HomeMy WebLinkAbout18870 ORD - 06/04/1985•
AN ORDINANCE
AUTHORIZING THE ACCEPTANCE OF A TECHNICAL ASSISTANCE GRANT
FROM THE PUBLIC UTILITY COMMISSION OF TEXAS TO FUND 50
PERCENT OF AN AN ENERGY CONSERVATION AUDIT AT CORPUS
CHRISTI INTERNATIONAL AIRPORT; AUTHORIZING AWARDING OF A
CONTRACT TO ESTES, McCLURE AND ASSOCIATES, INC. FOR SAID
ENERGY CONSERVATION AUDIT; APPROPRIATING $5,000; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to accept a
Technical Assistance Grant from the Public Utility Commission of Texas to fund
50 percent of an energy conservation audit at Corpus Christi International
Airport, all as more fully set forth in the grant, a substantial copy of which
is attached hereto and made a part hereof, marked Exhibit "A"
SECTION 2. That a contract is hereby awarded to Estes, McClure
Associates, Inc. to perform said energy conservation audit.
SECTION 3. That there is hereby appropriated $5,000 from the No. 245
Airport Bond Fund for the City's share of said energy conservation audit.
SECTION 4. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
accepting the abovementioned grant at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this ordinance is passed and shall take effect upon
first reading as an emergency measure this the 4th day of June, 1985.
ATTEST:
City Secretary
(APPROVED: 3 DAY OF JUNE, 1985
lelene godson, ssistant City Attorney
02.133.01
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
sea�►o MICROFILMED
STATE OF TEXAS
COUNTY OF TRAVIS
LOCAL GOVERNMENT
PROFESSIONAL SERVICES
AGREEMENT
CONTRACT 1
I. Parties
This contract and agreement is made and entered into by the following parties:
The Agency: The Public Utility Commission of Texas
7800 Shoal Creek Blvd., Suite 400N
Austin, Texas 78757
The Contractor: City of Corpus Christi
P. 0. Box 9277
Corpus Christi, Texas 76469
Federal IDN 74-600-574
The parties hereto have severally and collectively agreed and by the execution hereof are bound to
the mutual obligations and to the performance and accomplishments of the tasks hereinafter
described.
II. Recitals
The Agency, pursuant to its statutory mandate, Art. 4413 (47C) VJ.C.S., is responsible for the
coordination and support of energy conservation related technology, research, development, and
demonstration. In accordance with that mandate, the Agency has participated with the U.S.
Department of Energy in management of the Institutional Building Grants program by coordinating
and assisting applicants to the program and evaluating and ranking such applications for technical
merit. The Agency has been requested by the U.S. Department of Energy, in this instance, to also
administer the grants for technical assistance. Funding for this contract is provided by a grant
from the U.S. Department of Energy.
III. Statement of Services
The parties herein do hereby agree that the Contractor, in consideration of the compensation
hereinafter described, will provide the services with Agency approval/supervision as specifically
described in 'Attachment A° and incorporated herein for all purposes.
The Contractor shall submit such records, information, and reports in such form and at such times
as may be required by the Agency. The reports required of Contractor shall include, but not be
limited to the reports specified in Attachment 'A' attached hereto and incorporated herein for all
purposes.
IY. Ter. of Contract
This contract and agreement shall commence upon execution
and shall continue unless terminated earlier by other provisions of this contract until September 30,
1985.
V. Compensation and Payment
For and in consideration of the delivery of the herein described services to be provided by the
Contractor the A ency agrees and covenants to provide as c pensation up to and not to exceed the
sum of Fifteen Thousand, Six Hundred and Seventy Five
Dollars (s 15,675 ) for reimbursement of allowable expenses incurred pursuant to the
budget provided in °Attachment B' and incorporated herein for all purposes and subject to the
provisions of Article XIII herein. Travel, if any, shall be at State of Texas employee approved
rates. Request for payment shall be by State of Texas purchase voucher supported by an invoice
detailing expense by budget category with accounting of prior reimbursed costs, current request
and balance of budget remaining. Said invoice shall be fully supported by actual receipts and
other documentation to allow for full substantiation of costs incurred. Request for reimbursement
shall coincide with submission of required performance reports and payment processed upon approval
of said report. In the interest of timely administration all requests for reimbursement under
this contract must be received by the Agency not later than ninety (90) days from the termination
date of the contract. Failure by the Contractor to timely comply with the above requirement may
act to effectively reduce the contract liability of the Agency to the sum of the requests for
payment received as of the deadline referenced above. To insure full compliance with the
described performance of the Contractor, final payment in an amount equal to ten percent (108) of
the contract total shall be withheld until delivery and approval of the final report and/or all
deliverables required herein.
The Contractor under this agreement shall not purchase any equipment without prior written
approval from the Agency. Equipment is defined as tangible personal property having a useful life
of more than one year and an acquisition cost of Fifty Dollars ($50.00) or more per unit. Title
to any equipment so purchased shall revert to the Agency at the end of the contract.
At the discretion of the Agency and upon written memorandum to the contract file, budget
flexibility within categories shall be allowed to the extent resulting total by category does not
exceed one—hundred ten percent (110z) of the original category budget. Larger deviations shall
require formal contract amendment.
Y1. Inspection and Monitoring
The Contractor shall permit the Agency to inspect and shall make available to the Agency for
inspection any or all pertinent records, files, information or other written material pertaining
to the operation of programs and expenditure of funds maintained by Contractor or any other person
or other entity with whom any portion of the performance hereunder has been subcontracted. The
Contractor further agrees to maintain all such records for a period of three years and make
available same to the Agency or agencies of the Federal Government for purposes of audit. The
Contractor further agrees that the Agency may carry out monitoring and evaluation activities to
insure adherence by the Contractor to the work program which is the subject of this contract and
to make available copies of all financial audits required under Federal guidelines as well as
those of their subcontractors when required.
VII. Copyright and Acknowledgement
The Contractor w111 not assert any rights at common law or in equity or establish any claim to
statutory copyright in any material or information developed under this contract, and Agency shall
have the right to use, reproduce or publish any or all of such information and other materials
without the necessity of obtaining any permission from Contractor and without expense or charge.
All reports and other materials completed as a result of this contract shall carry an appropriate
acknowledgement of Agency support on the front cover or title page of such document and other
materials.
VIII. Termination
Either party to this contract shall have the right to terminate by notifying the other party in
writing of such termination at least 30 days prior to the effective date of termination.
Upon receipt of notice of termination the Contractor shall cancel, withdraw or otherwise terminate
any outstanding orders or subcontracts which relate to the performance of this contract and shall
otherwise cease to incur costs hereunder. Notwithstanding the above, such expenses as are
specifically authorized in writing by the Agency to the Contractor shall be reimbursed pursuant to
Article V herein.
In no event shall the Agency be liable to the Contractor or Contractor's creditors for expenses
Incurred after the termination date.
II. Independent Contractor
it is expressly understood and agreed by both parties hereto that the Agency is contracting with
the Contractor as an Independent Contractor and that the Contractor, as such, agrees to hold the
Agency harmless and to indemnify it from and against any and all claims, demands, and causes of
action of every kind and character which may be asserted by any third party occurring or in any
way incident to, arising out of, or in connection with the performance of services by the
Contractor under this contract.
I. Subcontracting
Contractor shall subcontract for the performances specified herein only with the prior written
approval of such subcontract and subcontractors by the Agency. Contractor, In subcontracting any
of the performances hereunder, shall legally bind subcontractors to perform subject to all the
duties, requirements, and obligations specified of Contractor herein with respect to such
performance and assurances or any portion thereof.
in no event shall any provision of this Section. specifically including the requirement that
Contractor obtain the prior approval of Agency on Contractor's subcontracts, be construed as
relieving Contractor of the responsibility for insuring that the performances rendered under all
subcontracts are rendered so as to comply with all the terms and provisions of this contract as if
the performances and assurances rendered were rendered by Contractor hereunder.
II. Amendment and Changes
Any alteration, addition, or deletion to the terms of this contract shall be by amendment hereto
in writing and executed by bath parties hereto on or before the proposed effective date of said
amendment.
III. Assurances
The Contractor assures that no person shall, on the grounds of race, creed, color, handicap,
national origin. sex, political affiliation or beliefs, be excluded from, be denied the benefit
of. or be subjected to discrimination under any program or activity funded in whole or in part
under this agreement.
incorporated by reference the same as if specifically written herein are the rules, regulations
and all other requirements imposed by law, including but not limited to compliance with those
pertinent rules and regulations of the State of Texas and those of United States agencies
providing funds to the State of Texas.
III1. Funding
It is expressly understood and agreed by the parties hereto that all performances on the part of
the Agency are contingent upon and subject to actual receipt by the Agency of sufficient and
adequate funds from the sources contemplated by this contract. To the extent the performance of
this contract transcends the biennium, that portion of the work is specifically contingent upon
the continued authority of the Agency and appropriation therefor.
Having agreed to the terms herein, the Parties do hereby execute this contract this
day of 1985.
Public Utility Commission of Texas: Contractor: City of Corpus Christi
by
Jay Stewart
Executive Director
Attachment "A"
Statement of Services
1. Funds provided through this contract shall be used to defray
expenses incurred in completing the Technical Assistance
Report approved for funding in state application attached
hereto and incorporated herein for all purposes. Contractor
shall subcontract for the performances specified herein only
with one of the following firms approved by the Agency: ACR
Energy Concepts, Inc., Austin, Texas; Bywaters and Associates,
Inc., Dallas, Texas; Energy Engineering Associates, Inc.,
Austin, Texas; Estes, McClure and Associates, Inc., Tyler,
Texas. Contractor in subcontracting any of the performances
hereunder shall legally bind subcontractors to perform subject
to all duties, requirements, and obligations specified of
Contractor herein with respect to such performance or any
portion thereof.
2. Contractor will provide Agency with one copy of the Technical
Assistance Report as outlined in the Guideline for Preparation
of Technical Assistance Reports.
3. Contractor certifies that, if an audit is not performed on its
entire organization at least every two years, the Contractor
will provide an audit of this grant to cover both financial
and compliance aspects.
4. As a further inducement for the State of Texas entering into
this agreement, the Contractor agrees it will abide by and act
in accordance with all those requirements, conditions, and
regulations set forth in Attachment "C" hereto. These
requirements, conditions, and regulations herein specified or
otherwise prescribed by law as applicable regulations.
Deliverables
a. Technical Assistance Report Due: September 30, 1985
Attachment "B"
Budget
Budget $15,675*
* Reimbursement shall be made at a rate of one-half the total
cost of the Technical Assistance Report on a one-time lump sum
basis.
•
Attatchment "C"
TECHNICAL ASSISTANCE GRANT APPLICATION
FOR LOCAL GOVERNMENTS
Building Owner: City of Corpus Christi Contact Person: Edgar E. Farrera
Address: 7201 Agnes Street Address: P. 0. Box 9277
City: Corpus Christi City: Corpus Christi
State: Texas Zip: 78406 State: Texas Zip: 78469
County: Telephone: (512)880-3044
Federal
Employer I.D. Number
BuildingName Eligible Grant Amount (Gross Square Feet
of Building x $.15)
1. Corpus Christi International Airport $15,675.00
2.
3.
4.
5.
Total Federal Grant 4 151 6 '75.00
Total Applicant Match 6 IS 6 7 S • 00
TOTAL (Grant and Match) 4 Si, 3 50 • 00
The Applicant certifies that:
a. Each building included in this application is owned and primarily occupied by
offices or agencies of the unit of local government.
b. These studies will be contracted for and scheduled for completion within one year
of the receipt of the notice or grant award.
c. The local government has implemented a comprehensive energy management plan
or will develop and implement such a plan within 180 days of the date of this
application.
d. Data in this application is correct.
e. The loca government will provide 50% of the total project cost.
f. If assistance is approved, grantee will comply with the attached assurances.
Certifying Representative:
I. Typed Name and Title:
Jerry L. Seajy
Director • Aviation
2. Sb4nature:
3. Date: 1/29/
•
Unique t1uildin�! Charact^ristic%
(\lust bt c:oinplt:ted for each building applied for)
Corpus Christi. International
Building Name: AirportStreet Address: 7201 Agnes St
Functional Use: Air Carrier Operation
•
Annual Operating Hours: 24/hr day 7 days/weeks
% Administrative Office, if anv Size: 104,500 G.S.F.
Date Constructed: 1960 with expansion in 1978 and 1982
List Year and size of any building additions:1982 baggage claim 6324 s.f.
lounge
L•NI:ILGY USE , COST DATA
ELECTRICITY
NATURAL CAS
OTIiER
F 11 E L ffill•in)
MONTH
KWH
COST
5
$/KWH
MCF
',COST
$
$/MCF
UNIT
COST
$
SEPTEMBER1980
oCTOBER 1983
NovEMSER 1983
DECEMBER 1983
JANUARY 1984
FEBRUARY1984
MARCH .1984
APRIL 1984
MAY 1984
JUNE 1984
JULY 1984
AUGUST 1984
410,752
26,514
—
398,820
25,834
363,776
23,968
339,740
22,474
34
233
365,588
23,639
42
284
329,192
22,014
39
264
341,048
22,779
40
266
360,464
23,985
1 41
269
428,372
27,363
40
259
404,412
26,199
40
256
437,860
28,041
39
251
461,140
28,803
33
213
ANNUAL
TOTALS
4,641,164
301,613
AVG'
348
2295
AVC.
•
ANNUAL ENERGY CONSUMPTION IN BTU's: (136 identifies the number in millions) r
(11 Electricity 4,641,164
Ku'H , 0.0116
MCF x 1.03
GAL x 0.130690
GAL x 0.149690
MAIBTU x 1.0
LBS x 0.001390
TON HRS x
GAL a 0493473
TOTAL ANNUAL
x 53, 837.50 x 106 BTU
(2) Nat. Cas 348
= 358.44 x 106 BTU
(31 Fuel Oil 02
= x 106 BTU
(4) Fuel Oil G6
= x 176 BTU
(3) Steam/Hot Water
OR
(6) Steam
= x 106 BTU
a x 106 BTU
(7) Chilled Water
0.012 = x IC6 BTU
(31 Propane or Butane
(9) Other•
= x 106 BTU
BTU's
= 54, 195.94 x 106 BTU
•Contact ICP Office Inc BTU
L(dlrerston lactnr aur %lift fuels
ENEP.CY UTILIZATION INDEX IEt:I)
8 ii•... i T'l'i I7
(7,:1- 518, 621 .45
5/UNIT
-) OTAL
ENERGY
COSTS
AVG.
A
EIA -145
FORM APPROVED
OMB NO. 038-80402
ar
SPECIFIC INSTRUCTIONS
This part contains the certifications required of applicants for Federal
grants. The applicant shall cattily in its application for, and acceptance
; and use of Federal funds, that it will comply with the laws and regulations
• governing these grant programs.
The Assurances section applies to the original application. and to any
subsequent modification or amendments.
Th• ApoImam h•..b, o and .sial.•• el.•a h...ill sward, ....h d.• regular:ant. poke.•.. O...del.ne., and reau.r.r,•nta, on.
eluding OMB Circular Ne. A-102 .ns F140 74.4. a they relate to dna soolkaton. .cc.onene• and sane or F•d•al funds for thla lb -
•rally rosin.d prol.ctf Also m. APGI:e.nt assures end c.rtlria with rap•et to eh. grant Mat:
1. It possesses legal authority to apply :or the grant: that a
resolution. motion or similar action has been duly
adopted or passed as an official act of the applicant's•
Governing body, authorizing the tiling of the application,
including all understandings and assurances contained
therein, and directing and authorizing the person identi-
lied as the official representative of the applicant to act
in connection with the application and to provide such
additional information as may be required.
2. It will comply with Title VI of the Civil Rights Act of
1964 (P.L. 88.3521 and in aaordance with Title VI of
that Act, no person in the United Sates shall, on the
ground of race. color, or national origin, be excluded
from participation in, be denied the benefits of, or be
otherwise subjected t0 discrimination under any pro-
gram or activity for which the applicant receives Federal
financial assistance and will immediately take any mea.
SONS necessary to eHecruate this agreement
3. It will comply with Title VI of the Civil Rights Act of
1964 (42 USC 2000d) prohibiting employment discrimi•
nation where (1) the primary purpose of a•grant is to
Provide employment or 121 discriminatory employment
Practices will result in unequal treatment of persons who
are or should be benefiting loom the grant•aided activity
4. It will comply with requirements of the provisions
of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (P.L. 91.6461 which provides
for fair and equitable treatment of persons displaced as a
result of Federal and federally assisted programs
5. It will comply with the provisions o1 the Hatch Act
which limit the political activity of employees
6. It will comply with the minimum wage and maximum
hours provisions of the Federal Fair Labor Standards
Act. as they apply to hospital and educational institu-
tion employees of State and local governments.
7. It will establish safeguards to prohibit employees from
using their positions for.5 purpose that is or gives the
appearance of being motivated by a desire for private
gain for themselves or others. particularly those with
whom they have family, business, or other ties.
8. It will give the sponsoring agency or the Comptroller
General through any authorized representative the ac.
cess to and the right to examine all records. books,
papers, or documents related to the grant.
9. It will comply with all requirements imposed by the
Federal sponsoring agency concerning special require.
ments of law, program requirements, and other ad•
ministrative requirements.
10. It will insure th.it the facilities under its ownership, lease or super-
vision which shall be utilized in the accomplishment of the project are
not listed on the Environmental Protection Agency's (EPA) list of Violation
Facilities and that it will notify the Federal grantor agency of the receipt
of any communication from the. Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration
for listing by the EPA.
1 Tn. ..gu..,.ow—when—.....n .a. r o .ou,.n.nnon is ICCsA •51.
et -
1
11. It will comply with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975,
approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the
purchase of flood insurance in communities where such insurance is available as a
condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use i$ any area that has been identified by the Secretary of
the Department of Housing and Urban Development as an area having special flood
hazards. The phrase "Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or
any other form of direct or indirect.Pbderal assistance.
12. It will assist the Federal grantor agency in its compliance with Section 106 of the
National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive
Order 11593, the Archeological and Historic Preservation Act of 1966 (16 U.S.C.
469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the
conduct of investigations, as necessary, to identify properties listed in or eligible for
inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor
agency of the existence of any such properties, and by (b) complying with all
requirements established by the Federal Grantor agency to avoid or mitigate
adverse effects upon such properties.
13. It meets the eligibility requirements contained in 10 CFR 455.41 (for applications for
technical assistance), or 10 CFR 455.51 (for applications for energy conservation
measures).
14. It has or will satisfy the requirements set forth in 10 CFR 455.60.
15. It has implemented all energy conservation maintenance and operating procedures
identified in an energy audit or its equivalent (for applications for technical
assistance), or identified in an energy audit and technical assistance program or
their equivalents (for applications for energy conservation measures), unless an
exception is requested as provided in 10 CFR 455.41 (d) and 10 CFR 455.51 (a)(4)
which permit the applicant to "provide a satisfactory written justification for not
implementing any specific maintenance and operating procedures." (In such a case,
the applicant has attached a list of the specific maintenance and operating
procedures not implemented as well as a justification for not implementing each
procedure. Reference to State or Federal schedules will not be accepted as
justification for not implementing each procedure).
16. It will expend funds granted under 10 CFR 455 for the purposes stated in this
application and in compliance with the requirements of 10 CFR 455 and the approved
Texas State Plan.
17. It will obtain from the technical assistance analyst, prior to the analyst performing
work in connection with a technical assistance program or energy conservation
measure, a signed statement certifying that the technical assistance analyst has no
conflicting financial interest and is otherwise qualified to perform the functions of a
technial assistance analyst in accordance with the requirements set forth in the
Texas State Plan.
13. It will comply with all reporting requirements contained in 10 CFR 455.63.
•
•
115
19. It will not enter into any contract relating to an energy conservation measure which
requires or may require expenditure of more than $5,000 (excluding technical
assistance program costs), that does not conform to the provisions of the Davis -
Bacon Act (40 U.S.C. Sections 276 a-5).
20. It will provide the required matching non -Federal funds, including in-kind contribu-
tions (limited to the goods and services described in OMB Circular A-102), and that
such funds or contributions are directly related to the project.
21. It will comply with the civil rights requirements pursuant to 10 CFR 455.3(a)(8).
22. It has implemented or will develop and implement a comprehensive energy manage-
ment plan within 180 days from the date of this application if credit has- been
claimed toward the grant ranking value for technical assistance or energy conserva-
tion measures.
23. It will not reallocate any funds, which were previously allocated for energy
conservation projects by the institution, for any purposes unrelated to energy
conservation because of the receipt of federal funding. Thus, the federal funding
will supplement and not supplant institutional funds already allocated for energy
conservation projects.
Auth9t
Represntative Signature
•
crus OF camas C MISTI, TEXAS
G y-�
• s
188.
CE[a'IFICATION OF FUNDS
(City Charter Article IV Section 21)
November 5, 1985
I certify to the City Council that $ 10,000.00 , the amount r'equired.for
the contract, agreement, obligation or expenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Oorpus Christi to the
credit of:
Fund No. and Name
Project No.
No. 245 Airport Bond Fund
245-85-1.1
Project Name
Airport Energy Conservation Technical Report
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
Atli- 5 , 19 S S-
FIN 2-55
Revised 7/31/69,�+�y
Corpus Christi, T
1/41- day of
, 198.r-
TO
98r
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
The above ordinance was passed y the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
18870