 4 15x25 meter box lid 100 each 74.49 7,449.00 77.04 7,704.00 80.55 8,055.00 5 11"round meter box lid 100 each 10.19 1,019.00 9.75 975.00 10.14 1,014.00 Total: $ 52,397.50 $ 54,150.50 $ 56,619.00 d AGENDA MEMORANDUM oaPOwR,ko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager cristelam cctexasecom (361) 826-3169 Floyd Simpson, Chief of Police floods cctexasecom 886-2603 Service Agreement for Custodial Services for Outlying Police Buildings CAPTION: Motion approving a service agreement with Martin's Janitorial Service, Corpus Christi, Texas for Custodial Services for Outlying Police Buildings in accordance with Bid Invitation No. BI-0176-14, based on only bid for an estimated annual expenditure of $100,644.00, of which $25,161.00 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2013-2014. PURPOSE: This service agreement will provide custodial services for nine (9) Police Department facilities. BACKGROUND AND FINDINGS: The Police Department did not recommend extending the contract with the previous service provider, so the services were re-procured. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Police 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 $253,312.23 $75,483.00 $328,795.23 Encumbered / Expended Amount $228,151.23 $0 $228,151.23 This item $25,161.00 $75,483.00 1 $100,644.00 BALANCE $0 $0 $0 Fund(s): General, Maintenance Service Comments: The $25,161.00 financial impact shown above represents three (3) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $75,483.00 for the last nine (9) months of the contract 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: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0176-14 BUYER: GERALD GOODWIN CUSTODIAL SERVICES FOR OUTLYING POLICE BUILDINGS Martin's Janitorial Service Corpus Christi, Texas Unit Extended ITEM DESCRIPTION QTY UNIT Price Price 1 Training Center- 4510 Corona Dr. 12 Mo. $1,100.00 $13,200.00 2 Vehicle Impound - 5485 Greenwood Dr. 12 Mo. 1,000.00 12,000.00 3 Callallen Substation - 1925 Tuloso Rd. 12 Mo. 927.00 11,124.00 4 Flour Bluff Substation - 1456 Waldron Rd. 12 Mo. 700.00 8,400.00 5 Taxi & Parking Control - 514 Sam Rankin St. 12 Mo. 300.00 3,600.00 6 Saratoga Substation -2330 Saratoga Blvd. 12 Mo. 1,080.00 12,960.00 7 Organized Crime - 805 Comanche St. 12 Mo. 900.00 10,800.00 8 Professional Standards- 5805 Williams Dr. 12 Mo. 800.00 9,600.00 9 Animal Care -2626 Holly Rd. 12 Mo. 1,580.00 18,960.00 Total: $100,644.00 CUSTODIAL SERVICES FOR OUTLYING POLICE BUILDINGS Service Agreement No. THIS Custodial Services for Outlying Police Buildings (this "Agreement") is entered into by and between Martin's Janitorial Service (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Custodial Services for Outlying Police Buildings in response to Bid Invitation No. BI-0176-14 in accordance with Specification 1067 dated 4/29/14 including Additional Instructions to Bidders, which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Custodial Services for Outlying Police Buildings in accordance with Bid Invitation No. BI-0176-14 (which includes Specification 1067 dated 4/29/14 including Additional Instructions to Bidders (Exhibit A). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve-month periods subject to the approval of the Contractor and the City Manager, or designee. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Police Maintenance and Operations Superintendent. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30`), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0176-14 (which includes Specification 1067 dated 4/29/14 and Additional Instructions to Bidders), or the Contractor's bid offer to Bid Invitation No. BI- 0176-14 (Exhibit B)waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI-0176-14 (which includes Specification 1067 dated 4/29/14 and Additional Instructions to Bidders). Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety(90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Police Maintenance and Operations Superintendent P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax No.: (361) 886-2611 IF TO CONTRACTOR: Contractor Martin's Janitorial Service Contact Janie B. Klein Address: PO Box 271759 City, State, Corpus Christi TX 78427 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES,PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT 'WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNNUXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of ......................... Contractor Martin's Janitorial_Service _. Janie B. Klein Title- Owner CITY OF CORPUS CHRIST[ ("CITY") ��i'stela...._ t,e"l_a"M,__o_r_a_1es.......................... ............ -Date Procurement Manager Incorporated by Reference: Exhibit A: Bid Invitation No. BI-0176-14, including Specification 1067 and Additional Instructions to Bidders (Available upon request) Exhibit B: Bidder's Bid (Available upon request) AGENDA MEMORANDUM oaPOwRko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager cristelam cctexasecom (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv cctexasecom (361) 826-1874 Purchase of Spare Patterson Pump Rotating Assembly CAPTION: Motion approving the purchase of one (1) spare Patterson pump rotating assembly from The Scruggs Co., Houston, Texas based on sole source for a total amount of $65,290.00. Funds have been budgeted by the Utilities Department in FY 2013-2014. PURPOSE: The pump rotating assembly will be used as a spare for the Bloomington Pump Station. BACKGROUND AND FINDINGS: In order for the Bloomington Pump Station to be online, all pumps must be used simultaneously. If one pump incurs impeller damage a replacement part would not be available for weeks, thus making the station inoperable during that time. Having a spare rotating assembly on hand would make the repair of the pump complete within two days and the station back online. With the start of the Mary Rhodes Pipeline Phase 2 project the acquisition of the spare rotating assembly becomes necessary since the Bloomington Pump Station will be utilized more often in order to receive water from the Colorado River. 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: Utilities 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 $65,290.00 $0 $65,290.00 Encumbered / Expended Amount $0 $0 $0 This item $65,290.00 $0 $65,290.00 BALANCE $0 $0 Fund(s): Water 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 SOLE SOURCE BUYER - GERALD GOODWIN PUMP ROTATING ASSEMBLY The Scruggs Co. Houston, TX UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 1 Rotor assembly for C009186 including 1 Each $65,290.00 $65,290.00 freight. TOTAL: $65,290.00 se AGENDA MEMORANDUM Future Item for the City Council Meeting of July 22, 2014 Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary reecca cctexasecom (361) 826-3105 Christela Morales, Procurement Manager cristelam cctexasecom (361) 826-3169 Preservation of Historical Documents CAPTION: Motion approving the purchase of historical document preservation services from Kofile Preservation, Inc., Dallas, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $147,545.73, of which approximately $41,724.64 is required for the remainder of FY 2013-2014. Funds have been budgeted by the Office of the City Secretary in FY 2014-2015 and will be requested in future fiscal years. PURPOSE: Preservation services will provide for the conservation, treatment, stabilization, preventative care, microfilming and digitization of the City's original records. Each original volume will then be fitted into a Disaster Safe BinderT" BACKGROUND AND FINDINGS: As part of its duties, the Office of the City Secretary is responsible for maintaining and safeguarding the official permanent records of the City of Corpus Christi. A recent assessment of the City's original records, dating back to its founding in 1852, has revealed their condition requires the preservation measures 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 State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Office of the City Secretary FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures Current 2014 (CIP only) Year Future Years TOTALS Line Item Budget $384,281.17 $105,821.09 $490,102.26 Encumbered / Expended Amount $272,933.18 $0 $272,933.18 This item $41,724.64 $105,821.09 $147,545.73 BALANCE $69,623.35 $0 $69,623.35 Fund(s): General, Office of the City Secretary Comments: The $41,724.64 financial impact shown above represents expenditures that will be encumbered through the end of FY2013-2014. The remaining $105,821.09 required for the remainder of this multi-year project will be requested during the normal budget approval process in future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TXMAS CONTRACT NO.: 13-36010 PRESERVATION OF HISTORICAL DOCUMENTS Kofile Preservation, Inc. Dallas, TX UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE 1 Preservation of the City's Permanent 1 Lot $130,625.00 Original Historical Records dating to 1852 2 Required Paper Conservation 1 Lot $16,920.73 3 Digitization of Images 1 Lot $0.00 TOTAL: $ 147,545.73 PRESERVATION OF HISTORICAL DOCUMENTS SERVICE AGREEMENT Service Agreement No. THIS Preservation of Historical Douments Service Agreement (this "Agreement") is entered into by and between Kofile Preservation, Inc. (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Preservation of Historical Documents; WHEREAS the City has determined Contractor to be a Texas Multiple Award Schedule (TXMAS) Contractor; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Preservation of Historical Documents in accordance with Kofile Preservation, Inc.'s TXMAS Contract Number 13-36010 Quote dated June 10, 2014, for a Grand Total amount of$147,545.73 ("Exhibit A"). Exhibit A is attached to this Agreement, the terms of which are incorporated by reference as if set out herein in their entirety. 2. Term. This Agreement is for four years, commencing on the date signed by the last signatory hereto and continuing for four years thereafter. The term includes an option to extend for up to two additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the City Secretary or her designee ("City Secretary'). 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator. The types of insurance and coverage limits required under this Agreement are as shown in Exhibit B, which exhibit is attached to the Agreement, and the terms of which are incorporated by reference as if set out herein in their entirety. Additionally, the Certificate must state that the City Secretary will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. 6. Catastrophic Loss. For the purposes of this Agreement, in the event of partial or full destruction or the loss of one or more of the City's documents, caused either directly or indirectly by the Contractor while in the possession of the Contractor, Contractor agrees to pay the City, as liquidated damages and not as a penalty, an amount which is two (2) times the price of restoration on a title-by- records series basis per destroyed or lost book as such individual restoration price per title is shown in Exhibit A. If an event or events of destruction or loss should occur during the term of this Agreement, the Contractor further agrees to immediately notify the Contract Administrator regarding the event and to remit to the City, within 30 days, the total value amount per book destroyed or lost. This provision is deemed to be in addition to, and not in lieu of, any claim or recovery that may be made by the Contractor or the City pursuant to any applicable insurance policy. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the City Secretary. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the requirement to obtain and maintain insurance of the types and coverages specified in Exhibit B, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing by the parties hereto and signed by the parties. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified herein. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon ninety (90) days' written notice to the Contractor. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. 15. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 16. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 17. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Kofile Preservation, Inc. Contact Michael Cobb Address: 6300 Cedar Springs Road City, State, Dallas TX 75235 - 18. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 19. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 1hd day of it 20 , Contractor Kofile Preservation, Inc. J Woolf Title: CFO CITY OF CORPUS CHRISTI ("CITY") Ronald L. Olson Date City Manager ATTEST THIS DAY OF , 20 REBECCA HUERTA CITY SECRETARY Incorporated by Reference for All Purposes: Exhibit A: Kofile Preservation, Inc.'s TXMAS Contract Number 13-36010 Quote, Dated June 10, 2014 Exhibit B: Insurance Requirements L.- EXHIBIT A AVAILABLE UPON REQUEST EXHIBIT B INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/Aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form 2. Premises— Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Underground Hazard (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Commercial Policy 1. Owned 2. Hired &Non-owned 3. Leased and Rented ALL RISK CARGO INSURANCE $750,000 Per Occurrence PROFFESSIONAL LIABILITY $1,000,000 Per Claim BAILEE'S CUSTOMERS' GOODS COVERAGE/ While Documents are in Contractor's Care, Custody and INLAND MARINE VALUABLE PAPERS Control. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 11. ADDITIONAL REQUIREMENTS A. Contractor 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. If workers'compensation coverage is not written in Texas, Contractor will provide an "All Other States Endorsement" for workers' compensation coverage. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2014 insurance requirements City Secretary's Office Preservation of Historical Documents 6/27/2014 ds Risk Management d AGENDA MEMORANDUM oaPOwRko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: June 20, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flov s cctexas.com 886-2603 Execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #4 as a participant. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #4 as a participant. PURPOSE: The existing interlocal agreement must be modified to include the Nueces County Emergency Services District#4 (ESD#4) who wants to use the public safety radio system. BACKGROUND AND FINDINGS: The Nueces County ESD#4 (Bluntzer) has requested to use the radio system which is jointly owned by the City, RTA, and Nueces County. They will purchase equipment through the contracted vendor which are compatible with the radio system, they will pay all maintenance and user fees for each radio, they will provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD#4, maintain and provide an updated list of all radios they use, and pay the proportionate share of maintenance and insurance costs for the backbone of the radio system. ESD#4 will pay the City: 1. A one-time startup fee of$562 per radio 2. System annual service fees of$124.08 per radio per year beginning the second year of service 3. System monthly maintenance fees of$14.99 per control unit, $5.63 per mobile unit, and $5.63 per portable unit. The amount of funding is not available as the number of radios to be purchased is not yet known. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): General Comments: The amount of funding is not available as the number of radios to be purchased is not yet known. RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal cooperation agreement Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications'System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District#4 as a participant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Radio Communications System Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District#4 as a participant. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 2 of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Interlocal Cooperation Agreement between the City of Corpus Christi, Regional Transportation Authority, County of Nueces, and Nueces County Emergency Services District#4 For Radio Communications System (Third Amendment to the Radio Communications System Interlocal Agreement) This Interlocal Cooperation Agreement ("Agreement")is made by and between the City of Corpus Christi, Texas ("City"), a Texas home-rule municipal corporation, Regional Transportation Authority ("RTA"), a metropolitan transit authority under Article 1118x, V.A.T.S., the County of Nueces ("County"), a political subdivision of the State of Texas, and the Nueces County Emergency Services District#4 (Nueces County ESD #4), a political subdivision of the State of Texas, each acting herein by and through its duly authorized official, effective for all purposes upon the execution by all parties. WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the "Radio Communications System Interlocal Agreement"), providing for the development and operation of an advanced 800 MHz public safety trunked radio system ("Radio System"); and WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994 (the "Radio System Participation Agreement"), being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the City, RTA, and County entered into a Second Amendment to the Radio Communications System Interlocal Agreement with the City of Driscoll solely to allow their participation in the Radio Communications System; WHEREAS, the City, RTA, and County have entered into Memorandums of Agreement with the Naval Air Station, and Port Industries Corpus Christi/Port of Corpus Christi Authority allowing for their participation in the Radio Communications System; WHEREAS, the Nueces County Emergency Services District#4, a Texas Emergency Services District located within Nueces County, desires to use the Radio System developed by City and RTA and being utilized by City, RTA, County, and others; and WHEREAS, the parties desire to allow the Nueces County Emergency Services District #4 to participate in the Radio Communications System Interlocal Agreement, the original 1991 radio communications system agreement allowing for participation by other public entities. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORATION AUTHORITY, THE COUNTY OF NUECES AND THE NUECES COUNTY EMERGENCY SERVICES DISTRICT#4 ("Parties"): ARTICLE 1: RIGHTS, DUTIES AND RESPONSIBILITIES OF CITY, RTA, AND COUNTY 1. Operate an 800 MHz public safety trunked radio system ("Radio System"). 2. Provide maintenance and support to the Radio System. 3. Provide radio and equipment specifications to Nueces County ESD #4. 4. Provide or assign a Call Group on the Radio System for Nueces County ESD #4 if needed. ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILIITIES OF NUECES COUNTY ESD #4 1. Purchase or lease radios and equipment through the vendor contracted by City, RTA, and County which are compatible with the Radio System and conform to the specifications provided by City, RTA, and County. 2. Pay the maintenance and user fees to the City, RTA, and County for each radio that is added or supported by the Radio System. 3. Provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD #4. 4. Maintain and provide City, RTA, and County with a current and an updated list of all radios that Nueces County ESD #4 uses and are supported by the Radio System. 5. Pay proportionate share of maintenance and insurance costs for the backbone of the Radio System. ARTICLE 3: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1)year and automatically renew annually without further action of the parties. The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City, unless otherwise prohibited by law. This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other three parties. ARTICLE 4: PAYMENT AND CURRENT REVENUE A. Payment shall be made by Nueces County ESD #4 within thirty (30) days from receipt of the City, RTA, and County's request for expenses incurred in the performance of this Agreement. Any payment made by Nueces County ESD #4 for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Nueces County ESD #4 as required by the Texas Interlocal Cooperation Act. B. Fees for system participation and maintenance to be paid by Nueces County ESD #4 are as follows: A one-time start up fee of$562 per radio System annual service fees: $124.08 per radio per year(beginning the second year of service) System monthly maintenance fees: (Number of Units x Rate per Unit) Control Units: Units x $14.99 Mobile Units: Units x $5.63 Portable Units: Units x $5.63 "Control units" include land-based radios in offices; "mobile units" include radios in vehicles; and "portable units" include radios carried on the officer. "Year," as used in this article, means the period beginning on the final execution date of this Agreement and concluding 365 days later. C. Within 10 days of the final execution date of this Agreement, Nueces County ESD #4 shall determine the number of radios and total count of units to be added to the Radio System and notify the City, RTA, and County of same. Once the radios and units are active in the Radio System, the one-time start up fees for radios placed into service and the initial month's unit maintenance fees will be billed to Nueces County ESD #4. At the beginning of each remaining month this Agreement is in force, Nueces County ESD #4 shall be invoiced for the previous month's monthly maintenance fees. Payment of the annual service fees is due, in advance, beginning on the first anniversary of the final execution date of this Agreement and on every yearly anniversary date thereafter. Nueces County ESD #4 may, but is not required to, pay the monthly maintenance fees in advance for any period of time up to 12 months or the annual anniversary date of the execution of this Agreement, whichever period occurs first in time. D. In the event of an early termination of this Agreement, any unearned funds paid to the City, RTA, and County by Nueces County ESD #4 will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Nueces County ESD #4 along with the remittance payment. ARTICLE 5: LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 6: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 7: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below, unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S. mail, postage prepaid, certified, return receipt requested. CITY: Ronald Olson, City Manager 1201 Leopard Street Corpus Christi, TX 78401 with a copy to: Floyd Simpson, Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 RTA: Scott Neeley, Chief Executive Officer Regional Transportation Authority 5658 Bear Lane Corpus Christi, TX 78405 COUNTY: Loyd Neal, County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 Nueces Co. ESD #4: Board President Geoff Attwood PO BOX 260176 Corpus Christi TX 78426 ARTICLE 8: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas, and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 9: ENTIRE AGREEMENT AND WRITTEN AMENDMENT This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the party. ARTICLE 10: ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. This Agreement does not create any personal liability on the part of any officer or agent of the City, RTA, County or Nueces County ESD #4 or any of their respective officers, agents, or employees. ARTICLE 11: NON-WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. ARTICLE 12: NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 13: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 14: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. ARTICLE 15: CONTINUATION OF PROVISIONS This Agreement amends the existing Radio Communications System Interlocal Agreement and the Radio System Participation Agreement(which is the first amendment to the Radio Communications System Interlocal Agreement) to the extent necessary to allow the Nueces County ESD #4 to participate and use the Radio Communications System. All other provisions of the Radio Communications System Interlocal Agreement and Radio System Participation Agreement that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument, by express intention of the parties. EXECUTED in quadruplicate to be effective as of the last execution date set forth below: City of Corpus Christi: ATTEST: Approved as to form: Ronald L. Olson Rebecca Huerta Barney Knight City Manager City Secretary City Attorney Date: Date: Date: Regional Transportation Authority: Scott Neeley Chief Executive Officers Date: County of Nueces: ATTEST: Approved as to form: Samuel Loyd Neal Diana T. Barrera Laura Garza Jimenez County Judge County Clerk Nueces County Attorney Date: Date: Date: Nueces County ESD #4: ATTEST: Approved as to form: Geoff Atwood Board President Date: Date: Date: d AGENDA MEMORANDUM oaPOwRko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: June 20, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flov s cctexas.com 886-2603 Execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District #5 as a participant. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District #5 as a participant. PURPOSE: The existing interlocal agreement must be modified to include the Nueces Jim Wells County Emergency Services District#5 (ESD#5) who wants to use the public safety radio system. BACKGROUND AND FINDINGS: The Nueces Jim Wells County ESD#5 (Agua Dulce) has requested to use the radio system which is jointly owned by the City, RTA, and Nueces County. They will purchase equipment through the contracted vendor which are compatible with the radio system, they will pay all maintenance and user fees for each radio, they will provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD#5, maintain and provide an updated list of all radios they use, and pay the proportionate share of maintenance and insurance costs for the backbone of the radio system. ESD#5 will pay the City: 1. A one-time startup fee of$562 per radio 2. System annual service fees of$124.08 per radio per year beginning the second year of service 3. System monthly maintenance fees of$14.99 per control unit, $5.63 per mobile unit, and $5.63 per portable unit. ESD#5 will be purchasing 6 portable radios at a startup cost of$3,372. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $3,372 $3,372 BALANCE $3,372 $3,372 Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal cooperation agreement Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District#5 as a participant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Radio Communications System Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District#5 as a participant. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 2 of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Interlocal Cooperation Agreement between the City of Corpus Christi, Regional Transportation Authority, County of Nueces, and Nueces Jim Wells County Emergency Services District#5 For Radio Communications System (Fourth Amendment to the Radio Communications System Interlocal Agreement) This Interlocal Cooperation Agreement ("Agreement") is made by and between the City of Corpus Christi,Texas("City"), a Texas home-rule municipal corporation,Regional Transportation Authority("RTA"), a metropolitan transit authority under Article 1118x, V.A.T.S., the County of Nueces ("County"), a political subdivision of the State of Texas, and the Nueces Jim Wells County Emergency Services District#5 (Nueces Jim Wells County ESD#5), a political subdivision of the State of Texas, each acting herein by and through its duly authorized official, effective for all purposes upon the execution by all parties. WHEREAS, the City and RTA are parties to an InterlocaI Cooperation Agreement dated September 23, 1991 (the"Radio Communications System Interlocal Agreement"),providing for the development and operation of an advanced 800 MHz public safety trunked radio system ("Radio System"); and WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994(the"Radio System Participation Agreement"),being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the City,RTA, and County entered into a Second Amendment to the Radio Communications System Interlocal Agreement with the City of Driscoll and a Third Amendment with the Nueces Jim Wells County Emergency Services District#4 solely to allow their participation in the Radio Communications System; WHEREAS, the City, RTA, and County have entered into Memorandums of Agreement with the Naval Air Station, and Port Industries Corpus Christi/Port of Corpus Christi Authority allowing for their participation in the Radio Communications System; WHEREAS, the Nueces Jim Wells County Emergency Services District#5, a Texas Emergency Services District located within Nueces County, desires to use the Radio System developed by City and RTA and being utilized by City,RTA, County, and others; and WHEREAS, the parties desire to allow the Nueces Jim Wells County Emergency Services District#5 to participate in the Radio Communications System Interlocal Agreement, the original 1991 radio communications system agreement allowing for participation by other public entities. NOW,THEREFORE,BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORATION AUTHORITY,THE COUNTY OF NUECES AND THE NUECES JIM WELLS COUNTY EMERGENCY SERVICES DISTRICT#5 ("Parties"): ARTICLE 1: RIGHTS, DUTIES AND RESPONSIBILITIES OF CITY, RTA,AND COUNTY 1. Operate an 800 MHz public safety trunked radio system ("Radio System"). 2. Provide maintenance and support to the Radio System. 3. Provide radio and equipment specifications to Nueces Jim Wells County ESD#5. 4. Provide or assign a Call Group on the Radio System for Nueces Jim Wells County ESD#5 if needed. ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILIITIES OF NUECES JIM WELLS COUNTY ESD#5 1. Purchase or lease radios and equipment through the vendor contracted by City, RTA, and County which are compatible with the Radio System and conform to the specifications provided by City, RTA, and County. 2. Pay the maintenance and user fees to the City, RTA, and County for each radio that is added or supported by the Radio System. 3. Provide hardware maintenance and technical support for radios and equipment owned by Nueces Jim Wells County ESD#5. 4. Maintain and provide City,RTA, and County with a current and an updated list of all radios that Nueces Jim Wells County ESD#5 uses and are supported by the Radio System. 5. Pay proportionate share of maintenance and insurance costs for the backbone of the Radio System. ARTICLE 3: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year and automatically renew annually without further action of the parties. The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City,unless otherwise prohibited by law. This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other three parties. .ARTICLE 4: PAYMENT AND CURRENT REVENUE A. Payment shall be made by Nueces Jim Wells County ESD#5 within thirty(30) days from receipt of the City,RTA, and County's request for expenses incurred in the performance of this Agreement. Any payment made by Nueces Jim Wells County ESD#5 for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Nueces Jim Wells County ESD#5 as required by the Texas Interlocal Cooperation Act. B. Fees for system participation and maintenance to be paid by Nueces Jim Wells County ESD #5 are as follows: A one-time start up fee of$562 per radio System annual service fees: $124.08 per radio per year(beginning the second year of service) System monthly maintenance fees: (Number of Units x Rate per Unit) Control Units: Units x$14.99 Mobile Units: Units x$5.63 Portable Units: Units x $5.63 "Control units"include land-based radios in offices; "mobile units"include radios in vehicles; and"portable units"include radios carried on the officer. "Year," as used in this article,means the period beginning on the final execution date of this Agreement and concluding 365 days later. C. Within 10 days of the final execution date of this Agreement,Nueces Jim Wells County ESD #5 shall determine the number of radios and total count of units to be added to the Radio System and notify the City,RTA, and County of same. Once the radios and units are active in the Radio System, the one-time start up fees.for radios placed into service and the initial month's unit maintenance fees will be billed to Nueces Jim Wells County ESD#5. At the beginning of each remaining month this Agreement is in force,Nueces Jim Wells County ESD#5 shall be invoiced for the previous month's monthly maintenance fees. Payment of the annual service fees is due, in advance, beginning on the first anniversary of the final execution date of this Agreement and on every yearly anniversary date thereafter. Nueces Jim Wells County ESD#5 may,but is not required to,pay the monthly maintenance fees in advance for any period of time up to 12 months or the annual anniversary date of the execution of this Agreement,whichever period occurs first in time. D. In the event of an early termination of this Agreement, any unearned funds paid to the City, RTA, and County by Nueces Jim Wells County ESD#5 will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Nueces Jim Wells County ESD#5 along with the remittance payment. ARTICLE 5: LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 6: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 7: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below,unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S.mail, postage prepaid, certified, return receipt requested. CITY: Ronald Olson, City Manager 1201 Leopard Street Corpus Christi,TX 78401 with a copy to: Floyd Simpson, Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 RTA: Scott Neeley, Chief Executive Officer ..Regional Transportation Authority 5658 Bear Lane Corpus Christi,TX 78405 COUNTY: Loyd Neal, County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 Nueces Jim Wells Co. ESD#5: Board President Jay Behrens PO BOX 398 Agua Dulce,TX 78330 ARTICLES: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County,Texas, and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 9: ENTIRE AGREEMENT AND WRITTEN AMENDMENT This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement,without the express action of the governing body of the party. ARTICLE 10: ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. This Agreement does not create any personal liability on the part of any officer or agent of the City,RTA, County or Nueces Jim Wells County ESD#5 or any of their respective officers, agents, or employees. ARTICLE 11: NON-WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. ARTICLE 12: NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself,its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 13: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 14: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. ARTICLE 15: CONTINUATION OF PROVISIONS This Agreement amends the existing Radio Communications System Interlocal Agreement and the Radio System Participation Agreement(which is the first amendment to the Radio Communications System Interlocal Agreement)to the extent necessary to allow the Nueces Jim Wells County ESD#5 to participate and use the Radio Communications System. All other provisions of the Radio Communications System Interlocal Agreement and Radio System Participation Agreement that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument,by express intention of the parties. EXECUTED in quadruplicate to be effective as of the last execution date set forth below: City of Corpus Christi: ATTEST: Approved as to form: Ronald L. Olson Rebecca Huerta Barney Knight City Manager City Secretary City Attorney Date: Date: Date: Regional Transportation Authority: Scott Neeley Chief Executive Officers Date: County of Nueces: ATTEST: Approved as to form: Samuel Loyd Neal Diana T. Barrera Laura Garza Jimenez County Judge County Clerk Nueces County Attorney Date: Date: Date: Nueces Jim Wells County ESD#5: ATTEST: Approved as to form: Jay Behrens Board President Date: Date: Date: SC h 1:3. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 22, 2014 Gd7apr�M M1ry�p xs Action Item for the City Council Meeting of July 29, 2014 DATE: June 19, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV @cctexas.com (361) 826-1874 Change Order No. 4 Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2) CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 4 with R.M. Wright Construction Company of El Paso, Texas in the amount of $348,897.89, for a total restated fee of $3,281,860.89, for the Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2). PURPOSE: The purpose of this agenda item is to obtain authority to execute Change Order No. 4 with R.M. Wright Construction Company of El Paso, Texas for Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2). BACKGROUND AND FINDINGS: This change order includes cleaning out and refurbishing the existing East Aeration. The existing East Aeration Basins have not been cleaned out since the basins were put into service in 1985. During the design phase, the grit basin was drained and there was some grit observed in the bottom but the hopper bottom was not full. Approximately two years after the basin was inspected for design the grit basin was taken out of service for construction and found that the hopper bottom was completely full and the grit stacked halfway up the remaining basin, approximately eight feet deep above the hopper. The contract did not account for the additional quantity, approximately an additional 340 tons above what was anticipated. It is recommended the East Aeration Basins be taken out of service and completely cleaned out of settled grit, debris rags, etc. and the existing air drop aeration system will be refurbished by replacing missing air drops, replacing damaged air drops and replacing the lower support system. ALTERNATIVES: 1. Authorize the execution of the change order. 2. Do not authorize the execution of the change order. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Ca ital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $3,148,400.00 $4,876,100.00 $8,024,500.00 Encumbered / Expended Amount $3,148,400.00 $30,352.70 $3,178,752.70 This Item $348,897.89 $348,897.89 Future Anticipated Expenditures This Project $228,088.41 $228,088.41 BALANCE $0.00 $4,268,761.00 $4,268,761.00 Fund(s): Wastewater C I P#4 Comments: This change order requires approximately 90 calendar days with anticipated completion October 2014. The change order will result in the expenditure of an amount not to exceed $348,897.89. RECOMMENDATION: City Staff recommends approval of Change Order No. 4 with R.M. Wright Construction Company of El Paso, Texas in the amount of $348,897.89, for a total restated fee of $3,281,860.89, for the Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2). LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Change Order PROJECT BUDGET ALLISON WASTEWATER TREATMENT PLANT HEAD WORKS (PHASE 1) & GRIT SYSTEM (PHASE 2) FUNDS AVAILABLE: Wastewater CIP................................................................................................ $8,024,500 FUNDS REQUIRED: *Construction w Change Order No. 1-3 (R.M. Wright) Base Bid plus Add. Alt. No. 1 &2... 2,932,963 **Change Order No. 4 THIS ITEM......................................................................... 348,898 Engineer Fees: ***Engineer Design through Amendment No. 3 (Urban Engineering)............................. 296,565 Construction Materials Testing (Kleinfelder) ............................................................ 10,500 Geotechnical Testing (Kleinfelder) ........................................................................ 5,500 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance).............................. 51,327 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)......................................... 95,321 Misc. (Printing, Advertising, etc.)........................................................................... 14,665 TOTAL............................................................................................................ $3,755,739 PROJECT BUDGET BALANCE.......................................................................... $4,268,761 *Original construction contract awarded on September 18, 2012 by Motion No. 2012-168 **Total change orders, including this item, equal 18.3%; however, funds are available in the overall project ***Original Engineer Design Contract awarded on April 21, 2009 by Motion No. 2009-098. Amendment No. 1 awarded on November 8, 2011 by Motion M2011-252. Construction Observation Services are included in Engineer Design Contract. U.o PROJECT LOCATION '` A• u���qu�i I��weJ�o�l I 11 V VVVV r`� r a r r r r` a iq r r I �w 11 Ij III III � � 1f / M v ' lu�lll I I r v I r YYY N °"�ro�, � j �ryy eu !olu.rr � �r � � �%/ '✓yJ , ,/r, r"r, � aQ rlrro� r r IIII / r r III / I rl fr r/�) � F✓�fJ r"�„ r, r!.°maNti<vr �r��',f�� r LOCATION MAP NOT TO SCALE PROJECT NO. 7417 ALLISON WASTEWATER TREATMENT EXHIBIT B PLANT HEAD WORKS (PHASE 1) AND CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS GRIT SYSTEM (PHASE 2) PAGE: 1 OF 1 o ch CU 4-j u I N CL c� N oa CU � � O 0 0 .P c, m I MF�J�� L }, Ui O 0 b.0 U m }' v O V C6 — X E N ClA 'L W U cn DC D V 1 , z T J V a •�1 W two e t u.i �I LU Q n"� z 0 N u zE (3) aA r Ui C: ;� . . 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" § w u 6 E f : _ _ £ ■ : .g = o O Z Cl)o o k ) D a l § E O - D (D . 7 u 0 2 : o : \ _ \ % § 0 k \ \ E ) \ \ E 2 '7 % « : R o = L = _ - 0 E o 2 » « 7 ■ t o o f § . 0 0 / s o e n n 2 E § : q \ s o g = G @ E E k $ « 0 ./ u � 2 \ 2 \ \ 3 / \ \ / \ \ / \ 3 CHANCE ORDER t1 Department of Engineering Services City of Carpus Christi, Texas 0 CHANGE ORDER NC): 4 p'UNDING SOURCE: 14248-15()'7 25 CON RAC"'f' TIME. 145'.:a C.D. Operating Department: Waastewat::er DATE: June 9, 1014 Pursue of Project: Allison WV7'FP N(aw Mech. Bar Screen and Grl.t Rerraoval. :Tiny)r_overraent:s City Project t No. '741..7 Contractor: R.M. Wright e unstruct.i_on Co. CHANGE ADD Deduct Add or Deduct the following items to the contract: See Attached Breakdown 3. East Aeration Basins cleaning and aeration sy.stwerrrt rehabilitation. $296, 169.09 2. Removal of excess grit from Gr,i.t Removal Unit. S49, 034 .80 3. Deduct unused quantities to adjust for Final.. ($:4.1.., 4 653 . 00) 4. Add additional quant:.ities fc°ar. wi.+.if:ra:i.rur3 aand extend'i'ng driveway to New Mech. Ba:r, yd ¢.e:c.ru Unit and extending retaining wall. t:1-6, 559.00 E7417CWR $348,897.89 550910_42,49- Q000-1507 5 TOTAL ADD- $348,897.89 Why was this change necessary? (If left off the p i.aan s and spec.ifications cexp].ai.n why?) W. Aeration rehab'd in original score and E_ Aeration needs the ..same,. Between design and construction the grit, basin filled with grit. Barad cont.racAt (,lid riot.. account fcrr the additional. quantity.... Staff requested wirier rand lancer (_.oncre t.r drivewa for bestt-er access t.,cr sc.r_eaeni.raT.M containers How can similar changes Tae:;, avoided in the, f°utu:r.-e:r Onavc,.a.dab].cry. Problems and .i. sv:tr-s not determined until, construction was urrciearwa ,. A. CONTRACT PRICE. . . . . . . , . . . ., . . . . . . . . . . . . .$ : , 772, 662 .00 B. TOTAL CHANGE ORDERS (inc. c,ir"reunt:) . . . . .a t;179, i ii8.89 ✓ C. NEW CONTRACT PRICE. . . . . . . . . . . . . . . . . . . . . r 3,281,860.89 ✓ D. IS CHANGE ORDER . . „ . . . . . . e" 348, 89'7. 89 VtA E. PERCENT TOTAL CHANGE (B/A) . . . . . . . . . . . Ifl .�`+, �.�r�N�� roject Planager F. PREVIOUS TIME AUTHORIZED. . . . . . . . . . . . . . . ,76 _— G. AC)T7"l CONTRACT °I'IN7E 'T'H1:S CpiAT1CTE OTtU[^TTY. , 1.92 C.L) H. TOTAL ADDITIONAL TIME. . . . . . . . . . . . . . . . . . 2643 C.[). -- CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR Tly° By: Nrect:r:e• eat 9?rrclirrcer„ rrg ,iex:v:i.dre.,:, F , A'PP'ROVED: Operating Department V rDirector of Management & Budge CHANGE ORDER NO.4 ATTACHMENT June 9, 2014 ALLISON WWTP MECH BAR SCREEN -CITY PROJECT NO.7417 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT EAST AERATION BASIN IMPROVEMENTS 1. Bands, Insurance, Labor, Overhead 1 LS $163,885.00 $163,885.00 2. Clean Six Existing Aeration Basins 1 LS $74,955.00 $74,955.00 3. Reinstall Missing Air Drops to Air Piping [1] 47 EA $176.85 $8,311.95 4. Provide New For Missing Air Drops [2] 15 EA $400.00 $6,000.00 5. Replace Air Drop Tees/Orifices with New 20 EA $150.00 $3,000.00 6. Provide New Lower Diffusers if Missing 20 EA $37.50 $750.00 7. Replace Air Drop Lower Clamp Supports 150 EA $26.67 $4,000.50 8. Reinstall Air Drop Lower Clamp Supports 75 EA $10.00 $750.00 9. Replace Existing Air Drop Lower Support Angle 426 LF $26.55 $11,310.30 10. Replace Existing Air Drop Wall Support Angle 66 EA $160.61 $10,600.26 11. Replace 8"Air Piping Couplings 24 EA $366.67 $8,800.08 12. Haul Off Solids from Aeration Basins 50 Tons $29.12 $1,456.00 13. Landfill Disposal Cost 50 Tons $47.00 $2,350.00 EAST AERATION BASIN REHAB SUB-TOTAL $296,169.09 [1]There are 47 airdrops counted as missing. [2]Provide and install new air drops for those not found in tank or at the plant. REMOVAL OF EXCESS GRIT FROM GRIT REMOVAL UNIT 1. Equipment and Labor to Remove Excess Grit 1 LS $22,474.00 $22,474.00 2. Haul Off Excess Grit from Grit Removal Unit 340 Tons $31.12 $10,580.80 3. Landfill Disposal Cost 340 Tons $47.00 $15,980.00 EXCESS GRIT REMOVAL SUB-TOTAL $49,034.80 DEDUCT THE FOLLOWING BID ITEMS FROM THE CONTRACT 6. 4"Thick Sidewalk -123 SF $5.00 ($615.00) AAA2-4 Replace Air Drop Tees/Orifices with New -20 EA $200.00 ($4,000.00) AAA2-5 Replace Air Drop Lower Clamp Supports -150 EA $55.00 ($8,250.00) DEDUCTED QUANTITIES SUB-TOTAL ($12,865.00) ADD THE FOLLOWING BID ITEM QUANTITIES TOTHE CONTRACT 7. Lime Stablized Subgrade 61 SY $9.00 $549.00 8. 6"Thick Concrete Pavement 65 SY $60.00 $3,900.00 9. 6" Block Curb 4 LF $15.00 $60.00 10. Retaining Wall 5 LF $250.00 $1,250.00 AAA2-3 Reinstall Missing Air Drops to Air Bridges 14 EA $150.00 $2,100.00 AAA2-6 Reinstall Air Drop Lower Clamp Supports 174 EA $50.00 $8,700.00 ADDED QUANTITIES SUB-TOTAL $16,559.00 CHANGE ORDER NO.4 TOTAL $348,897.89 S:1 Projects115000UP 1164451B100tiCONSTRUCTION%Change Orders=#4-E.Aeration&Grit1CO#4 Cost Prop.revt 06.09.14.xls Page 1 of 1 URBAN Jab No.. 16445.81.00 ENGINEERING June 12, 2014 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Mr. ,Albert Pardo, P.E. City of Corpus Christi Bldg 4917 Holly fed. � Corpus Christi, Tx 78,411 Subject: Allison WWTP Mechanical Bar Screen and Grit Removal Improvements City Pro'ect No. 7417 Dear Mr. Pardo: Attached, please find four (4) sets of Change Order No. 4 for the subject project. Each has been signed by the contractor and myself, This change order involves the following: 1. East Aeration Basins: Draining and cleaning completely all five basins and rehabilitating the aerations system. The amount of solids in the existing basins is unknown. The Contractor will be paid for the actual amount of tons hauled and disposed of. 2. Excess Grit Removal: During the design phase the Grit Basin was drained and there was some grit observed in the bottom but the hopper bottom was not full. The Contract Documents did not indicate that the Contractor would have to deal with more than normally expected amount of grit in the basin. When the Grit Basin was taken out of service it was found that the hopper bottom was, completely full and the grit stacked halfway up the remaining basin (approx. 8' deep above the hopper). It took them more than a week to remove all the grit to the sand drying beds. We calculated the total volume of grit removed to be approx, 400 tons and have deducted 60 tons for the hopper bottom that the contractor would have had to take care. That leaves 040 tons above what was anticipated. The Contractor will be paid for the actual amount of tons hauled and disposed of. Deduct Unused Quantities: There are some quantities that were not used on this project. 4. Add Quantities: Items 7 to, 10 were added quantities at the request of the Wastewater Dept. (at the time) to widen and extend the concrete driveway that provides access to the debris containers located under the New Mechanical Bar Screen structure. AAA2-3 and AAA2-6 were additional quantities necessary to complete the rehabilitation of the West Aeration Basin aeration system (they were done instead of items AA,A,2-4 and A.AA2-5 noted in Item No. 8 above). Not included in Item No. 8 is $883.93 remaining in the Utility Allowance. We have left that as available in case there are in minor issues that arise from the East Aeration Basin work.. (361)884-31011 2725 SWANTNER DR, * CORPUS CF1R10,TEXAS 78484 FAX(361)854-60)!071 ww ,,urbaneng,corn TBPE firm#145 T8PLS firm#10073240707 Mr. Albert Pardo, P.E. June 12, 2014 Page 2 We arrived at the additional time noted on the change order based on what we believe is the status of the existing contract time as provided in the following; Original Total Contract Time: 455 Calendar Days Additional Time by Change Order. 76 Calendar Days Total Time Authorized: 531 Calendar Days (through Change Order No. 3) November 5, 2012: Contract Time Started April 20,2014: Contract Time Ended (after 531 C.D.$) Anticipating Council approval by July 22, 2014 and three months for construction (through Oct. 29, 2014) amounts to 192 additional calendar days. Total additional days, including previous change orders, is then 268 Calendar Days. Should you have any questions please call me. Anything we can do to expedite the change order would be appreciated. The Contractor has finished his original scope of work and he has left his equipment on site anticipating approval of the East Aeration Basin work. Sincerely, URBAN ENGINEERING YV� Mark Maroney, P.E. MM/ Enclosure xc: Mark Guerra, P.E.—Construction Services w/encl. via email James Hams, P.E.—Capital Programs w/encl.via email Daniel Deng,P.E.—Capital Programs w/encl.via email Randy Wright, RM Wright Construction via email DEPARTMENT OF CAPITAL PROGRAMS CHANGE ORDER SUMMARY SHEET PROJECT: Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2) APPROVED: City Council on 09/18/2012 - Motion No. M2012-168 CONTRACTOR: R.M. Wright Construction Company EI Paso, Texas TOTAL CONTRACT AMOUNT ..................... $2,772,662.00 25% Limit Amount ......................................... 693,165.00 Change Order No. 1 (01/04/13)..................... 47,944.00 Change Order No. 2 (10/23/13)... ... ... ... ... .... 15,018.00 Change Order No. 3 (01/08/14)... ... ... ... ... .... 97,339.00 Change Order No. 4 THIS ITEM ... ... ... ... ... ... 348,897.89 Total ......................................................... $509,198.89 = 18.36%< 25% NEW CONTRACT AMOUNT......................... $3,281,860,.89 Sc 0 AGENDA MEMORANDUM powRko Future Item for the City Council Meeting of July 22, 2014 1852 Action Item for the City Council Meeting of July 29, 2014 DATE: June 19, 2014 TO: Ronald L. Olson, City Manager THROUGH: Gustavo Gonzalez, P.E., ACM Public Works & Utilities FROM: Mark Van Vleck, P.E. Executive Director of Utilities MarkVV @cctexas.com (361) 826-1874 Interlocal Agreement between the University of Texas at Austin and the City of Corpus Christi CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the University of Texas at Austin for research services for the City's water distribution system, with City's cost to be $49,547. PURPOSE: The purpose of the Agreement is for the University to provide the City with research services related to microbial analysis in the Corpus Christi chlorinated distribution system for optimization of molecular analysis for detection of nitrifying organisms. BACKGROUND AND FINDINGS: The Water Utilities Laboratory is expanding to include a DNA testing section. The method will be polymerase chain reaction (PCR) to detect nitrifying organisms in the City's water distribution system. This will be used as an early detection system for nitrification, which will improve understanding of water quality. To make this endeavor successful, a molecular community analysis must be performed by UT to optimize the DNA primers and probes used in PCR. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements. EMERGENCY/ NON-EMERGENCY: Non- Emergency. DEPARTMENTAL CLEARANCES: Utilities Department 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 $107,500 Encumbered / Expended Amount This item $49,547 BALANCE $57,953 Fund(s): Utilities - Water Comments: RECOMMENDATION: Approval of the Interlocal Agreement between UT and the City. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the University of Texas at Austin for research services for the City's water distribution system,with City's cost to be $49,547. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute an Interlocal Agreement with the University of Texas at Austin for research services for the City's water distribution system, with City's cost to be $49,547. A copy of the Interlocal Agreement will be on file in the Office of the City Secretary. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI and THE UNIVERSITY OF TEXAS AT AUSTIN This Interlocal Agreement("Agreement")is made by and between the University of Texas at Austin, a public institution of higher education located in Austin,Texas("the University")and the City of Corpus Christi,a Texas home-rule municipality located principally in Nueces County,Texas,acting by and through its duly authorized City Manager,or designee("the City"),and collectively referenced to as "Parties" or individually referenced to as "Party." WHEREAS,the parties are authorized to enter into this Agreement pursuant to the provisions of the "Texas Interlocal Cooperation Act", Chapter 791 Texas Government Code;and WHEREAS,the City of Corpus Christi desires that University perform certain research services hereafter described and is willing to compensate University for such services;and WHEREAS,the University is willing to perform such research services; Now therefore,The University and the City agree as follows: I. AGREEMENT PURPOSE The purpose of this Agreement is for the University to provide the City with research services related to microbial analysis in the Corpus Christi chlorinated distribution system. H.OBLIGATIONS OF UNIVERSITY OF TEXAS AT AUSTIN A. The University agrees to provide the City with services for the Project as set out in the Exhibit"A" (Scope of Services)attached to this Agreement and incorporated by reference. B.The University shall appoint one staff person to act as the single point of contact with the City ("University SPOC").The University SPOC shall possess the decision-making authority necessary to provide the services under the Agreement. Contact information for the University SPOC is: Dr.Mary Jo Kirisits Associate Professor 310 E Dean Keeton St. Stop C 1786 Austin,Texas 78712 Email: kirisits @mail.utexas.edu Phone: 512-232-7120 C. If the identity of the University SPOC changes,the University will designate a replacement and provide written notification of this change to the City SPOC within thirty(30)days. D.The University SPOC will provide monthly interim status report(s)via email correspondence to the City SPOC on the progress of the University's services as described in Exhibit "A"(Scope of Services). H1.OBLIGATIONS OF THE CITY OF CORPUS CHRISTI A. In consideration for the services to be performed under this Agreement as described Exhibit"A" (Scope of Services),the City agrees to pay the University a total contract amount not-to-exceed$49,547, 1 as set out in the itemized budget in Exhibit"A"(Budget)attached to this Agreement and incorporated by reference. B. Specific funding for the services described in Exhibit"A"will be paid by the City of Corpus Christi. C.The City shall appoint one staff person to act as the single point of contact with the University("City SPOC"). Contact information for the City SPOC is: Nikki Gordon Project Manager,Water Utilities Laboratory Utilities Department,City of Corpus Christi 13101 Leopard Corpus Christi,TX 78410 Email:NikkiG @cctexas.com Phone:361-826-1843 D. If the identity of the City SPOC changes,the City will designate a replacement and provide written notification of this change to the University SPOC within thirty(30)days. IV.TERM AND TERMINATION A.This Agreement begins on March 1,2014,and ends on July 31,2014, unless previously terminated in accordance with this Agreement.This Agreement expiration date may be extended,subject to the prior written approval of the parties,and authorization of the City of Corpus Christi. B. If either party defaults in the performance of any of the terms or conditions of this Agreement,the defaulting party shall have thirty(30)days after receipt of the nondefaulting party's written notice of the default to cure the default.If such default is not cured within the thirty(30)day period,the nondefaulting party has the right without further notice to terminate this Agreement. V.PAYMENT FOR SERVICES A.The University agrees to submit invoices, in a form acceptable to the City,on a monthly basis,but not less than quarterly.The invoices shall be sent to: Nikki Gordon Project Manager, Water Utilities Laboratory Utilities Department,City of Corpus Christi 13101 Leopard Corpus Christi,TX 78410 Email:NikkiG @cctexas.com Phone: 361-826-1843 Upon receipt of complete and correct invoices,remittance will be payable to University of Texas at Austin and sent to: The University of Texas at Austin Office of Accounting Attn: Sponsored Projects Award Administration PO Box 7159 Austin,Texas 78713-7159 B. Each party paying for the performance of governmental function or services shall make those payments from current revenues available to the paying party. 2 VI.INTELLECTUAL PROPERTY Reports,designs,and other work("Material')developed by the University under this Agreement is the property of the University. The University warrants and represents the Material is the independent work of the University and an original work of authorship under the U.S.Copyright Act. Furthermore,the University warrants and represents the University has the right to license the Material to the City.The University licenses and grants to the City an irrevocable,nonexclusive,and royalty-free license to use, reproduce,copy,publish,prepare derivative works from,distribute to the public,perform,and display publicly for or on behalf of the City,the intellectual property rights in the Material developed as part of the work under this Agreement. VII. MISCELLANEOUS A. Severability. If a court of competent jurisdiction determines that a term or provision of the Agreement is void or unenforceable,the remainder of this Agreement remains effective to the extent permitted by law. B. Law and Venue.This Agreement shall be governed by the laws of the State of Texas,without regard to conflict of law principles which would apply the law of any other jurisdiction.Venue for any lawsuit or litigation arising from this Agreement shall be in Austin,Texas. C.Assignment.A party to this Agreement may not assign or transfer its interests under this Agreement. D.Amendment in Writing.This Agreement may be modified in whole or in part only by a writing properly executed by both parties.Neither any representation or promise made after the execution of this Agreement,nor any modification or amendment of this Agreement, shall be binding on the parties unless made in writing and properly executed by both parties. E. Entire Agreement.This Agreement constitutes the entire Agreement and understanding between the parties and supersedes all previous agreements,understandings,discussions,or representations concerning its subject matter. F.Notice.Notices to either party shall be in writing,and may be either hand-delivered or sent by certified or registered mail,postage paid,returns receipt requested.If sent to the parties at the addresses designated in this Agreement,notice shall be deemed effective upon receipt in the case of hand-delivery and three days after deposit in the U.S.Mail in case of mailing.All notices to the University shall be sent to the address of the University SPOC in Section II B. above. All notices to the City shall be sent to the address of the City SPOC in Section III C.above. G. Survival of Obligations. All obligations that impose continuing obligations on the Parties, including but not limited to reports,ownership of intellectual property,and warranty of title shall survive the expiration or termination of this Agreement. H. Signature Authority. The parties attest that the signatories below are duly authorized by their respective parties to enter into this Agreement. 3 WHEREFORE,this Interlocal Agreement is effective on the date of execution by the last of the party to sign this Agreement. The University of Texas at Austin City of Corpus Christi By: By: David H w 'ns Name: AssociatJ Director Office of Sponsored Projects Title:n ,17 Date: L UN� Date: Approved as to form: By: Assistant City Attorney 4 EMMIT A SCOPE OF SERVICES See attached 5 Proposal for The City of Corpus Christi To: Gabriel Ramirez and Nikki Gordon From: The University of Texas at Austin, Dr. Mary Jo Kirisits and Dr. Sungwoo Bae 2/15/14 Task 1. Microbial community analysis in the Corpus Christi chloraminated distribution system to identify key nitrifying microorganisms In our previous report,amoA genes from Bacteria and Archaea in the Corpus Christi distribution system were monitored through gPCR.Given the amoA concentrations measured, the report suggests that diverse AOB and AOA might be present throughout the distribution system. For example,the occurrence of amoA genes from total Bacteria was more frequent than that from Nitrosomonas oligotropha(a Bacteria), indicating that unidentified amoA genes from AOB were predominant in the distribution system.In a recent report examining 112 drinking water samples (source waters,pilot-plant and full-scale distribution systems),Nitrosomonas oligotropha occurred widely but other substrains of Nitrosomonas oligotropha and Nitrobacter also were common(Starke et al.2013). To allow the City of Corpus Christi to ensure that their monitoring program is specific and appropriate to their particular distribution system,we propose to collect microbial community structure data about the City of Corpus Christi distribution system. With the three Taqman AOB assays that we have applied previously to City of Corpus Christi samples,Nitrosomonas oligotropha was the only one detected(i.e.,Nitrosospira and non-oligotropha Nitrosomonas were not observed). However,a Bacterial community analysis (via pyrosequencing) for the City of Corpus Christi will demonstrate if any other AOB should be routinely monitored;the community analysis will be performed using DNA extracted from previous samples across the year. If no other AOB are routinely found in this analysis,we suggest that the City of Corpus Christi continue the Taqman assay for only Nitrosomonas oligotropha on a routine basis. If other AOB are routinely found in this analysis,we will develop Taqman assays for those organisms(Task 2.2);we will suggest that the City of Corpus Christi perform these Taqman assays and that for Nitrosomonas oligotropha on a routine basis. (Note: Taqman assays are preferable over SYBR Green assays because melting-curve analysis for each sample is not required for a Taqman assay.) We also propose an AOA microbial community analysis (pyrosequencing) for the City of Corpus Christi because the specific AOA important in their distribution system are unknown; we currently are using a SYBR Green gPCR assay for AOA from marine environments because no assay for AOA in chloraminated distribution systems is available. Thus,to make the City's monitoring of AOA specific to their system,we must know which AOA are commonly found in the City of Corpus Christi distribution system. As above for Bacteria, specific Taqman AOA assays will be developed if several AOA predominate in the analysis (Task 2.2). Thus,the microbial community analyses will allow us to develop a specific monitoring program for AOB and AOA in the City of Corpus Christi distribution system. Task 2. Develop robust gPCR assays for AOB and AOA detection in the Corpus Christi distribution system gPCR assays are useful tools that can rapidly provide information about nitrification events via amoA gene quantification in distribution systems. gPCR assays should be designed properly to perform routine examination of amoA genes from AOB and AOA in drinking water. Previously, Regan et al.developed Taqman assays by modifying conventional PCR assays to quantify AOB in chloraminated distribution system (Regan et al.2007). However,those assays were not designed for gPCR-where gPCR needs explicit consideration of amplicon size and gPCR running time.Furthermore,our data suggest that the existing three AOB Taqman assays might not detect amoA genes from all numerically important AOB present in the City of Corpus Christi distribution system.Therefore,we propose the following subtasks: Task 2.1. To modify the current Nitrosomonas oligotropha Taqman assay to meet acceptable gPCR design criteria. Here,the current N. oligotropha assay will be optimized to meet criteria accepted in current practice. This optimized assay can be used immediately by the City of Corpus Christi because they routinely observe N. oligotropha in their distribution system. Task 2.2. To design new Taqman assays for the AOB and AOA that are numerically dominant in the Corpus Christi distribution system. Given the data from the microbial community analysis(Task 1.1),new Taqman assays will be designed to target the numerically dominant AOB and AOA in the Corpus Christi system. Multiplex assays will be designed so as to be compatible with the real-time thermal cycler purchased by the City of Corpus Christi. Task 3. A training session of molecular techniques for gPCR A one-week,on-site training session is proposed at the City of Corpus Christi laboratory.' The session will include lecture and laboratory components. In the lecture,Corpus personnel will learn molecular biology and (q)PCR theory as well as getting an overview of current methods related to nitrification in drinking water distribution systems. In the Iaboratory sessions,Corpus personnel will learn molecular lab techniques including DNA extraction from enrichment cultures and distribution system water samples, gPCR plate setup, and real-time thermal cycler operation. Basic data analysis,statistical analysis of gPCR data, and troubleshooting will be discussed. We will provide information on ordering primers and probes. We will bring aliquots 1 As we discussed,the choice of which Corpus Christi personnel participate in the training session is at the discretion of the City of Corpus Christi. For instance,a one-on-one training between Dr.Sungwoo Bae and Ms. Nikki Gordon could be done. ofpkzmmidDNA fi-om Escherichia coli strains for use moqPC�K standards, where the oiiquu)ts ean 6c stored at-28T (in anmn-me|f-defrostimg for several years. Timeline The k`l|mp/iug1icoe]iueimproposed. Task Mar Apri I May June July 2014 2014 2014 2014 2014 I —Microbial community analysis 2.2—Design new qIICR assays targeting AOB/AOA in Corpus Christi system 3 —Training session Budget The budget will cover the time dedicated by Dr. SUngwoo Bae and Dr. Mary Jo Kirisits to the project (e.g., laboratory work-, report preparation, meetings with Corpus personnel, preparation of materials for the 1omim|og session, on-site training*cmmiom with Corpus personnel), omnmuomable supp|its (e.g., DNA extraction kits, qPCHLreagents, gloves, y|msticvvure [nmicnofbge1mbes, qyCR plates, pipet tips]), chemicals (e.g., growth media, diaiofectocd), oquiprncot fees (real-time <hcmnm| cycler), sequencing costs, travel (for the training session at Corpus Christi), and overhead (15%). The budget is Outlined below according 1otask. Task Budget I —Microbial community analysis $13,428 2.1 - Optimize current N. oligotro])ha as,ay $ 9,748 2.2—Design new qPCR assays targeting $17,657 AOB/AOA in Corpus Christi system TOTAL $49,547 ReDcmuuces Regan, lM., Clio, /\.-\'. and Klom~ S. (3087) Mmni1oriug/\nimumlu-Oxidizing Bacteria in Chlonamoinu1cd Distribution System, Arnerican Water Works Association Research Foundation, Denver, Colorado. Starke,J.A., Sm@akY[hmaz^ (}orza|mk[~A., WuAuerm, D.8. and Harrington,G.W.(2Ql3) Characterizing the Microbial Cmmmuaity Responsible for Nitrification Water Research Foundation, Denver,CO. Y9uhmon, D.G., WolDcok-K|c[er, K.A. and preommun,J.G. (3004)MomouQorumiucDisinfection l{imc6cs u[NitroaunuuoaooummpmemWy PropNium Monouzidc0oun6toMivc PCRond Live/Dead QmcLiobt Methods. /\pplic(�l and Environmental Microbiology 75(|7), 5j5S-5563. SC h 1:3. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 22, 2014 Gd7apr�M M1ry�p xs Action Item for the City Council Meeting of July 29, 2014 DATE: July 3, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV @cctexas.com (361) 826-1874 Engineering Monitoring Contract Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Russell Corrosion Consultants, LLC of Simpsonville, Maryland in the amount of $46,095, for a total restated fee not to exceed $75,825 for Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015. PURPOSE: The purpose of this agenda item is to obtain authority to execute Amendment No. 1 to the Russell Corrosion Consultants, LLC contract for the Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015. BACKGROUND AND FINDINGS: This agreement allows Russell Corrosion Consultants, LLC (RCC) to continually conduct the 2015 Periodic Corrosion Monitoring Survey for the Mary Rhodes Pipeline. The tasks of this agreement include the seventy-one (71) corrosion monitoring surveys 6 (Anode) test stations on the 64-inch reinforced concrete pipe; the four (4) test stations at insulating joints for the steel pipe crossing the Guadalupe River and Victoria Barge Canal; forty (40) existing corrosion monitoring surveys 1 (Line Current) test stations, and 50 test stations in the vicinity of foreign pipeline crossings. The total number of test stations is 165. The monitoring survey is necessary to verify the effectiveness of the stray current mitigation systems and to determine if changes in stray current levels have occurred that require additional mitigation systems. The stray current mitigation systems help to preserve the operation integrity of this critical pipeline for the City's water supply system. This project is anticipated to start in January 2015 and complete in April 2015. RCC is uniquely qualified to perform this service. RCC designed the corrosion protection systems for the original Mary Rhodes Pipeline Phase 1 around 1998 and has been working on the Mary Rhodes Pipeline corrosion monitoring survey for the City since 2000. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ®Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $31,365.00 $48,630.00 $79,995.00 Encumbered / Expended Amount $31,365.00 $31,365.00 This Item $46,095.00 $46,095.00 Future Anticipated Expenditures This Project $2,535.00 $2,535.00 BALANCE $0.00 $0.00 Fund(s): Water Operating Comments: This project requires approximately 107 calendar days with anticipated completion April 2015. The amendment will result in the expenditure of an amount not to exceed $46,095. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 with Russell Corrosion Consultants, LLC of Simpsonville, Maryland in the amount of $46,095, for a total restated fee not to exceed $75,825 for Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET MARY RHODES PIPELINE PERIODIC CORROSION MONITORING 2015 FUNDS AVAILABLE: WaterOperating............................................................................................. $79,995 FUNDS REQUIRED: Engineer Fees: Engineer- Original contract (Russell Corrosion Consultants, LLC)............................. $29,730 Engineer-Amendment No. 1 THIS CONTRACT (Russell Corrosion Consultants)........ $46,095 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)........................... $1,327 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt)............................... $2,464 Misc............................................................................................................. $379 TOTAL.......................................................................................................... $79,995 PROJECT BUDGET BALANCE........................................................................ $0 f. Lake Texana a Route of Corrosion Monitoring Survey Mary Rhodes Pipeline Phase 1 ON Stevens Water Treatment Plant r uuumu '' l r i LOCATION MAP NOT TO SCALE PROJECT# E13068 MARY RHODES PIPELINE PERIODIC CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS CORROSION MONITORING SURVEY PAGE: 1 OF 1 � O 4-j N 0 EL N 4-j N •� bA 'U � � U a � o � � o � o 0 U u Pc; •O �� Air. . I n ro {' ' p la CL n B CL a.0 Um Q� Q N Q� O c � L v h � Y C mm G ^� bn _0 Y 0 a o 4-j a--+ � O O U r-I N N U N O Q '. u '0 .- �° .� (( '` u ° LA ok a. CL C rl C. O U u N 00 N Q Q O CL Len L l� N f° N V _ � C� V LL � 4� a ca W V O a Am P, �,If- lle I, _r_ M LO C) LO C) LO C) u 0 oa I CY) CY) CY) PI- CY) 61) CL CY) [I- C) CY) n I; CL a) U�- pl- C CL m u 0 L) 4-j .0 b,O 2 0 0 4-j O 0 00 Z LU 0 (D -j a 0 W LU — E m w -0 0 0') E- c CY cn . (D 'c (D =0) E (D (T Uj E Im (D LL(D 0 < ct) 0 Cl) LU Z z 0 CY 0) 0) 0 LL LL Lu Lu Lu H CL CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 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 Russell Corrosion Consultants, LLC, a Maryland corporation, P.O. Box 197, Simpsonville, Maryland, 21150, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Mary Rhodes Pipeline Periodic Corrosion Monitoring 2015(Project No. E13068)-This agreement allows Russell Corrosion Consultants, LLC (RCC) to continually conduct the 2015 Periodic Corrosion Monitoring Survey for the Mary Rhodes Pipeline. The tasks of this agreement include the seventy-one (71) CMS 6 (Anode) test stations on the 64-inch RCP pipe; the four(4)test stations at insulating joints for the steel pipe crossing the Guadalupe River and Victoria Barge Canal; forty (40) existing CMS 1 (Line Current) test stations, and 50 test stations in the vicinity of foreign pipeline crossings. The total number of test stations is 165. The monitoring survey is necessary to verify the effectiveness of the stray current mitigation systems and to determine if changes in stray current levels have occurred that require additional mitigation systems. The stray current mitigation systems help preserve the operation integrity of this critical pipeline for the City's water supply system. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Amendment No. 1 Exhibit"A" and "A-1", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. 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 Executive Director of Public Works. Workwill not begin on any phase or any Additional Services until requested in writing by the A/E and Contract for Engineering(A/E)Services Pagel of 3 K:IENGINEERING DATAEXCHANGEUENNIFERIWATERIE13068 MARY RHODES PIPELINE PERIODIC CORROSION MONITORING SURVEYIAMENDMENT NO. 1 1C NTRACTICO NTRACT.DOC written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Amendment No. 1 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 Executive Director of Public Works. The Executive Director of Public Works may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Amendment No. 1 Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Amendment No. 1 Exhibit "A", for providing services authorized, a revised fee not to exceed $46,095 (Forty-Six Thousand Ninety-Five Dollars and Zero Cents), for a total restated fee of $75,825 (Seventy-Five Thousand Eight Hundred Twenty-Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Amendment No. 1. 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. Contract for Engineering(A/E)Services Page 2 of 3 K:IENGINEERING DATAEXCHANGEUENNIFERIWATERIE13068 MARY RHODES PIPELINE PERIODIC CORROSION MONITORING SURVEYIAMENDMENT NO. 1 1C NTRACTICO NTRACT.DOC The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (p'lans 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 Executive Director of Public Works. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No'. 17112, to complete, as part of this contract, the Disclosure of Interests form. C CITY OF CORPUS CHRISTI RUSSELL CORROSION CONSULTANTS,=. Natasha Fudge, P.E. Date Richard Grant Date Acting Director, Capital Programs Principal P.O. Box 197 Simpsonville, Maryland 21150 RECOMIME DED (410) 997-4481 Office 2 (410) 740-2541 Fax Opcan g-t-erarrrTiEffit Date APPROVED Office of Management Date and Budget ATTEST APPROVED AS TO LEGAL FORM Rebecca Huerta, City Secretary Assistant City Attorney Date for City Attorney Project No: E13066 Fund Source No: 530000-4010-30250-E13068 Fund Name: Water Onneratina Encumbrance No: A R R.k"I I. 1 In 4- Contract for Engineering(A/E)Services Page 3 of 3 K:YENGINEERJNG DATAEXCHANGEUENNIFER\WATER1Et3068 MARY RHODES PIPELINE PERJODZ CORROSION MONITORING SU!RVEMMENDMENT NO. 11CONTRAC'nCONTRACT.DOC � a R;l. . ,, .. ,.,.it MAY& Y 71 MIS. 1 WIWI NIA% 1M1MH. I� IMI n IIA i P.O. Box 19T Simpa onviii ,III D 2115 (410),997-"81 " Fax(410)740 1 ,tune 23, 2014 Rene Marroqui'n, Jr. City of Carpus Christi P,O. Box 9277 Corpus Christi, Texas 78469-9277 Subject: Proposal for 2015 Periodic Corrosion Monitoring Survey of the Mary Rhodes Pipeline, Amendment No, 1 to E13068 Dear Mr. Marroquin: Russell Corrosion Consultants, Inc. (RCC) is pleased to submit this proposal to conduct the 2915 Periodic Corrosion Monitoring Survey for the Mary Rhodes Pipeline. The 2015 monitoring survey and follow up survey includes the seventy-one (71) CMS 6 (Anode) test stations on the 4-inch RCP pipe; the four (4) test stations at insulating joints for the steel pipe crossing the Guadalupe River and Victoria Barge Canal; forty (40) existing CMS 1 (Line Current) test stations, and 50 test stations in the vicinity of foreign pipeline crossings; The total number of test stations is (165). The monitoring survey is necessary to verify the effectiveness of the stray current mitigation systems and to determine if changes in stray current levels have occurred that require additional mitigation systems. The stray current mitigation systems help preserve the operating integrity of this critical pipeline for the City's water supply system. The following is the Scope of Work for the 2015 Monitoring Survey: Tasks 1. Attend a project kick-off meeting to discuss the plan of action and overall project schedule immediately prior to the field survey. 2. Evaluate the effectiveness of the cathodic protection for the two (2) steel water crossings. Testing will include the following: a. Pipe-to-earth "On" and "Instant Off' potential measurements on both sides of the insulating flanges at each of the four(4) test stations. b. Anode current output measurements at each of the four(4) test stations. C. Anode-to-earth potential measurements with the anodes temporarily disconnected at each of the four(4) test stations. 3. Conduct pipe-to-soil potential measurements with anode current cycled "On" and "Instant Off' and obtain anode current output measurements at the seventy-one (71) CMS 6 test stations to verify continued effectiveness. I fUIEND. NO. 1 EXHIBIT "All Pa e 1 of 4 4. Evaluate current flow on the piping at forty (40) CIMS 1 (Line Current) test stations with intact test wires. The detailed evaluation will include the following: a. (Measurement of pipe-to-soil potentials at each test station. b. (Measurement of the pipeline resistance between the IR drop test wires and calculation of current flow magnitude and polarity. 5. dose-interval potential survey (CIS) in the vicinity of 50 crossing natural gas and/or petroleum pipelines. The testing would be conducted in areas without CMS 6 test stations. The close-interval survey will be conducted for approximately 1,000 feet on either side of the crossing pipeline (total length of CIS at each crossing would be approximately 2,000 feet). 6. Detailed visual inspection for each visited test station with an Inspection farm filled out for each test station. The format and items included on the visual inspection form would be reviewed and approved by City personnel before any field testing is conducted. 7. .Analyze field data and prepare a preliminary engineering report that includes field data; conclusions; and pertinent, detailed recommendations with cost estimates, with respect to future testing and modifications to the corrosion control system as required in specific areas. 8. Attend a telephonic meeting with the City of Corpus Christi to discuss the preliminary report and prepare a final report that incorporates comments from the City. Fees Based on the scope of work identified above, the estimated Not-to-Exceed Fee for tasks 1 through 8 is $46,095.00 A spreadsheet showing the breakdown of the fee is attached. The relevant engineering rates are as follows: Personnel Hourly Billing Date Sr. Project (Manager $ 165.00 Corrosion Engineer $ 90.00 CADD/Techni'cian $ 75.00 Schedule Notice-to-Proceed November 3, 2014 Start Field Survey 'Meek of January 12, 2015 Submit Preliminary Report (March 31, 2015 City Review April 14, 2015 Submit Final Report April 28, 2015 Staffing I ((Michael J. Szeliga, P.E.) will be RCC"s Sr. Project (Manager for this work. I have directed the corrosion engineering work associated with the cathodic protection design for the Guadalupe River and Barge Canal crossings of this pipeline as well as the s AMEND. NO., 1 EXHIBIT "A" Page 2 of 4 evaluation of 277 petroleum pipeline crossings resulting in the design and installation of 71 galvanic corrosion control systems (CMS 6 test stations). I was the RCC Project Manager for our work for South Texas Water Authority where we have tested the electrical continuity of approximately 30 miles of reinforced concrete water transmission pipeline and upgraded 10 miles of pipeline with galvanic cathodic protection. I was also the Project Manager for our work for the Lavaca Navidad River Authority where we assisted with their annual corrosion protection surveys. I recently directed the corrosion evaluation for the City of Dallas Tawakoni Pipeline. I am a Licensed Professional Engineer in Texas and am certified by NACE International as a Corrosion Specialist and as a Cathodic Protection Specialist. I have extensive experience with corrosion control for water pipelines and specifically with the City's facilities. We expect that working under my direct supervision, RCC will assign NACE Certified Technologist or Technician personnel to the field aspects of the Mary Rhodes Memorial Pipeline project. Any assigned personnel will be Certified by NACE International as a minimum Cathodic Protection Technician (CPd). RCC practices professional corrosion engineering services only. We do not sell or install corrosion control systems. Our engineering recommendations and designs are prepared without regard to proprietary systems or components and are always in the bent interest of our clients. The hourly rates in this proposal are valid for work performed prior to December 31, 20,16. RCC invoices monthly and payment terms are net 30 days. We would request that the City provide our field engineer with a representative that would assist us with the Vocation of and access to the test sites. We appreciate the opportunity to present this proposal and we would enjoy working with you again on this project. Please call us at 800-086-4722 if you have any questions or if you wish to arrange a meeting to discuss the work scope in more detail.. Sincerely, RUSSELL CORROSION CONSULTANTS, INC. 41 111 1'"'////' I Michael J. Szeliga, P.E. Senior Project Manager attachment cc: Jiangang (Daniel) Deng, P.E., City of Corpus Christie Richard Grant, Principal RCC www.RussellCorrosion.com AMEND,. NO. 1 EXHIBIT "A"' Ida e 3 of 4 pp So 0 Y � 0 0 0 0 O pF QOM0) f? Cn W N O Ln OSRLnCs� (0 O 4069to to) A— T6, $ O 696% m m CL � N O O � O O O Q $ O N Lo FL C 0 0 0 0 0 0 0 0 M co n c �,Z 69 c+i�60 co O c R9 E9 69 6% m a. O W � N O 0 0 0 C 0 X Q 0 0 0 0 o Q0 000000c � rMLn rnMO � o O nti U = m M V > a > r L N O N p 01 O O w m O V O S N O = M Ir Cl)M 1 N iO 'O W. w 9O V cli a a S. f!1 I lul w 7 W y M Y LO p u N (/1 p 0 V y Np cc d OON N0 Ng C0 m O a 0 fi e- n Ln fA to a ca U. V O N a V N H o r W m 2 � rn c « ` _ U K � yMVnMy2 CL � � U to LS O :. �I s Z a a2Ec w U O ci CL cc o ° m $ © c Im m ; 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 500,000/500,000/500,000 EEMISIT D.NO. 1 "B" e 1 of 3 MEVRW" aocu C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within(10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations Incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes.All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361)826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: I. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City;and Iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten(10)calendar days advance written notice for nonpayment of premium. AMEND.NO. 1 EXHIBIT uB" a2of3 19 B to Latg9-kwnarroe 6 Ammon Aodc 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 Consultants 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 payments} 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 properly, 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 indemnMed hereunder. !E3of3 D.NO.1 IT"B" Ki6fpinMhV D VOUBM FEWORM End MI B!m UW-6n==d bW=V =*m door LZ �o 3F: oil ac o ca ° 000 unooaoov- av-0) oc - o uD co N IL d V - � 00 `° oo4a o0' oopppo X000 °0 0 � ; VVZ � HIm- Im- `� OF C H = 0 ° 0 0 8 ° O m m m Q O 0 o o � H H �- U �o 'EG* a 0 to 00omoH m °n o° 0 � co "I cm fo c W ooao0 oC04 SE v O O h 2 N O t0 H � � Z � M e � r V. � � Re �Or H V N r O N O O o 0 0 0 0 1` Q Q 13 1'. O I 1` O O C C*4 O N 0 m m m (0 N m CO W O IL � 0 ° ° $ N ° o 0 o N N N g V o � H H m e- O � � Z t 43 6F# 'O O O to O O o o m m m 0 O O p C N 6% V H N ell N N lL .. •� C N 1 N_ IN ca 0. . v a o O w 'ai em c c O cm va 0 ) aC 'E mN amco co (0 v�c ¢ � E 0. 1 "C" f1 r'y✓ SUPPLIER NUMBER TO BE ASSIGNED B'F(',TTY- C CITY OF CORPUS CHRISTI 'rstu DISCLOSURE O OF INTEREST City of Carpus Christi Ordinance 17112, as amended, requires all pet-sons or firms seeking to do business with the City to provide the followut� information. Every question must be answered. If the question is not applicable, answer with ` A". See reverse side for Filing requirements, Certifications and definitions. COMPANY NAME.. Russell Corrosion.Consultants,Inc. P.0. BOX: 197 STREET ADDRESS: CITY. Simpsonville,MD ZIP: 21150 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 page or attach separate sheet. 1. State the names of each "employee'" of the City of Corpus Christi having an "ownership interest" constituting 3%,or more of the ownership in the above named ""firm.' Name Job Title and City Department(if known) 2. State the names of each "official" ofthe City of'Corpus Christi having ash "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 ail "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 Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Richard Grant Title: Principal (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. SC h 1:3. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 22, 2014 Gd7apr�M M1ry�p xs Action Item for the City Council Meeting of July 29, 2014 DATE: July 3, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV @cctexas.com (361) 826-1874 Engineering Contract Nueces River Raw Water Pump Station CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $1,688,299, for a total restated fee not to exceed $1,738,035 for Nueces River Raw Water Pump Station for preliminary, design, bid, and construction administration services. PURPOSE: The purpose of this agenda item is to obtain authority to execute Amendment No. 1 to the Urban Engineering contract for the Nueces River Raw Water Pump Station. BACKGROUND AND FINDINGS: The Nueces River Raw Water Pump Station is located on the Nueces River and utilizes two separate pump buildings to deliver water from the river to the O.N. Stevens Water Treatment Plant (ONSWTP). Pump Building No. 1 was constructed in 1954 and was provided with four vertical turbine type pumps. Only two of the four pumps are functional at this time. Pump Building No. 2 was constructed in 1981 and contains four dry-pit centrifugal pumps. The maximum daily water demand treated at ONSWTP has been 111.7 million gallons daily (MGD), and the pump station has been unable to meet the peak demands. Currently Mary Rhodes Pipeline is providing an additional 30 MGD of raw water to ONSWTP to meet the demand requirement of the City, but this demand amount cannot be assured, should additional pumps go out at the Nueces River Pump Station. This contract provides for the design and construction to improve the pumping capacity and reliability of the Nueces River Raw Water Pump Station. The scope of work for this contract includes improvements of pump station and raw water transmission main. The pump station improvements will be evaluated and designed for a minimum peak hour flow rate of 200 MGD, but the number of pumps installed will be phased with initial flows expected to be in the 140 to 177 MGD range with space for future pumps to provide flow capacity to meet the anticipated requirements over next 50 years. Urban Engineering was selected as the A/E Consultant for this project through RFQ No. 2011 - 05. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $67,194.00 $2,347,506.00 $18,785,300.00 $21,200,000.00 Encumbered / Expended Amount $67,194.00 $67,194.00 This Item $1,688,299.00 $1,688,299.00 Future Anticipated Expenditures This Project $659,207.00 $14,057,543.00 $14,716,750.00 BALANCE $0.00 $0.00 $4,727,757.00 $4,727,757.00 Fund(s): Water Cl P #17 Comments: This project requires approximately 1,030 calendar days with anticipated completion in May of 2017. The amendment will result in the expenditure of an amount not to exceed $1,688,299. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 with Urban Engineering in the amount of $1,688,299, for a total restated fee not to exceed $1,738,035 for Nueces River Raw Water Pump Station for preliminary, design, bid, and construction administration services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET NUECES RIVER RAW WATER PUMP STATION FUNDS AVAILABLE: Water CIP (Current).................................................................................... $2,414,700 Water CIP (Future)...................................................................................... $18,785,300 TOTAL..................................................................................................... $21,200,000 FUNDS REQUIRED: Construction Estimate for Pump Station (Including contingency)........................... $10,619,300 Construction Estimate for Transmission Main (Including contingency).................... $2,999,900 Engineer Fees: Engineer- Original contract (Urban Engineering)............................................... $49,736 Engineer-Amendment No. 1 THIS CONTRACT (Urban Engineering)................... $1,688,299 Construction Observation Services (Estimate).................................................. $400,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)...................... $238,336 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt)........................... $408,576 Misc......................................................................................................... $68,096 TOTAL..................................................................................................... $16,472,243 PROJECT BUDGET BALANCE.................................................................... $4,727,757 Note: Urban Engineering was awarded for this project through RFQ No. 2011 -05. » PUMP BLDG #1 REHAB I J / i NUECES RIVER RAW ', WATER PUMP STATION r` I ,Y I TRANSMISSION MAIN V uumm r I PUMP BLDG #2 REHAB 1l 1 J,/o,, (f/�/orb�i,,,ii�lmll'J// �% % I � k /;;✓ , ,, ,J ,/ ��„��, (r„ ,,, �/ %/il",, / r / luxlr TREATMENT PLANT �f e �/� l/< v mra91/ uPar(1 Hir6 �r NECT TO RAW CON if/ lip fjllrlf ' '' ii a o VYrr,, W E " ATER INFLUENT BOX J / Y ; o � // / , / /// �/ I �/ VV ➢;Idly,�Il II � i rr l r. LOCATION MAP NOT TO SCALE PROJECT# E11068 NUECES RIVER CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS RAW WATER PUMP S TA TION PAGE: 1 OF 1 o ch G 4-j P"' N CL 4-a N 4' 4 oa � O a� *PEI a� zE 00. U m V 9� I r w � V k�I I �i �I r r Ill L, /�L'w 0 .� (( I� o AV _ fa ���dlllllluuuuII U)0. pm uui°i Jew V1 C. O Q., qa� ♦..r � V uer � AON 0 }OO }daS M I find fa 0 22 E 1 n U aunr C: 0 r-+ AeV Jdd Q O U O r..+ qa=l 4-J U V Uer m U (J J 39(] 4-J cn AON U C: V 130 V 0 }daS 0 O End 0 m inr Illio uuoo � aunr Q Aew }r U add a--+ Jew E U � qa� }r (/� fa uer W +�.+ Oaa AON V U r-I 1OO •O .O 0 l }daS L L 0 O snd a N �1Bi zE L 0 Ui u " 0 0 0 0 0 (D CF) 0 co CY) U)0- 0 0 0 00 CY) CF) 0 01- LO I-- CY) 0 CY) CF) 1-- 04 0 0 04 1-- L—a. V7 L6 6 cr� cr� cr)- C6 6 L6 C14- r-: 0 CO 0 CF) I- co 0 1-- 04 U I- 1-- 04 (D CF) 69- (D I- I-- I- I-- V 04 CO 0 04 1-7 69- 6')- V7 69- 04 69- 69- 69- 69- 69- 69- 6,)- 0 0 4-j 04 CY b,O al C LL C: CY) 0 LU D CD CU 0 D 4-j CD O) o C: cn cu cu O C: (1) Z E O) o 70 0 0 c cn 5 Lu (.) LU (1) 70 cn C: cl) cn CU E CU Q cn -2 cu U) cu Ci Z 1 0 C: 0 cu cu 0 — E TE E E CU 70 Cl) c: U) Cl) Cl) iji C)) (1) -0 C: D D LULU (i) -c: E 0 LU LL W c c a) 0 < C: E m c .0 0 LL .2 a) H cu &-. L L t i2 U -0 ) j O 2 2 IS IS IS D w cn cn -- -- -- cn z z c c E 0 CU CU 0 U, 0) 0) C: 0 0 0 o LL LL C) C) Lu Lu Lu 00 0� a. z CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 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 Urban Engineering, a Texas corporation, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Nueces River Raw Water Pump Station (Project No. E11068) -The Nueces River Raw Water Pump Station is located on the Nueces River and utilizes two separate pump buildings to deliver water from the river to the O.N. Stevens Water Treatment Plant (ONSWTP). Pump Building No. 1 was constructed in 1954 and was provided with four vertical turbine type pumps. Only two of the four pumps are functional at this time. Pump Building No. 2 was constructed in 1981 and contains four dry-pit centrifugal pumps. The maximum daily water demand treated at ONSWTP has been 111.7 million gallons daily (MGD), and the pump station has been unable to meet the peak demands. Currently Mary Rhodes Pipeline is providing an additional 30 MGD of raw water to ONSWTP to meet the demand requirement of the City, but this demand amount cannot be assured, should additional pumps go out at the Nueces River Pump Station. This contract provides for the design and construction to improve the pumping capacity and reliability of the Nueces River Raw Water Pump Station. The scope of work for this contract includes improvements of pump station and raw water transmission main. The pump station improvements will be evaluated and designed for a minimum peak hourflow rate of 200 MGD, but the number of pumps installed will be phased with initial flows expected to be in the 140 to 177 MGD range with space for future pumps to provide flow capacity to meet the anticipated requirements over next 50 years. Urban Engineering was selected as the A/E Consultant for this project through RFQ No. 2011 - 05. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Amendment No. 1 Exhibit"A" and "A-1", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. 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 Contract for Engineering(A/E)Services Pagel of 4 K:IENGINEERING DATAEXCHANGEIJENNIFERIWATERIE11068 NUECES RIVER RAW WATER PUMP STATIONIAMENDMENT NO.11CONTRACTICONTRACT PG 1-3.DOC 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 Executive Director of Public Works. Workwill not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Amendment No. 1 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 Executive Director of Public Works. The Executive Director of Public Works may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Amendment No. 1 Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Amendment No. 1 Exhibit "A", for providing services authorized, a revised fee not to exceed $1,688,299 (One Million Six Hundred Eight-Eight Thousand Two Hundred Ninety-Nine Dollars and Zero Cents), for a total restated fee of $1,738,035 (One Million Seven Hundred Thirty-Eight Thousand Thirty-Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Amendment No. 1 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.) Contract for Engineering(A/E)Services Page 2 of 4 K:IENGINEERING DATAEXCHANGEIJENNIFERIWATERIE11068 NUECES RIVER RAW WATER PUMP STATIONIAMENDMENT NO.11CONTRACTICONTRACT PG 1-3.DOC 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 Executive Director of Public Works. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering(A/E)Services Page 3 of 4 K:IENGINEERING DATAEXCHANGEIJENNIFERIWATERIE11068 NUECES RIVER RAW WATER PUMP STATIONIAMENDMENT NO.11CONTRACTICONTRACT PG 1-3.DOC CITY OF CORPUS CHRISTI URBAN ENGINEERING ------------- Natasha Fudge, P.E., Date ",--James"L. Urban, P.E., Date Acting Director, Capital Programs Principal 2725 Swantner Drive Corpus Christi, Texas 78404 RECOMMENDED A, (361) 854-3101 Office (361) 854-6001 Fax 6p6rafirfg Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E 11068 for$1,147,482 Fund Source No: 550950-4091-00000-E11068 Fund Name: Water 2012B CIP (RevBds) Encumbrance No: Project No: E11068 for $540,817 Fund Source No: 550950-409�3-00000-E1 1068 Fund Name: Water 2013 CIP (RevBds) Encumbrance No: Contract for Engineering(AIE)Services Page 4 of 4 K.kENGINEERfNG DATAEXCHANGE\JENNIFSRkWATER\EI1008 NUECES WER RAW WATER PUMP STAMNUMENDMENT NO.1=NTFZACnCONTRACT.DOC EXHIBIT"A" CITY OF CORPUS CHRISTI,TEXAS NUECES RIVER RAW WATER PUMP STATION AMENDMENT NO. 1 PROJECT NO. Ell 1068 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) Provide scope of geotechnical testing requirements to the Geotechnical Sub- Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Prepare preliminary opinions of probable construction costs for the recommended improvements. g) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. h) 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. i) Identify and recommend public outreach and community stakeholder requirements. j) Prepare a Design Memorandum 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). Design Memorandum content shall follow the guidelines described in Exhibit A-1. k) 1. Submit one(1)copy in an approved electronic format, and one(1) paper copy of the Draft Design Memorandum. 1) Hold Project review meeting with City staff to review and receive City comments on the Draft Design Memorandum. m) Assimilate all review comments of the Design Memorandum and provide one(1)set of the Design Memorandum (electronic and hard copies using City Standards as applicable)suitable for reproduction. n) Assist City in presenting summary of Design Memorandum findings to City-appointed capital project oversight committee having responsible charge of vetting preliminary AMEND.NO.1 EXHIBIT"A" Page 1 of 9 project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. WE to coordinate with City Operating Department). e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and pB& for the intended purpose of this project An 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 Design Memorandum. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24°x 36" plan sheets that can be reduced to 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets,warning and barricades,as well as standards sheets for barricades,traffic control plan,work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one set of 30% submittal (electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with investigation reports,specification index,design calculations,economic justifications for design selections, preliminary estimate of probable construction cost, layout plans, piping and instrumentation diagrams and conceptual elevations. f) Hold Project 30% 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) Furnish one (1) set of the interim plans and specifications (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. AMEND.NO.1 EXHIBIT"A" Pa e2of9 1. Required with the interim plans is a "Plan Executive Summary"which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. h) 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. i) Provide one (1) set of the pre-final plans and bid documents (100% submittal - electronic and full-size hard copies using City Standards as applicable)to the City staff for review and approval purposes with revised estimates of probable costs. j) Hold Project 100%review meeting.Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments,and incorporate any requirements into the plans and specifications,and advise City of responding and non-responding participants as appropriate and,upon Notice to Proceed. k) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable)suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 1) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim,pre-final(if required),and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are reguired(and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee.Consultant has not adeguateiy addressed City-provided review comments or provided submittals in accordance with City standards.. m) 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. The City staff will: a) Designate an individual to have responsibility,authority,and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Capital Programs' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. AMEND. NO.1 EXHIBIT'W' Page 3 of 9 d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Capital Programs 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. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding,maintain the list of prospective bidders,receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents forthe contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents.This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor-provided construction"red-line"drawings. Prepare Project record drawings and provide a reproducible set and electronic file(AutoCAD r.14 or later) within two(2) months of final acceptance of the project.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. AMEND.NO.1 EXHIBIT"A" Pa e4of9 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 Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall,with written authorization by the Executive Director of Public Works, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessaryfor all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) TxDOT utility and environmental permits, multiple use agreements 2. Topographic 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) 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. h) Locate improvements within the apparent ROW. i) Locate and identify trees, at least five inches in dia.within the apparent ROW. j) Generate electronic planimetric base map for use in project design. 3. 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. 4. Public Involvement. N/A AMEND. NO.1 EXHIBIT'W' Pa e5of9 5. Subsurface Utility Investiaation 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. 6. Construction Observation Services. To Be Determined 7. Start-up Services. a) Provide on-site services and verification for all start-up procedures during actual start-up of major Project components,systems,and related appurtenances if needed and required. b) Provide Pump Factory Testing Witness. Provide a representative to travel to the pump manufacturer's testing facility to witness the factor testing of the pump to confirm performance requirements. c) Provide training support to plant operating personnel on the project objectives, design intent and system operational procedures to supplement that being provided by the Contractor and equipment manufacturers. A total of 4 training support sessions that will last approximately 4 hours are planned. The training will be both classroom and hands-on and is intended to supplement the information presented in the O&M Manual. Training support budget is limited to a total of 48 hours. AMEND.NO. 1 EXHIBIT"A" Pa e6of9 8. Warranty Phase. Provide 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. 9. Electronic O&M Manual. Provide electronic operation and maintenance manual as described in Exhibit A-1. 10. Project Manual. Provide project manual services as described in Exhibit A-1. 11. Existing Transmission Main Video Inspection. . Provide video inspection services of existing transmission mains as described in Exhibit A-1. 12. Pump Building No. 1 Wet Well Underwater Inspection. Provide underwater inspection services of Pump Building No. 1 as described in ExhibitA-1. 13. Asbestos Survey. Provide asbestos survey services of existing buildings as described in Exhibit A-1. 14. Pump System Hydraulic Modeling. Provide modeling services of proposed pumping system as described in Exhibit A-1. 15. Windstorm Certification. Provide windstorm certification services as described in Exhibit A-1. 16. SCADA Documentation. Provide SCADA documentation services as described in Exhibit A-1. 17. Control System URS. DFS and SOO. Provide control system services as described in Exhibit A-1. 18. Existing Instrumentation Evaluation. Provide instrumentation evaluation services as described in Exhibit A-1. 19. Additional Documentation Verification. Provide additional documentation verification services as described in Exhibit A-1. 20. Electrical Distribution System Modelina. Provide electrical distribution system modeling services as described in Exhibit A-1. 21. Geotechnical Investigation Program. Provide a geotechnical investigation program as described in Exhibit A-1. 22. Engineering Services For Workshops and Various Additional Tasks. Provide additional engineering services as described in Exhibit A-1. AMEND.NO.1 EXHIBIT"A" Pa e7of9 Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit"A". Note:The Exhibit"A-1"Task List does not supersede Exhibit"A". II. SCHEDULE Day Date Activity Friday August 15,2014 NTP Wednesday November 5,2014 Draft Design Memo Subm Thursday November 27,2014 City Review Thursday December 18 2014 Final Design Memo Subm Tuesday February 17, 2015 30% Design Submittal Thursday March 12 2015 City Review Tuesday June 9,2015 60% Design Submittal Thursday July 2 2015 City Review Tuesday August 25, 2015 100%Submittal Thursday September 17 2015 City Review Monday October 12 2015 Final Submittal Monday October 19 2015 Advertise for Bids Thursday November 5,2015 Pre-Bid Conference Wednesday November 18 2015 Receive Bids Tuesday December 29,2015 Contract Award Thursday January 28 2016 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 in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3,the statement will be based upon A/E's estimate(and with City's concurrence)of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. AMEND.N0. 1 EXHIBIT"A" Pa e8of9 B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B."Additional Services,"the City will pay the A/E a not-to-exceed fee as perthe table below: Summary of Fees AMENDMENT NO. 1 TOTAL ORIGINAL CONTRACT Pump Station Trans Main BASIC SERVICES 1 Preliminary Phase $49,736.00 $204,750.00 $58,900.00 $313,386.00 2 Design Phase 0.00 452,600.00 133,000.00 585 600.00 3 Bid Phase 0.00 15,500.00 4,700.00 20 200.00 4 Construction Administration Phase 0.00 150,150.00 44,200.00 194,350.00 Subtotal Basic Services 49,736.00 823,000.00 240,800.00 1,113,536.00 ADDITIONAL SERVICES 1 Permit Preparation xDOT) 0.00 0.00 3,070.001 3,070.00 2 Topographic Survey 0.00 6,780.00 7,530.00 14,310.00 3 Environmental Issues 0.00 4,680.00 0.00 4,680.00 4 Public Involvement 0.00 0.00 0.00 0.00 5 Subsurface Utility Engineering SUE 0.00 0.00 28,810.00 28 810.00 6 Construction Observation Services 0.00 TBD TBD TBD 7 Start-up Services 0.00 37,550.00 0.00 37 550.00 8 Warranty Phase 0.00 21,010.00 3,950.00 24,960.00 9 Electronic O&M Manual 0.00 35 810.00 0.00 35 810.00 10 Project Manual 0.00 37,480.00 0.00 37 480.00 11 Existing Trans Mains Video Inspection 0.00 0.00 139,900.00 139 900.00 12 PB#1 Wet Well Underwater Inspection 0.00 5,040.00 0.00 5,040.00 13 PB#1 Asbestos Survey 0.00 5,310.00 0.00 5,310.00 14 Pump System Hydraulic Modeling 0.00 30 330.00 0.00 30 330.00 15 Windstorm Certification 0.00 10 040.00 0.00 10 040.00 16 SCADA Documentation 0.00 63 867.00 0.00 63 867.00 17 Control System URS. DFS, and SOO 0.00 29,990.00 0.00 29,990.00 18 Existina Instrumentation Evaluation 0.00 14,169.00 0.00 14 169.00 19 Additional Documentation Verification 0.00 8,068.00 0.00 8,068.00 20 Electrical Distribution System Modeling 0.00 60,415.00 0.00 60 415.00 21 Geotechnical Imestigation Program 0.00 5,980.00 16,720.00 22 700.00 22 Various Workshops and Additional Engineedna Tasks 0.00 48,000.00 0.00 48,000.00 Subtotal Additional Services 0.00 424,519.00 199,980.00 624 499.00 TOTAL FEE $49,736.00 $1,247,519.00 $440,780.0 $1,738,035.00 -- - - _ _ -- 03/06/13 - -I-_-_ Admin Approval M2014- AMEND. NO.1 EXHIBIT"A" Page 9 of 9 EXHIBIT"A-1" TASK UST CITY OF CORPUS CHRISTI,TEXAS NUECES RIVER RAW WATER PUMP STATION AMENDMENT NO. 1 PROJECT NO. E11068 Basic Services: 1) Meet with Staff to identify project goals,timetables, and review project issues, User Requirements and Engineering Letter Report for project implementation. 2) Project limits for the Raw Water Pump Station are within the existing fenced site of the pump station, other than instrumentation and SCADA improvements at the ONS WTP. Project limit for the new raw water transmission main include the existing waterline easement from the Raw Water Pump Station to the ONS WTP. 3) Provide project management according to recognized and generally accepted good project management practices and standards such as those provided by Project Management Institute. Manage project scope, budget, and schedule. Conduct appropriate workshops to identify all project stakeholders and to define stakeholder management and communication requirements. Conduct appropriate workshops to identify project risks and develop and execute risk prevention and mitigation measures. 4) 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. 5) Contact Texas One-Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 6) Attend and participate in project kickoff and planning meetings(2 meetings)with City staff to discuss planning and conceptual design. 7) Develop a Geotechnical Investigation Program for preliminary design and submit to City for Testing Laboratory selection. 8) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 9) Prepare one (1) hard copy and one (1) electronic copy of the Design Memorandum including data collected, approach and opinions of probable construction costs for the anticipated improvements and make recommendation AMEND.NO.1 EXHIBIT"A 1" � waTER1E11068 M ECES RNER RAW WATER PUMP STATtONBAb MMENT Ito.I= a 1 Of 10 to the City staff. Design Memorandum shall follow the outline guidelines provided as page 3 of Exhibit A-1 and shall include identification and selection of alternative pumping solutions (such as stand-by diesel pump skid) or alternative AC power source (such as stand-by diesel generator). 10) 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. 11) All submitted PDF documents shall be bookmarked for ease of navigating to key parts and sections of the document. 12) Develop and maintain Action Items Log and Decisions Log according to Owner- provided format and samples: Maintain the logs throughout duration of the project. Submit after each deliverable and review meetings. 13) Re-frame engineering efforts from designing fully-custom sub systems(such as pumping skids) to identifying Commercial Off-The-Shelf (COTS) and Non- Development Items(NDI)components and sub-systems with standard interfaces that can be easily Integrated into the project. Select components that minimize integration effort (for example, pumping skids with built in flow controls and measurement) 14) Design Phase Deliverables a. 30% Submittal 1) Investigation Reports 2) Specification Index 3) Design Calculations For All Disciplines 4) Economic Justification For All Design Selections 5) Preliminary Estimate Of Probable Construction Cost 6) Layout Schematic Drawings 7) Piping and Instrumentation Diagrams 8) Conceptual Elevations 9) Review Meeting b. 60% Submittal 1) Preliminary Front-end documents 2) Draft Technical Specifications 3) Set of 60% Level Of Plan Completion 4) Review Meeting c. 100% Pre-Final Submittal 1) Completed Front-end Documents 2) Completed Technical Specifications 3) Response to City's 60% Review Comments 4) Estimate Of Probable Construction Cost 5) Completed But Unsealed Final Plans 6) Review Meeting AMEND.NO.1 EXHIBIT"A-1" neaVQ �IIOW NUEM wvM RAW WAMR KW sTATto�aa M teal t e 2 of 10 d. Final Submittal 1) Sealed Front-end Documents/Technical Specifications 2) Response to City's 100% Review Comments 3) Final Estimate Of Probable Construction Cost 4) Sealed Set of Final Plans 5) CD with electronic copy of Bid Documents 15) Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. Provide 30%, 60%, pre-final (100%) and final submittals. 16) Provide project control and quality review of senior staff to insure project quality and completeness. Perform quality assurance and quality control (QA/QC) of internal design development processes. 17) Prepare opinion of probable construction costs including contingency amounts. 18) Address comments received from the City for the pre-final submittal. 18) 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. 20) Update the opinion of probable construction costs. 21) Provide Bid Phase Services in accordance with Exhibit 'N of the Contract for Professional Services. 22) Provide Construction Administration Phase Services in accordance with Exhibit 'A'of the Contract for Professional Services. 23) Develop Integration, Verification, and Validation (IV&V) plan for the system. documentation. Develop phased testing and acceptance plan, required testing scenarios, checklists, acceptance and sign-off documentation, installation, commissioning and cutover sequence,and other quality control and acceptance documentation to be used by the contractor. 24) Provide construction observation services at the construction milestones.Ensure contactor's and integrator's compliance with construction plans, specifications, and quality assurance plan.Review and approve acceptance checklists,witness and approve acceptance tests,attest to correct operation of the system per end user's intent and engineer's specification. 25) Coordinate construction observation and inspection with City-designated Construction Manager and/or Inspector. AMENQ.NO.1 EXHIBIT"A-I" Ki6gt 0fte wa noes mmms�pAwwatwt srarroenn xr 1a a e 3 Of 10 26) Plan and conduct final inspection. Assemble, review, and prepare for final inspection all required documentation. Coordinate final inspection with City- designated Construction Manager and/or Inspector.Coordinate roles,activities,and work products of final inspection of all project participants. 27) Conduct final inspection. Complete required commissioning documentation and submit final inspection reports and copies of completed commissioning documentation to the City. 28) Provide the Owner with a signed and dated Certificate of Completion for the project upon successful completion 29) Startup and Commissioning: Engineer to recommend efforts required to start,verify and validate,and bumplessly place into operation a system of this type. Engineer to provide training support to supplement that being provided by the Contractor and equipment manufacturers. 30) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted no later than the last Wednesday of each month. Additional Services: The numbering in the following follows that provided in Exhibit A aril in the Summary Of Fees. See Exhibit A for City's standard descriptions for Items No. 1 to No. S. 9) Electronic 08&M Manual. Prepare and provide a facility Operation and Maintenance Manual for the Raw Water Pump Station and the plant SCADA system. Each manual shall be assembled in one or more appropriately bound volumes, in three (3) complete sets, one of which is to be retained by the Engineer. Manual will be prepared as a hard copy for preliminary review by the City. After Initial review, city comments will be incorporated and a draft PDF electronic manual will be prepared for City review. Final submission will be three sets of printed document and a CD with the electronic PDF file. The PDF file will be able to be downloaded and used on any of the City's computer that has Adobe reader program. Sections and referenced pages will be bookmarked for easy access. Future revisions will be tracked with a Revision Flag. 10) Protect Manual. Continue to develop and maintain a comprehensive Project Manual (developed in the Initial phase) throughout the Iffe cycle of the project following City-approved format and samples. Project Manual shall define project objective, parameters, approach and characteristics as defined in the City approved format. An update of the Project Manual will be submitted with the Design Memorandum and the 30%, 60%, 100%and the Final Submittals. 11) ExhMna Transmission Main Video Inspection. Provide a video inspection of AMEND.NO.1 EXHIBIT"A-1" K o aeoWEKK7ER►wn�»oes wueces RIVER RAW WATER PUMP STATMO UMMM KQ AC a e 4 of 10 the twin 54" diameter concrete pressure pipes that move raw water from the intake structure to the O. N.Stevens Water Treatment Plant. A video inspection company will examine the interior conditions of the concrete pressure pipes and provide a written report, photos, and video detailing all conditions observed. Before the video inspection can occur,the existing concrete pressure lines will have to be tapped at certain locations so that the video inspection equipment can be inserted into the pipeline. It is estimated that three locations will need to be tapped each costing$21,400(two taps,one for each main,at each location). 12) Puma Building No. 1 Wet Well Underwater Inspection. Provide an underwater inspection of the existing Pump Building No. 1 raw water intake structure. A diver will examine the submerged concrete and steel elements both inside and outside of the existing structure and provide a written report detailing all conditions observed, including photographs and sketches where applicable. 13) Asbestos Survey. Provide asbestos survey of the existing buildings to be modified. The survey shall determine the location, condition and quantity of materials suspected of containing asbestos. The survey shall include a visual inspection, sampling and laboratory analysis of suspect asbestos containing materials. Survey to be performed by an individual licensed or registered with the Department of State Health Services. 14) PumR System Hydraulic Modeling Determine existing and future conditions for the raw water transmission mains and ONS WTP influent structure and provide detailed hydraulic computer modeling to evaluate the system conditions to select the most efficient new pumps for Pump Building No. 1 and to verify compatibility with the existing pumps in Pump Building No. 2. 15) Windstorm Certification. Provide engineering services to obtain windstorm certification on the renovated Pump Building No. 1 and for the new Electrical Control Room including preparation of a WPI-1 for each building. The buildings will be inspected during the construction phase by a Texas I-ioensed Professional Engineer approved by the Texas Department of Insurance. At completion of the construction provide a WPI 2-BC-5 Inspection Verification Form and obtain the WPI-8 Windstorm Certificate. 16) SCADA Documentation. Provide a 60%review workshop and a 100%review workshop for the review of the SCADA documentation required to coordinate effort of the design team and the Utilities Department. SCADA specifications shall follow those developed for the Mary Rhodes Pipeline Phase 2. Provide the project documentation close out workshop for the completion of the review of the additional SCADA documentation required to coordinate efforts of the design team and the Utilities Dept. Provide Quality Assurance(QA)and Quality Control (QC)of the SCADA plans and drawings. Provide meetings with the contractorto coordinate the effort of the contractor's commissioning efforts. Travel to the vendors shop for acceptance testing and to the site to verify the function and AMEND. NO.1 EXHIBIT"A-1" Ki6 6tp WATER1E11068 NUFCES RNER RAW WATER PLMW STAT1ONMIMOMENT NO.ACC a e�5 of 10 I completeness of the SCADA system. Provide site inspection services to verify the SCADA system installation. Provide record drawing documentation of the additional SCADA drawings and documentation. Provide engineering services for developing the following: a) Developing the commissioning process, along with the Contractor, for the SCADA system. b) Developing the Integration Verification Validation Document used as part of the commissioning process to verify all parts of the SCADA system.Develop phased testing and acceptance plan for the new control system. Develop all required testing scenarios,checklists,acceptance and sign-off documentation,installation and cutover sequence,and other quality control and acceptance documentation to be used by the contractor. c) Developing the control system configuration parameters to be used as part of the commissioning process to verify the configuration of the SCADA system. d) Developing the check list that will be the basis of the Factory Acceptance Test (FAT)conduoed on the SCADA system. This document will be used as part of the commissioning process to verify the function of the SCADA system before it is shipped to the site. e) Developing the check list that will be the basis of the Site Acceptance Test (SAT)conducted on the SCADA system. This document will be used as part of the commissioning process to verify the function of the SCADA system after it is installed on the site. 17) Control System URS, DFS and SOO. Provide engineering services for soliciting from the Utilities Department, confirming and managing the User Requirement Specifications (URS)to define the control system requirements. Provide engineering services for developing the Detailed Functional Specification.(DFS)of the control system. The DFS is based on the URS and is part of developing the Sequence of Operations (SOO). Provide engineering services for developing the SOO of the control system. The SOO is based on the DFS and is intended to assist the Utilities Department in refining the control system strategy. Upon successful start-up and commissioning, update Detailed Functional Specification and Sequence of Operation, if required, and submit to Owner with Record Drawing documentation. 18) Existing Instrumentation Evaluation. Provide engineering services for evaluating with the Utilities Dept the existing process and control instruments and existing analytical instruments in regard to function and new technology. 19) Additional Documentation Verification. Provide verification of contractor compliance to the additional documentation requirements required for this project. 20) El-ectrical Distribution System Modeling. Provide detailed modeling and analysis of the normal and standby power distribution system. Develop relay settings, coordination curves,fault current calculations, load flow, and arc flash AMEND.NO.1 EXHIBIT"A-1" T�i1Et100 HUEM NM RAW MIM PUW sraroWAMWWDrr Na 1 6 of 10 i information for this project. 21) Geotachnical Investigation Program. Provide geotechnical engineering services for the projectto explore subsurface soil conditions,obtain physical soil properties by laboratory testing and provide foundation design recommendations for the new structures and pipeline. 22) FnuIneering Services For Workshops and Various Additional Tasks. Conduct necessary workshops to confirm user requirements and to identify additions or changes to the requirements that may be discovered throughout the design process: Solicit,capture, record and manage change requirements from various stakeholders throughout the life cycle of the project. Field verify as-builts submitted to Engineer by Owner as much as reasonable without undue demolition or disturbance of existing conditions. Engineer shall not assume that as-builts from previous projects correctly represent the facility as it exists today. Identify pre-treatment chemical storage and feed system space (footprint)and expected power and communication requirements. Provide the services of a Design Quality Control Committee (DQCC).The DQCC will be led by a Senior Engineer that will meet independently from the Design Team to review the 30%, 60% and 100% Pre-final progress milestone submittals for technical merit, completeness of the drawings and specifications, and interdisciplinary coordination prior to submittal to the City.The Design Team and the DQCC will meet to review and resolve DQCC comments and suggested modifications to the progress milestone submittals. The comments and resolutions will be documented in a memorandum.The DQCC will be responsible for the following focused areas of review for each design submittal: • Consistency with the intent of the design concepts established in the Preliminary Design • Technical merit • Conformance with Engineer's Design Checklist • Conformance with Regulatory Agency Criteria and Development Services Design Checklists • Constructability • Operability and Maintainability" Upon successful completion of the project obtain acceptance signatures from system Owner, Project Manager, Construction Manager, and Inspector. Upon successful startup and commissioning, conduct"Lessons Learned"workshop with project participants. Document and submit to the City a log of lessons teamed and recommendations for improvement to project procurement process. AMEND.NO. t EXHIBIT"A-1 Kifthva&V o&WE,o txW+wnMM110W RUE=RNM ruwwart PUMP STAMONMMOWNT NO 1=J @ 7 Of 10 Outline for Design Memorandum 1_Executive Summary a. Project Description b. Purpose and Objective of Memorandum c. Description of Main Deficiencies that Project is addressing d. Summary Updated Alternatives Evaluation Matrix e. Recommendation for Proposed Improvements f. Preliminary Opinion of Probable Construction Costs g. Project Design and Construction Schedule h. Project Location and Preliminary Site Layout on Aerial Photo 2. Introduction a. Scope of Work b. Results and Findings of Preliminary Study(Brief Summary of ELR) c. Review of Existing Site Conditions: Utilities;Topography; Soils; Flood Zones d. Potential impact of site conditions to Project e. Identify Need and Tlmellne for Utilities relocation f. Identify Need and Timeline for Property Acquisition g. Identify Regulatory and Permitting Requirements h. Impact to Water System and Coordination with Other Projects 3. Proposed Improvements a. Design Basis for Water System b. Primary Design Criteria S Assumptions-including Design Capacity/Flow Rate, redundancy, compliance with Master Plan/CIP c. Standards-including applicable codes, guidelines, regulations,and other references that will be followed d. Narrative Descriptions Including performance criteria for all systems site conditions, operational and maintenance requirements and compatibility with other system components e. Agency and Approval Requirements f. Existing Easement/Right-of-Way and Utilities Relocation Requirements g. Existing/Proposed/Issues h. Construction Sequencing I. Major Activities j. Construction Sequences Construction Phasing k. Recommendations and Alternatives 4. Alternatives Evaluation and Opinion of Probable Construction Costs a. Required Improvements b. Detailed Alternatives Evaluation with Evaluation Matrix and Evaluation Criteria c. Recommendations S. Geotechnical Study S. Topographic Survey(and DTM as applicable)and Boundary Survey(legal description/Metes&Bounds survey, new/revised easements, plats...) 7. Detailed Project Schedule from Design through Construction in Excel or MS project Format S. Design Calculations(Preliminary calculations, Hydraulic grade lines) 9. Other Project Specific Studies as applicable:Wetlands Delineation, Modeling ... 10. ExhibilsiSchematics: Location Map,Aerial Photos, Proposed Layout(s), Photos, Base Maps... AMEND.NO.1 EXHIBIT"A-11" ICSFJVheo ft ATERiEI IOW NUECES RNER RAW WATER PWNP STATtOMAAU MAMW NO.NCO a 8 SS Of 1 O PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST NUECES RIVER RAW WATER PUMP STATION IMPROVEMENTS City Project No. E11068 Mark Maroney, P.E. September 18,2013 PHASE 1 -PUMP STATION IMPROVEMENTS ITEM DESCRIPTION AMOUNT 1. Bonds and Insurance $120,00 2. Move In and Move Out $200,000 3. PB#1 Building Refurbishment $300,00 4. PB#1 Two New 21,000 GPM Vertical Turbine Pumps $1,350,00 5. PB#1 New Pipe, Valves and Fittings $350,000 S. PS#2 Building Refurbishment $37,800 7. PB#2 Pump and Motor Refurbishment $150,000 8. PB#2 Pipe and Valves Refurbishment $75,000 9. PB#2 Provide New Climate Controlled Office $36,000 10. Temporary Backup Engine Driven Pump $150,000 11. Add Pump Station Flow Metering $54,00 12. Replace 5 Exist.48"Buried Butterfly Isolation Valves $425,00 13. Replace Existing Air Release Valves on Trans. Main $46,40 14. New Electrical Control Room $509,80 15. New Electrical Gear/MCCs/Control Panels $2,850,200 16. One New Emergency Generator $770,500 17. New Underground Duct Banks $201,000 18. PB#1 Electrical $141,300 19. BP#2 Electrical Improvements $148,200 20. Demo Existing MCCs and New Site Electrical $50,00 21. Add Automated Access Control Gate $65,000 22. Plant Road and Parking Improvements $50,000 23. Perimeter Fence Refurbishment $23,200 24. UdIfty Allowance $50.000. SUB-TOTAL ESTIMATED PROBABLE COST $8,153,400 Contingencies at 30% $2,465,90 TOTAL ESTIMATE OF PROS.CONSTRUCTION COST $10,619,300J. Engineering Letter Report Pre].Estimate of Probable Cost Urban Engineering =EXHIBDff NO.1 "A 1" f10 PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST NUECES RIVER RAW WATER PUMP STATION IMPROVEMENTS City Project No.E11068 Mark Maroney, P.E. September 18,2013 PHASE 1 -54" RAW WATER TRANSMISSION MAIN QTY.+ UNIT ITEM DESCRIPTION 5% UNIT PRICE AMOUNT 1. Move In/Move Out 1 LS $50,000 $63,000 2. Bonds 1 LS $30,300 $37,600 3. 54"Die.Transmission Main 5145 LF $345 $1,775,025 4. 54"Die.22.6°to 450 Pipe Bend 3 EA $7,500 $22,500 5. 54"Die.67.60 to 900 Pipe Bend 2 EA $9,000 $18,000 6. 54"Butterfly Valve 2 EA $60,000 $120,000 7. 72"Die. Casing Installed by Boring 357 LF $1,000 $357,000 9. Air Release/Surge Release Chamber 3 EA $10,000 $30,000 10. Slow-off Valve 3 EA $10,000 $30,000 11. Guard Post 3 EA $350 $1,050 12. Metal Post with Sign 4 EA $125 $500 13. Tie to Existing Structure at WTP 1 LS $20,000 $20,000 14. 8"Flexible Base 270 SY $15 $4,050 15. 1-1&'HMAC Pavement Repair 270 SY $25 $6,750 16. Concrete Curb and Gutter 42 LF $35 $1,470 17. Concrete Sidewalk 189 SF $5 $945 18. Trench Safety 4800 LF $1 $4,800 19. 4"PVC for Fiber Optic 5145 LF $15 $77,175 20. V Fittings 5 EA $250 $1,250 21. Pull Boxes/Junction Boxes 5 EA $1,500 $7,500 22. Traffic Control 1 LS $10,000 $10,000 23. IMandatory Utility Allowance 1 LS $20,000 $20,000 SUB-TOTAL ESTIMATED PROBABLE COST $2,608,615 Contingencies a@ 15% $391,285 TOTAL ESTIMATE OF PROBABLE CONSTRUCTION COST $2,989,900 Engineering Letter Report Est of Probable Cost Urban Engineering AMEND.NO.I EXHIBIT"A-1" Pa �10of10 i I EXHIBIT"B" MANDATORY INSURANCE REQUIREMENTS&INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury& Property Damage non-renewal or material change required Per occurrence- aggregate on all certificates COMMERCIAL GENERAL LIABILITY $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 AMEND.NO.1 EXHIBIT"B" Pa 1 of 3 K uW18 for urge-kmfw o a b dkw0an doa 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 Consultants 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 parries hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes.All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi,TX 78469-9277 Fax: (361)826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: I. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance° clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Ili. 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 ND.NO. 1 "B"Page K + ng B raw Large-w ww=6 kW=Mkt W",4 oa 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 Consultants 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 Consultants 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. AMEND.NO. 1 EXHIBIT"B" Pane 3 of 3 Ki8VhM M DftedWWUEMWEMF0RMMdftft B for Una-dmu=&bWMMMC9tkM door I a Lrj Lo C CD- 1 7 to € cC? I c � C� 0 Ck co H coI� r �- C to ca co C a l * 1008 C MCI i PRO AMEND,NO I EXHIBIT" ", pay ll SUPPLIER NUMBER TO BE ASSIGNED BYr1TY- PURCHASING DIVISION f CITY OF CORPUS CHRISTI � DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: URBAN ENGINEERING P.O.BOX: N/A CORPUS 78404 STREET ADDRESS: 2725 SWANTNER DR. CITY: C�� ZIP: FIRM IS: 1. Corporation 8 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessai�+,please use the reverse side of this ppaagge�or attach separate sheet. 1. State the names of each `employee" of the City of Corpus"Christi havinS an "ownership interest"constituting 3%or more of the ownership in the above named"firm' Name Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm. Name Title 1414 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 Consultant Ki(A, FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter unless the interest of the City official or employee in the matter is parent. The disclosure shall also be made in a signed writing filed with the City Secretary. [hhics 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: V icG (f. dirwo Title: {-U)JCtfp44-- (Type or Print) Signature of Certifying Date: `. Z• t 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. E "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held"refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements" g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. se ' AGENDA MEMORANDUM G Future Item for the City Council Meeting of July 22, 2014 Action Item for the City Council Meeting of July 29, 2014 DATE: July 8, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services mic aelar cctexas.com 361-826-3735 Purchase Consulting Hours from Infor (US), Inc. CAPTION: Motion approving the purchase of additional consulting hours from Infor (US), Inc., Alpharetta, GA, for a total expenditure of $349,400. The acquisition of these consulting hours is available only from Infor (US), Inc. Contingency funds from the Infor ERP Project will be used for this purpose. PURPOSE: Provide additional Infor consulting support of the City's implementation of Infor ERP software for the duration of the project. BACKGROUND AND FINDINGS: The project team has evaluated and identified that the City's project resources are challenged with resource commitments. Additional support resources and more on-site time for the Infor project team will assist in keeping the project activities on-track and provide additional advice and guidance supporting knowledge transfer to the business teams. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Department. 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 $1,842,888.14 0 $1,842,888.14 Encumbered / Expended Amount This item $349,400.00 0 $349,400.00 BALANCE $1,493,488.14 $1,493,488.14 Fund(s): Municipal Information Services. Comments: The $349,400 financial impact shown above is available in the contingency funds associated with this project. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Infor Change Order +r CHANGE ORDER INTRODUCTION This Change Order document("Change Order") is subject to all terms and conditions of the Software Services Agreement(or, if applicable,the Professional Services Agreement)between Infor and Licensee with an Effective Date of May 15, 2013 (the"Services Agreement") and constitutes a change to the Services Work Order("Work Order") dated May 15,2013. All terms of the Services Agreement and Work Order are incorporated herein by reference. Capitalized terms not defined in this Change Order are defined in the Services Agreement or Work Order. In the event of a conflict,the terms of this Change Order control over the terms of the Services Agreement and Work Order. 1.0 MiANGE Licensee(customer) City of Corpus Christi Project Name ERP Implementation Project Number 32381430 Project Manager Hank Suenkel Project Phase Establish Product(s) Full ERP Implementation Work Order Number Exhibit 10 to Master Contract Change Number 3 Issue Number 1,2 Description Issue 1 -Project Stage 3;Talent Management Project Phasing Issue 2—Project Stage 1 and Project Stage 3:Additional Finance 1 Procurement and Talent Management support resources for acceptance test, system test and full scale test Requestor Tracy Andreadis Identified Date 2127/14 Prepared By Rebecca Langren—Hank Suenkel o- tY 1.1 Preliminary identification and assessment Describe the change in detail Issue 1 Based on discussions and planning for the overall implementation it has been determined to modify the original deployment dates of the below applications from their originally planned dates as included in the Statement of Work. These changes result in the following modifications to the original contract/plan: 1. Change in project schedule to split the implementation of Stage 3:Lawson Talent Management (LTM) into two distinct segments. The first LTM implementation will include Global HR and Talent Acquisition and will take place concurrently with the Lawson HR/Payroll implementation. The new,second LTM implementation stage will begin approximately 2 months after the go live of HR/Payroll, Global HR and Talent Acquisition. This new project Stage 3a will implement Learning and Development, Performance Management,and Succession Planning. The project milestone payments will be split over these two stages as detailed below. The first Stage 3 LTM implementation is currently scheduled to go live January 2015. The second Stage 3a LTM implementation is anticipated to go live in phases with the last to go live in October 2015. 2. The implementation of Infor Expense Management(XM)will be changed to go live when the current Enterprise Financial Management(EFM) implementation goes live currently targeted for October 2014. 3. The implementation of Customer Performance Management(Budget and Planning) will be extended by one month. The target go live date is now January 151h 2015. 4. The go live for the EFM and XM applications will be extended by two months to October 1, 2014. This change is to address the change in the beginning of Licensee's fiscal year end from August 1 to October 1. Upon completion of the Full Scale Test scheduled for July,the EFM and XM resources will be off-site until the scheduled go- live prep to being September 1,2014. Issue 2 Based on discussions and planning for the overall implementation it has been determined the Licensee's project testing teams for Stage 1 Finance and Procurement and Stage 3/3a Talent Management project tracks are challenged supporting their day to day work duties and completing their project testing tasks. In addition, loss of two Licensee staff participating in the project has had impact as it may take a number of months to recruit, hire and train replacement staff for the two positions vacated Additional Project Manager time,one(1) additional full time equivalent Infor Finance Business Consultant and one(1)part time equivalent Infor LTM Business Consultant are needed to bolster support for testing efforts and test team knowledge transfer for the associated project tracks. These additional resources will lower the risk of any slippage of testing tasks and deliverables. The additional resources result in the following modifications to the original contract/plan: 1. Additional Infor Project Manager time at 10 additional hours per week for 32 weeks. Additional travel and expense to support additional on-site time at Licensee location. 2 e Change Order(Americas PMO-vSb,Nov.2012) Describe the change in detail 2. One(1)additional Infor Finance Business Consultant full time at 40 hours per week for 10 weeks to support Stage 1:Finance/Procurement track for acceptance test,system test and full scale test. The Finance Business Consultant will also assist with development of test scripts and end user training materials. Consultant will work on- site. 3. One(1)additional Infor LTM Consultant part time at 20 hours per week for 20 weeks and 10 hours per week for 20 weeks. Consultant will work remotely for the majority of support activities. Up to S on-site trips included in change order. Reason for the change Issue 1 Changes to originally planned go-live dates have been modified based on discussions and being made aware of additional details and functionality that Licensee currently has in place on other systems. In order to not lose this functionality and impacting the end-users,dates have been extended for the items listed above to accommodate current system utilization In addition,the change in the Licensee's fiscal year end can most easily be addressed by delaying the go- lives of Infor Finance/Procurement and XM products. Issue 2 The project team has evaluated current testing and identified the Licensee's project resources for Finance/Procurement and Talent Management are challenged with resource commitments and balancing their day to day work load.Additional test support resources and more on-site time for the Infor project team will assist in keeping the project test activities on-track and provide additional advise and guidance supporting knowledge transfer to the business teams.. High level Impact assessment Issue 1:None Issue 2:Reduce risk of test schedule slippage. Additional resources will increase project budget. 1.2 Detailed impact analysis Impact on project plan(including estimated timellnes) Issue 1 The project plan has been updated and extended based on the changes detailed above. The Infor and Licensee Project Managers have agreed to these changes and are reflected in the latest version of the 3 Alle Change Order(Americas PMO-v5b,Nov.20 12) Impact on project plan(including estimated timelines) overall project plan. Issue 2 There is no impact to the project plan, The Infor and Licensee Project Managers have agreed to these additions and will reflect the additional resources and additional project management time appropriately in the project resource plan upon approval of the change order. Target date(for Implementation) Issue 1 Target dates have been modified for those items identified above. All other products remain unchanged and scheduled as initially planned. Issue 2 No modifications are identified to Target dates for Issue 2 items identified above. Impact on resource requirements Issue 1 There is no impact to project resource requirements„ Issue 2 Infor project resource requirements will be increased by a total of 1,;320 hours. Additional risk Issue 1 No additional risk has been identified.. Issue 2 No additional risk has been identi'fied,. Impact on project cost Issue 1 There is no impact to the project cost for these changes, Issue 2 Project Budget will increase a total of �I e Change Order(Americas PMO-v5b„Nov.2012) 0. Impact on project cost Project Stage Current Milestone Total Change Order 003 Revised Milestone Increase Total Stage 1 $203,100,00 Finance 1 Procurement Stage 313a $146®260.00 Talent Management Net Amount of $349,400.00 Change Order Total Contract Change Order 003 Revised Contract Increase Total Net Amount of $4,144,749.00 $349,400.00 $4,494,149.0 Contract The targeted milestone payments and dates have been changed as reflected in iit A. Estimated time and costs listed in this Change Order represent a fixed fee offer and are in addition to the estimates provided in the original Work Order„ Actual project time and cost may vary from the estimates provided.Where a substantial variation from this Change Order is foreseen, both parties must agree in writing to the additional work and document the change in a subsequent Change Order. Other Projects Affected None Who needs to be notified of the change Licenses and Infor Project Managers e Change Order(Americas PMO-v5b,Nov,2612) Comments None 11,,,1ANGE APPROVAII / PAYMENT By signing below, Licensee authorizes Infor to proceed with the work set forth in this Change Order and bill Licensee per the payment terms set forth in the original Work Order for any additional Services fees. Please return a signed copy of this Change Order to Infor PSO. THE PARTIES have executed this Change Order through the signatures of their respective authorized representatives. Infor(US1.Inc. LICENSEE:City of Corpus Christi Signature; Signature: Printed Name', Printed Name Title: Title Address: Address: Address, Address° Signature Date: Signature Date IIII Change Order(Americas PMO-v56,Nov 2012) Exhibit A: Revised Milestone Payment Table CA Aj gg ra CL 3. EL In, 4 .3 a .......... I IL CL —— ---------11 IN Im -AH 7— Change Order(Americas PMO-v5b,Nov.20 12) Exhibit A.- Revised Milestone Payment Table(continued) ma VIM— E Q o 8 23 OR V CA rr — M 0 a CL C C 3 0 m 9! .2D IT 8 21 1 1 9 1 8 a 1 8 1 8 1 8 1 Imd Lr on fA Gm M 4� 8 Change Order(Americas PMO-v5b,Nov 2012) Exhibit A: Revised Milestone Payment Table(continued) � N N,NN N N NNN NIA 5 ca 5 zz� LC z ;ss sac;tea ses,c ;e3�e3 s s s i ifs i s s- It X f4 R a It a n a n IL u !l IR Il IR'q' fl IL IL R IL-fl 9 q • • • 4'q 4 4 4 419 , 1 I I I I I I 1.1 I ' 11 1 I:I� I I I 1 1 fll i"i r s " r • nn ^ gu n $ a �CK i�a H a t Li qS �• r : Q S N ?Y6 M _ � -w ���' yr an�a�e� w � � �•e�tm� ,�'�i .� ��� pp ay°`I 18! �g y,g y zlt ® • i44r�444'44» 4 � ,�� 1 11 88 A Q IIII Change Order(Americas PMO-v56,Nov.2012) Exhibit A: Revised Milestone Payment Table(continued) p ga � MIN i I?' a ' I? ;4 999 Sr'Ps a a a F t a a 1 6a it 2 m K n al al + � � I W N` th Q� d Lr I �O }3' 3 � b,i4ie N N W K A A � I ,18 V N M*A rO' Oi S i F1 9 {may 110, II i Change Order(Americas PMO-v5b, Nov.2012) ,1 Exhibit A: Revised Milestone Payment Table(continued) m W to ly d1' m y N to iy CH r fA N y!0'f Ul Uf [A N Al W f/7 a C • ° • S I = r 8 • I-•IC s e @l• • e s s s s g egl� a m ■ • • �io a m . m i i4 o pQ S o L IL 3 7 � a o 0 5 7 a 3(3 }�7 7 7 7 7 NN 1 7 i 4 o 4"1 q 41q 4 0 0 0 0 0 -0 • • i• . • i 4n4 to Ai= =tea a a CL 06 ° -� e q a 8 °0 0 o 9;i • r'g °r ° is r t4A A IL o tfa SL ••ig • h 4�f i 0 C • s m � C nr- o c 'e° a ; I� m a a i A r + r I t •• 1 ALA A� A W,Y'I a L i i �` L 8 j a ° p, I I J g nnng 000 CL CJ n A M: O!!1 41 n �• � 2 � Y S A+1 d r m� O11"mA N0.'A IN� O N W1O p IW S OW iW f0p0 � O W , IN jr ppOp .Gaff YILaI,N O��N Lf U1 p0 N1 1m�00WN.mA (+�1IO (�f l((+.�i11 Am aA,O Vu'.. ,IN O(O m A m N��tN N m li 8'N' O �IN�tO A S IOl A iO `S al. f0 w mm S p I1pW� 10 mu y�pfO O U1 l �pmp m A m 1pmp a+1 �1 m a 8mO+ •1'0 m�m QUwQI1I �.(M�pp 0101 1C�pp � 6i O �1ppi�OImp fWTpN'# Opof �V.�P aiAO ippp ICI 10 S m 0.��i0 N N In L •S r I � N A N IlaN s � e Change Order(Americas PMO-v5b, Nov, 2022) AGENDA MEMORANDUM aapowaE Future Item for the City Council Meeting of July 22, 2014 1852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 16, 2014 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Renewal of state and federal external legislative consultant contracts. CAPTION: Motion authorizing the City Manager to execute 26-month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for $102,000 per year plus reasonable expenses and with Meyers &Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. PURPOSE: Renewal of 26-month (to match up with City's fiscal year) governmental relations contracts between the City of Corpus Christi and Focused Advocacy for state governmental relations services and Meyers & Associates for federal governmental relations services. BACKGROUND AND FINDINGS: The City has engaged the services of external firms for state and federal governmental relations services for many years. Focused Advocacy became the City's consultant for state matters in 2011, but represented the City before that with a different firm. Meyers and Associates has represented the City since the early 1990s. Both firms are well-respected and connected in their respective legislative arenas and have been effective and resourceful advocates for the City. Focused Advocacy has represented the City for many years and is familiar with the City, its legislative history and its needs. The firm almost exclusively represents municipalities so they have extensive knowledge of municipal law and legislative issues. Meyers and Associates has represented the City for many years and is familiar with the City, its legislative history and its needs. Meyers and Associates maintains an excellent, non-partisan reputation among the Texas congressional delegation and continues to establish and maintain favorable contacts within the federal government that are beneficial to the City. ALTERNATIVES: (1) Renew one or both of the consulting contracts; (2) Not renew one or both of the consulting contracts, (3) Go back to annual contracts instead of the 26-month contracts; (4) Reject the proposed increases in retainers and attempt to renegotiate; or (5) Work with Purchasing Department on a request for qualifications (RFQ) to find a different firm to represent the City. OTHER CONSIDERATIONS: In April 2014, Focused Advocacy principals gave notice to the Intergovernmental Relations Director that the monthly retainer would increase closer to current market rates assuming the City of Corpus Christi wanted to renew its contract with the firm for 2015. Focused Advocacy believes the City's retainer is on the low end of the scale for lobby services, especially in relation to resources required to accomplish the City's legislative agenda. Today, retainers for new clients of the firm start at$10,000 per month. The City's agenda is more extensive and has numerous pro-active bills and activities that require more labor and effort. The firm specializes in municipal government and includes three full-time lobbyists, plus office support staff. In the last contract renewal, the City approved an increase in the monthly retainer from $6,000 per month to $6,500 per month due to the firm's increased operating expenses. The IGR Director researched state lobby contracts with Arlington, Austin, Dallas, Houston, and San Antonio, which use different lobby services. In addition, existing Focused Advocacy clients, such as Denton, El Paso, Galveston, Georgetown (Utility System), Grand Prairie, and Sugarland were contacted. To ensure a different perspective, two other well-connected, established state lobby firms were contacted to get a ballpark estimate of a monthly retainer to engage those firms. All prices were contingent on scope of work and the level of effort required for the work, but were generally in the same range as Focused Advocacy or higher. It appears from the research that the proposed increase of$8,500 per month is still on the low end of the scale for lobby services. When the country went into a recession, the City and Meyers and Associates negotiated a reduction in the monthly fee starting in 2010. There has been no change in the fee for service for three years. Meyers and Associates continues to provide responsive service by Larry and Rick Meyers, Jennifer Shepard with the Alliance for I-69 Texas, and has added Dave Davis from former Senator Kay Bailey Hutchison's office, and continues to provide excellent service and representation for the City in Washington, D.C. The mission of Intergovernmental Relations is to create opportunities and manage risk for the City through advocacy, outreach, and proactive participation in the political process. Increasing the FY 15 budget for the state and federal lobbying contract, will allow the IGR Director, Focused Advocacy and Meyers and Associates to continue to work towards achieving the City Council's adopted legislative goals. The length of the contracts was going to be two years, but was changed to 26 months so the contract term would align with the City's fiscal year and expire at the end of September 2016. CONFORMITY TO CITY POLICY: The agreements being proposed for renewal are consistent with past agreements and have been approved by the City Attorney. These funds are available and budgeted for the 2015 fiscal year. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Deputy City Manager City Attorney Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Year: 2014- Expenditures Future Year 2015 (CIP only) Current Year FY 15 TOTALS Line Item Budget 32,001 $72,575 $102,575 Encumbered / Expended Amount This item BALANCE 32,001 $72,575 $102 575 Fund(s): 1020, 4010, 4130 (state and federal), and 4200 (federal only) Comments: None RECOMMENDATION: Staff recommends continuing the City's existing relationships with both Focused Advocacy in Austin and Meyers & Associates in Washington, D.C., for the 2015 and 2016 fiscal years. The organizations have a record of success in assisting with achieving the City's priorities and are responsive to the City's needs. We recommend approval of the two contracts for the next 26 months. The City will still be receiving value for its investment in Focused Advocacy. The process of preparing and awarding an RFQ for professional lobby services is a lengthy process that could interfere with the timely adoption of the City's legislative agenda. Even though the current contract expires at the end of July 2014 and the next session does not begin until January 2015, there is significant potential difficulties that could come from gaps in representation and getting a new firm up to speed. LIST OF SUPPORTING DOCUMENTS: 1. Renewal contract with Focused Advocacy 2. Renewal contract with Meyers &Associates uw!w i N . . ADVOCACY CONTRACT FOR PUBLIC AFFAIRS CONSULTING SERVICES (City of Corpus Christi, Texas) This contract is made the 31s'day of July, 2014,between City of Corpus Christi, Texas, having its principal place of business at 1201 Leopard, Corpus Christi, TX 7840 1(hereinafter "Client") and Focused Advocacy having its principal place of business at 823 Congress Avenue, Suite 1200,Austin, Texas 78701 (hereinafter "Consultant") for the provision of public affairs consulting services related to the Client. 1. Services. Consultant will provide the services described below. a.At the direction of Client, represent the Client in dealings with elected and appointed officials, legislative staff, regulators, and interested stakeholders on matters of public policy identified by the Client with a particular emphasis on matters that impact municipal services and budgets. b. Provide analysis and tracking of government actions and decisions that could have an effect on the governmental affairs strategy of the Client. c.Advise Client on legislative actions contemplated and taken with respect to identified issues and goals. Assist in the development of a comprehensive strategy to accomplish Client's government affairs goals and objectives, including review and editing of legislation, drafting of amendments, riders, and related supporting documents. d.Assist the Client in the passage or defeat of legislative initiatives that are proposed and identified by the Client as part of their overall legislative agenda. e. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance Client profile with targeted individuals and entities including the arrangement of periodic visits and/or functions with key legislators and staff. f. Use best efforts to provide information to and educate decision makers with regard to Client's interests and government affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf without prior authorization to do so. 823 CONGRESS AVENUE,STE.1200 0 AUSTIN,TEXAS 78701 INFOC)FOCUSEDADVOCACY.COM uw!w i N F. . ADVOCACY g. Monitor, by attendance at meetings and otherwise, state legislative and regulatory bodies considering legislation and/or rulemaking that would impact Client's government affairs objectives and interests. h. Monitor and track legislation that impacts Client's interest during the regular session and any called special sessions of the Texas Legislature during the term of the Agreement. Client or Consultant will identify such legislation as having a potential material impact on Client's interests. i. Consultant will assist in preparing city officials who testify before the Texas Legislature. As part of this preparation the Consultant will assist in formulating written and verbal testimony for city officials who provide testimony to legislative and administrative bodies. 2. Client Support and Communication. As requested, Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting,to assure timely and effective communications. Snapper Carr and Brandon Aghamalian will serve as the primary contact on behalf of the Consultant. Deliverables -As requested, Consultant will provide the Client during the legislative session, written summary reports detailing the nature of legislative contacts (e.g. meetings and communications) the Consultant made on behalf of the Client to further the Client's state legislative agenda. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at any time with respect to Client's interests,the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. Expansion of Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement, both parties will mutually agree to discuss the role of the expanded services and agree, if necessary, to discuss the payment of additional compensation during this unlikely event. It is also understood that the Consultant works independently of any additional consultants the Client may have under contract. S. Term. This Agreement is effective on August 1, 2014 through September 30, 2016 (26 month period). Either party may terminate the contract by giving thirty (30) days written notice to the other party. 823 CONGRESS AVENUE,STE.1200 0 AUSTIN,TEXAS 78701 INFOC)FOCUSEDADVOCACY.COM uw!w i N . . ADVOCACY 6. Compensation. In consideration for the performance of services, Client shall pay fees as follows: a. $8,500 per month for the duration of the contract. The fee will be billed on or about the first of each month. b. Payment shall be made to Focused Advocacy, LLC, 823 Congress Avenue, Suite 1200,Austin, Texas 78701 (Attention: Snapper L. Carr). 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee, full or part-time of Client. 8. Expenses. Client agrees to pay Consultant's reasonable expenses incurred for pre- approved travel made at Client's request for work connected to this agreement. "Reasonable expenses"shall include airfare, hotels,taxis, shuttles, rental cars, meals. Consultant agrees to comply with all applicable expense reimbursement policies of the Client. Consultant shall provide documentation of all reimbursable expenses. Client shall pay these invoices within thirty (30) days of receipt. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable laws. 10.Lobby Activities and Reporting. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branch. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. The rules define "lobby activity"as "Direct communication with one or more members of Texas legislative or executive branch to influence legislation or administrative action and activities in preparing for such direct communication." The Consultant will allocate on a reasonable basis, as allowed by the rules, the amount of the retainer paid to the 823 CONGRESS AVENUE,STE.1200 0 AUSTIN,TEXAS 78701 0 INFOC)FOCUSEDADVOCACY.COM uw!w i N F. . ADVOCACY Consultant that is being paid for "lobby activities". Based upon Consultant's experience representing other clients, the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." It is understood and agreed that the Consultant's activities will be monitored from time to time so that any change in the amount of time spent on lobby activities as defined by the rules of the Texas Ethics Commission will be detected and updated, if necessary. 11. Confidentiality. If a party provides information or materials indicated to be confidential,the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12. Conflicts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme cares to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. It is understood that Consultant intends to focus their legislative representation on local government issues and will undertake all necessary steps to avoid and prevent conflicts of interests with private sector interests. Consultant agrees to fully comply with the Texas Ethics laws concerning conflicts of interests. 13.Termination. Either party may terminate this agreement,without cause, upon thirty (30) days written notice to the other. The Client may also terminate this contract with fifteen (15) days notice if termination is caused due to an irresolvable conflict of interest. 14. Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof(including this section) shall be valid unless in writing and signed by the parties hereto. 823 CONGRESS AVENUE,STE.1200 0 AUSTIN,TEXAS 78701 0 INFOC)FOCUSEDADVOCACY.COM uw!w i N . . ADVOCACY IN WITNESS WHEREOF,the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. City of Corpus Christi, Texas Focused Advocacy, LLC By: By: Mr. Ron Olson Mr. Snapper L. Carr City Manager General Counsel Date: Date: ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: Barney Knight Interim City Attorney 823 CONGRESS AVENUE,STE.1200 AUSTIN,TEXAS 78701 INFOC)FOCUSEDADVOCACY.COM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm ("Meyers"), and is effective the 1 st day of August 2014. WITNES SETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, funding for Community Development Block Grants and HOME programs, protecting the tax exempt status of municipal bonds, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation policy and project funding, including the Harbor Bridge, Interstate 69, freight rail expansion, and maintenance of the Gulf Intracoastal Waterway, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,500.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. C. Such payments will commence in August 2014 and will continue for(26) twenty-six consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. Page 1 of 3 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. C. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence August 1, 2014 and continue until September 30, 2016, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. Page 2 of 3 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. CITY OF CORPUS CHRISTI, TEXAS By: Ron L. Olson July 29, 2014 City Manager MEYERS & ASSOCIATES By: Larry Meyers July 29, 2014 MEYERS & ASSOCIATES APPROVED AS TO FORM: INTERIM CITY ATTORNEY Barney Knight Page 3 of 3 0 " AGENDA MEMORANDUM„ for the City Council Meeting of July 22, 2014 DATE: July 7, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director is ael o cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Padre Island Seawall Vehicle Restrictions STAFF PRESENTER(S): Name Title/Position Department 1. Michael Morris Director Parks and Recreation 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Oraanization 1. 2. 3. BACKGROUND : In 2008 the voters passed a referendum to authorize City Council to restrict driving in front of the Padre Island Seawall where the beach width 150' or less. In 2010 City Council passed an ordinance requiring the City manager to close the beach in accordance with a bollard plan that identified driving lanes and closing the beach at the 150' mark, which was north of the Windward Parking lot at that time. This presentation will provide an overview of the challenges posed by the previous 2010 ordinance and options to evaluate moving forward. LIST OF SUPPORTING DOCUMENTS: Presentation 1111 4-j N u a) N � O a, U a� • III /', Ir I�u In! . a--+ ' 0 ateJ — co U N C6 � 4� a� ° ,ago o � a--+a � . + � �c o N °� 000 U U fu 0 U �' 0 w CL m fB ca 00 c/1 0 �„ O U v, cn U 4-J ca — NO 00 4-1 o N ca � O Ln }' = 0 m -0 O ` O can N 'j ca Q N � Q f6 ate--+ ate--+ O Ln 0 �.Y L • • r In! . O � O N °o O m (D can (u ca j O N i (D 4-J •� C: -C O 4-J J C: m _ 0 4� p E V ' ca � — ._ 0 }' C � •— U i = O .0 p M 0 +, U ._ U +J 0 w cu 0 �.., Ln Ov E O U -0 C: }' O >' Ta rIA —0 W > 0 U U ca ca ca •� LO CL Q 91I1i,(� yY fII. 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Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department Barn eyW@ cctexas.com (361) 826-3595 Barisi Village Development Discuss the project overview and timeline STAFF PRESENTER(S): Name Title/Position Department 1. Jessica Alford Project Manager Development Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Jeff Blackard CEO Blackard Global, Inc. 2. Mike Beaty Present and COO Blackard Global, Inc. 3. John Bell Applicant's Attorney BACKGROUND : Provide background information about the public process and timeline for the Barisi Village development, a $250 million proposal by Blackard Global, Inc. to redevelop approximately 57 acres of the closed Pharaoh Valley Golf Course for a mixed-use development "European Village." 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