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Agenda Packet City Council - 02/22/2005
CITY COUNCIL AGENDA FEBRUARY 22, 2005 Corpus Ch risti Ail-America City 11:45 a.m. - Proclamation declaring March 6 -12, 2005 as "Severe Wealher Awareness Week" Swearing-in ceremony of newly appoi~led Board, Commission and Committee members 'At Your Service Award", CIIy Staff RecognlHon AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 22, 2005 10:00 A.M. PUBLIC NOTICE. THE USE OP 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 at the end of the Council Meeting, whichever is earller. Piease speak into the microphone locaied at the podlum and state your name and address. Your presentatlon will be llmitad to thme minutes. If you have a poEtie~3 or olher lnformation pertalning to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilie y cree qua su ing~s es limitado, habr~ un int~rpmie ingl~s-espa~ot en todas las juntas del Concille pare ayudarie. Persons with disabilit~$ who plan to attend this meeting and who may need auxiliary aids or se/vices are requested to contact the Cfly Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Le Cowan, Christ Community Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pm Tem Bill Kelly Council Members: Brent Chesney Javier Colmenero Melody Cooper Henry Gan'eft Rex Kinnison Jesse Noyola Mark Scott City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Regular Meeting of February 15, 2005. (Attachment # 1) Agenda Regular Council Meeting Febroary 22,2005 Page 2 F. BOARDS & COMMI3-rEE APPOINTMENTS: (Attachment # 2) 2. * Planning Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of ~he agenda items are listed as motions, resolutions, or ordinances. If deemed approprtate, the City Council will use a different method of adop~on from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeUng; such agendas are incorporeted herein for reconsideration and action on any reconsidered item. H= CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support matedal on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, In which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requirfng separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on afl morons, resolutions and ordinances not removed for individual consideration) Motion authorizing the City Manager or his designee to approve a Letter of Agreement between the City and the Beautify Corpus Chdsti Association (BCCA) and providing a $25,000 grant to BCCA for executing environmentally sustainable tasks like anti- litter campaigns and recycling education throughout the city, pa~culady in the Neighborhood Initiative Programs' communi'des. The grant funding duration is from February 15, 2005 to February 14, 2006. (Attachment# 3) Cl'l'~ COUNCIL PRIORITY ISSUES (Re,'er I~ legend at the e~d o~ agenda ~urnmary) Agenda Regular Council MeeUng Februa~ 22,2005 Page 3 .8, Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $64,929 to the State of Texas, Cdminal Justice Division, for Year 6 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $12,182 in the No. 1061 Trust Fund and $9,600 in-kind services; for a total project cost of $86,711. (Attachment # 4) Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $63,011 to the State of Texas, Office of the Governor, Criminal Justice Division, for Year 1 funding ora Cdme Scene Technician grant for the Corpus Chdsti Police Department, with a City match of $3,500 in the No. 1061 Trust Fund, for a total project cost of $66,511. (Attachment # 5) Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed grant in the amount of $225,000 for Site I North for the continued support of the Weed and Seed Program from the United States Department of Justice (DO J). (Attachment # 6) Ordinance appropriating $225,000 from the United States Department of Justice, Office of Justice Programs in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Seed Program, Site I Nodh for FY 2004-2005. (Attachment # 6) Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed grant in the amount of $225,000 for Site II West for the continued support of the Weed and Seed Program from the United States Department of Justice (DO J). (Attachment # 7) Ordinance appropriating $225,000 from the United States Department of Justice, Office of Justice Programs in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Seed Program, Site II West for FY 2004-2005. (Attachment # 7) CITY COUNCIL PRIORITY ISSUES (Refer [o legend aL 61e end o[ Ihe a~encla s~mrnary) Agenda Regular Council Meeting February 22,2005 Page 4 10. 11. 12. 13. Motion authorizing the City Manager or his designee to execute a construction contract with Isensee Construction, of Corpus Chdsti, Texas in the amount of $178,750.25 for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1. (Attachment # 8) Motion authorizing the City Manager or his designee to execute a construction contract with Camrett Corporation, of Corpus Chdsti, Texas in the amount of $265,860 for the Rolled Curb and Gutter Replacement FY 2005. (Attachment # 9) Motion authorizing the City Manager or his designee to execute a Drainage Easement Instrument with William Edward Burdette for the acquisition of Parcel 2, in the total amount of $38,754, for drainage purposes in connection with the Mary Carroll Channel Widening Project (2047). (Attachment # 10) Motion authorizing the City Manager or his designee to execute Change Order No. 3 to Holloman Corporation, of Converse, Texas in the amount of $201,781 to the Resaca Lift Station Contract to install casing and force main under the roadways before pdvate construction takes place at the Staples and Yorktown intersection. (Attachment # 11) Motion authorizing the City Manager or his designee to execute Amendment No. 2 with Shiner, Moseley and Associates, Inc., of Corpus Chdsti, Texas in the amount of $30,000 for consultJng services associated with Pre-Planning of Emergency Recovery Operations. Attachment # 12) Motion authorizing the City Manager or his designee to execute Amendment No. 8 to the Contract for Professional Services with HDR Engineering, Inc., of Corpus Chdsti, Texas in the amount of $182,436 for a total restated fee of $670,642 for the Sanitary Sewer Trunk Main Rehabilitation Project for manhole replacements and cast iron pipe rehabilitation. (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Re[er Io leg~x:l at Ihe end ot age~da summary) Agenda Regular Council Meeting Febmary 22,2005 Page 5 14.a. 14.b_ 15.a. 15.b. 16.a. Ordinance appropriating $214,007.61 from unappropriated interest earnings and $27,293.39 from anticipated interest earnings from Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for the Whataburger Field; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $241,301. (Attachment # 14 Motion authorizing the City Manager or his designee to execute Change Order No. 3 with the Construction Manager at Risk Contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $393,150 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Pdce to $22,546,464 for construction for the Professional Minor League Baseball Stadium_ (Attachment # 14) Motion authorizing the C~ Manager or his designee to approve a Renewal for Standard Maintenance with PeopleSoff USA, Inc., of Pleasanton, Califomia in the amount of $277,235.38 for twelve (12) months PeopleSoff software maintenance and support for Asset Management, Accounts Payable, Benefits Administration, Budgeting, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, and Time and Labor Public Sector software based on sole source. (Attachment # 15) Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with PeopleSoff USA, Inc., of Pleasanton, California in the amount of $38,740 for twelve (12) months PeopleSoff software maintenance and support for eDevelopment, eCompensafion, eBenefits, eProfile, eRecruit, and ePay software based on sole source. (Attachment # 15) Motion authorizing the City Manager or his designee to execute a purchase agreement with The Omega Group, of San Diego, California in the amount of $36,995 utilizing funds from the Cops More Grant. This purchase expands upon the Cdme Analysis application currently utilized by Police Department Crime Analysts. The addition will allowfield officers access to the same data available to them from the cdme analysts and they will have the capability to perform cdme analysis in their vehicles. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer [o legend at Ihe end of Ere agenda summa~) Agenda Regular Council Meeting Febmary 22,2005 Page 6 16.b. 17.a. 17.b. 18. 19.a. Motion authorizing the City Manager or his designee to purchase TotalRoam software developed by PADCOM, Inc. from Redmoon BroadBand, Inc, of Piano, Texas in the amount of $54,640 in accordance with the State's Cooperative Purchasing Program utilizing funds from the Cops More Grant. This software is required to allow users to ream seamlessly between the WiFi network and carder based solution when the WiFi is not available. Once purchased, it can be used by all city departments for a nominal licensing fee. (Attachment # 16) Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by ONAC Development, Inc., owner and developer of The Boardwalk Unit 2 subdivision, site of the new southside elementary school, located west of the intersection of Brockhampton Street and Stonehenge Drive for the installation of 115 linear feet of an 8- inch PVC water distribution main. (Attachment # 17) Ordinance appropriating $7,358_38 from the Water Distribution Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 115 linear feet of an 8-inch PVC water distribution main to develop The Boardwalk Unit 2 subdivision. (Attachment # 17) Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with ONAC Developers, Inc, owner and developer of The Boardwalk Unit 2 subdivision for public street improvements on Boardwalk Avenue and Stonehenge Drive, urban streets abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed $106,031.12 for the City's share of costs of the improvements. (Attachment # 18) Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by ONAC Developers, Inc., owner and developer of The Boardwalk Unit 2 subdivision located west of the intersection of Brockhampton Street and Stonehenge Ddve for the installation of 989 linear feet, off-site, 12-inch PVC CITY COUNCIL PRIORITY ISSUES (Reft' Io lege~:l at Ihe end o~ the age~da summary) Agenda Regular Council Meeting February 22, 2005 Page 7 19.b. 20. 21. k 22_a. 22.b. sanitary sewer collection line along the present and proposed westward extension of Stonehenge Ddve serving the new southside elementary school, connecting to an existing sanitary sewer line on the west side right-of-way of Brockhampton Street. (Attachment # 19) Ordinance appropriating $61,184.70 from the Sanitary Sewer Collection Line Trust Fund No. 4220-540450 to pay ONAC Developers, Inc. for the installation of 989 linear feet, off-site, 12- inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop The Boardwalk Unit 2 subdivision. (Attachment # 19) Ordinance abandoning and vacating a 2,637.50-square foot portion of a 15-foot wide utility easement in Lot 12, Section 28, Flour Bluff and Encinal Farm and Garden Tract (Lot 2, Block 1, Bddgepoint Landing) located east of Lexington Road, south of State Highway 358; requiring the owner to comply with the specified conditions. (Attachment # 20) First Reading Ordinance -Waiving the 60-Day waiting peded and publication of legal notice; renaming the park at 14125 Jackfish Avenue from Seagull Park to UIIberg Park. (Attachment # 21) PUBLIC HEARINGS: Public Hearing to consider an ordinance amending Ordinance 4168, The Platting Ordinance of the City of Corpus Chdsti, by redesignating Section III.B.l.d as Section III.B.l.e and by adding a new Section III.B. 1 .d regarding submission of electronic data for final plats for incorporation in the City's Geographic Information System; providing for penalties. (Attachment # 22) First Reading Ordinance-Amending Ordinance 4168, the Platting Ordinance of the City of Corpus Chdsti, by redesignating Section IIl. B.l.d as Section IIl. B.l.e and by adding a new Section IIl. B.l.d regarding submission of electronic data for final approved plats for incorporation in the City's Geographic Information System; providing for penalties. (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Rei'er la legend at ~e end o~ the agenda summary) Agenda Regular Council Meeting Februar~ 22, 2005 Page 8 22.c. 23. 24. First Reading Ordinance - Amending Chapter 14, Development Services, Code of Ordinances, City of Corpus Chdsti, relating to submission of digital data for the Ci~s Geographic Information System; providing for penalties. (Attachment # 22) ZONING CASES: Case No. 0105-06, Ike Omelas: A change of zoning from a "R- lB" One-family Dwelling District to an "A-2" Apartment House District. The property is in Bass Subdivision, .28 acre out of Lots I and J, Block 27, .13 acre out of Lot J, Block 27, .30 acre out of Lot J, Block 27, .13 acre out of the north part of Lot J, Block 27, and _13 acre out of Lots I and J, Block 27, located south of Sandra Lane and 3,000 feet east of Airline Road. (Attachment # 23) Plannina Commission and Staff's Recommendation: Approval of the "A-2" Apartment House Disldct. ORDINANCE Amending the Zoning Ordinance, upon application by Ike Omelas by changing the zoning map in reference to Bass Subdivision, .28 acre out of Lots I and J, Block 27, .13 acre out of Lot J, Block 27, .30 acre out of Lot J, Block 27, .13 acre out of the north part of Lot J, Block 27, and _13 acre out of Lots I and J, Block 27, from "R-lB" One-family Dwelling District to "A-2" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESENTATIONS: Public comment will not be solicited on Presentation items. Cdme Control and Prevention Distdct Quarterly Project Update. (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Re~er lo legend at Ihe end of agenda summary) Agenda Regular Council Meeting Febmary 22,2005 Page 9 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25. Motion authorizing the City Manager or his designee to execute an agreement with BFI/Allied, Inc. for the operation of Landfills at J. C. Elliott Landfill and Cafe Valenzuela Landfill, including the authorization of the sale of City equipment to BFI/Allied, Inc. and to execute a Put/Pay contract for the guaranteed delivery of 150,000 tons of waste per annum to the Cafe Valenzuela Landfill when it opens. (Attachment # 25) PUBLIC COMMENT FROM THE AUDIENCE ON MA'I-rERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WI-IICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made or,he meeling; therefore, please speak into the microphone located at the podium and sta~e your name and address. If you have a ped~on or o~her information pe~aining to your subject, please present it to the City Secretary.) Si usted se dlrfge a la junta y cree qua su ingl~s es limitado, habr~ un intdrprete inglds-espaf~t en la reuni6n de la junta para ayudade. PER ClTY 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. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the Ci~ Council may elect to go into executive session at any time dudng the meeting in order to discuss any matters listed on the agenda, when authorfzed by the provisions of the Open Meeting Act, Chapter 551 of ~he Texas Government Code, and that the City Council specifically expects to go Into executive CITY COUNCIL PRIORITY ISSUES (Rear lo leg~d at ~3e end of Ihe agenda summary) Agenda Regular Council Meeting February 22,2005 Page 10 26. 27. 28. N= 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 wi//be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.074 for deliberations regarding the evaluation of the City Secretary, with possible discussion and action related thereto in open session. Executive session under Texas Govemment Code Section 551.071 regarding Cause No. 04-06556-A, City of Corpus Chdsti, Texas vs. Air Liquide Amedca, L.P., et al, in the Distdct Court of Nueces County, Texas, 28"' Judicial District, with possible discussion and action related thereto in open session Executive session under Texas Government Code Section 551.071 regarding In re: Tomas Duran, Debtor, Bankruptcy No. 04-21514-C-7, including all related Adversary Proceedings and removed state court action pending as Adversary No. 04-2143-C, City of Corpus Chdsti v. Entrust, Inc., Tomas Duran, and Duran Insurance Brokerage (formerly Cause No. 04-3928-G, City of Corpus ChdstJ, v. Entrust, Inc., et al, In the 319"' Judicial Distdct Court of Nueces County, Texas), and also regarding Cause No. C-04-500, Tomas Duran v. City of Corpus Christi, David Garcia, Donna James, Lee Dumbauld, George Noe, Keith McNeely and McGdff, Seibels, and Williams, Inc., In the United States Distdct Court for the Southern District of Texas, Corpus Chdsti Division, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or repot'Is from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Re[er Io legend at ~3e e~l of ~e agenda summary) Agenda Regular Council Meeting February 22, 2005 Page 11 29. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79 "' Texas Legislature. 30. CITY MANAGER'S REPORT * Upcoming Items 31. MAYOR'S UPDATE 32_ COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This age~da was posted on the Cib/s official bulletin board at the I:ront entrance to~, C, ity Hall, 1201 Leopard Street, at ~:C)O p.m., fC ~:'~Mrl.ir~.j J ,~ , 2005. City Secretary CITY COUNCIL PRIORITY ISSUES (RelL-r to legend at the encl of the age~:la summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cclexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action Item that Implement council priority Issues. 1 MINI. ITES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 15, 2005 - 10:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Bill Kelly Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Rex Kirmison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. George Pledger with the Weber Road Church of Christ and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 8, 2005. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointments were made: Committee for Persons with Disabilities Mary J. Saenz (Reappointed) Brian Watson (Reappointed) Roberto M_ Flores (Reappointed) Eloy Soza (Reappointed) David Walker (Appointed) Human Relations Commission Gilbert Fuentes (Appointed) O.K. Smith (Appointed) Jennifer Starr (Appointed) Leadership Committee for Senior Services Roland Medrano (Reappointed) Alan D. Bligh (Reappointed) Marion Ball (Reappointed) Donna Made Cisneros (Reappointed) Lou Trlica (Reappointed) Teresa Martinez (Appointed) Leadership Committee for Sr. Svcs. (con't,) Yvonne Mendez (Appointed) Kathy Herron (Appointed) Sister City Committee Omar Garcia (Appointed) Dr. Ridge Hammons (Appointed) Small Business Advisory Committee Carmen Arias (Appointed) Anita Cadena (Appointed) Joe Cisneros III (Appointed) Anne Drier (Appointed) Sylvia Ford (Appointed) Rose M. Gonzalez (Appointed) L.C. (Bud) Harris III (Appointed) Carole Peterson (Appointed) Lamont Taylor (Appointed) Minutes - Regular Council Meeting February 15, 2005 - Page 2 Mayor Neal referred to the presentation on the day's agenda, a status report on the Downtown Transportation Study by the Regional Transportation Authority (RTA). Noting that this was a presentation item, Mr. Chesney stated he understood Mr. Kinnison had previously requested an action item on the trolley item so the Council could formally provide direction to the RTA on the streetcar project. City Secretary Chapa replied the Council could make a motion after the presentation to direct the City Manager to place a related item on a future agenda_ Council Members Kelly and Scott abstained from participating in the discussion on this item. RTA Director Ricardo A. Sanchez stated today's status report was comprised of four topics: challenges and opportunities; current status; next steps/key turning points; and project significance. Regarding the challenges and opportunities, Mr. Sanchez reported the new attractions in the Bayfi'ont Arts and Science Complex (e.g. arena, baseball stadium) will impact the area in the following ways: increased traffic on arterials; increased demand for parking; and reduced connectivity to attractions. Mr. Sanchez stated the RTA's consultants were predicting that the number of visitors attending the area's venues would double fi-om 362,000 to 761,000 within the next two to three years. In addition, the parking study recently commissioned by the city showed that there would be 20 or 30 days of the year where the parking demand would exceed the available 2,800 parking spaces in the area. Finally, he said the RTA was facing the need to respond to other service requests above and beyond the Bayfi-ont Express. To date, the Bayfi'ont Express had transported about 25,000 people in the past three months. Mr. Sanchez discussed aspects of the South Central Area Development Plan, which he felt served as the RTA's transportation blueprint for the area. He said the plan supported an enhanced public transportation system, like the streetcar, that would minimize congestion, act as an economic stimulus, and serve as an attraction unto itself. After reviewing the South Central Area Development Plan and considering the current situation in the downtown area, Mr. Sanchez reported the RTA's consultants had developed six transportation objectives as follows: provide for a balanced transportation system; connect uptown to downtown to the Bayfi'ont; encourage public-private development along stations; make uptown, downtown, and the Bayfi-ont more pedestrian friendly; reinforce the visitor economy; and provide services that are cost-effective. RTA Director of Operations David V_ Seller discussed the current status of the Downtown Transportation Study. Mr. Seller briefly reviewed the evolution of the project. The study actually began in 2001, resulting from public concerns about traffic circulation and parking related to the arena project. A meeting between the RTA, the Port of Corpus Christi, the Downtown Management District (DMD), the Chamber of Commerce, the Metropolitan Planning Organization (MPO), and the City was held to discuss transportation issues in the downtown area. He stated the RTA was asked to take the lead role in the development of the transportation study. Mr. Seller reported the fa-st phase of the Downtown Transportation Study was a feasibility study, funded primarily by the MPO with limited participation from other partners. The study included an extensive public participation effort, including public presentations and public surveys_ Subsequently, he said the general consensus at that time indicated the preferable choice was a fixed Minutes - Regular Council Meeting February 15, 2005 - Page 3 rail system. The second phase was the environmental study process which, afer two years, has culminated in a complete environmental assessment draft. Mr. Seiler discussed the principal issues identified in the feasibility study. The first issue was the need for an upgraded transportation system, and the evolving considerations related to this. The second issue was what type of vehicle was preferable, and a preference for a wntage or more contemporary streetcar system was indicated_ The third issue was the preferred alignment, and a significant discussion ensued in the community regarding this issue. The discussion culminated in the City Council's resolution passed on May 2004 which placed a strong emphasis against any type of improved transportation system or rail type on Shoreline Boulevard south of IH-37. Consequently, this preferred alignment was included in the environmental assessment study draft. Mr_ Seiler briefly reviewed selected aspects of the City Council resolution regarding the streetcar system passed on May 11, 2004_ The resolution stated the Council supported the general concept of an enhanced transit system including, but not limited to, a streetcar system. The Council also urged the RTA to complete the environmental assessment, but cautioned that the Council's expression of support should not be interpreted as a funding commitment. Finally, he said the resolution emphasized the Council did not support the development of a trolley system on Shoreline Boulevard south of 1H-37. Mr. Seiler displayed a slide illustrating the hybrid route selected for the environmental assessment study. The route traveled along Water Street between William SU'eet and IH-37, and along Shoreline Boulevard between IH-37 and the new arena. Mr_ Seiler discussed the contents of the environmental assessment administrative draft. He stated it was a comprehensive document, including a no build analysis, vehicle types study, financing scenarios, capital and O&M costs, and site impact_ Mr. Seiler reported on the next steps to making an informed decision on the streetcar system. He commented there seemed to be a perception that the RTA was ready to begin preliminary engineering on the project, which was false, although the RTA Board of Directors could opt to do this in the future_ He said the RTA staff was working with the Federal Transit Administration regional office to follow the appropriate steps for a project of this scope. The steps included in the environmental assessment draft were as follows: amending and approval of Environmental Assessment Administrative draft; providing notice of availability (NOA) comment period and public heating; approval of "Finding of No Significant Impact" (FONSI); MPO Transportation Improvement Program (TIP) amendment; and Project Management Plan (PMP). With regard to Step One, the envh-onmental assessment (EA) admimstrative draft, Mr. Seiler reported the draft was sent to the Federal Transit Administration (FTA) regional office in December 2004. Staff expected to receive FTA comments on the proposal within 30 days, and then would integrate their comments into the final document. He said the FTA would judge the proposal on the following criteria: technical merit; addresses the required elements; and fundable from a federal perspective. Once the revisions were made, the amended environment assessment (EA) would be submitted for approval and signature. After the environmental assessment was signed, Mr. Seiler stated Step Two was to release Minutes - Regular Council Meeting February 15, 2005 - Page 4 the document for 30 days of public review, known as the Notice of EA Availability (NOA) period. The document is also made available to federal, state and local agencies with an interest in the project. In addition, the RTA would hold a public meeting to determine whether any significant environmental impacts were identified. Mr. Seiler stated the RTA would then refer any comments to the FTA as part of the Finding of No Significant Impact (FONSI) document, Step 3 of the process_ The RTA would submit a draR FONSI with the approval of the RTA Board of Directors. The draft would include the following elements: summary of comments/responses from the NOA process; confirmation of locally preferred alternative (LPA) route by the RTA Board; and an FTA review period of 30 to 90 days. The RTA would revise the FONSI according to the FTA's review comments, and then submit the amended final FONSI document for approval and signature. Mr. Seiler reviewed the £mal steps of the process as follows: amend the MPO Transportation Improvement Program subject to MPO approval; completion of Project Management Plan (PMP) subject to FTA approval; and request approval from FTA to enter into Preliminary Engineering_ Mr. Seiler discussed the Project Management Plan in more detail_ He said it was basically a business plan, in which the RTA assessed whether the project was viable for the RTA and for the community. Other considerations would be the RTA's capacity to implement and maintain a new major system along with its current system, the establishment of a formal financial plan (including capital and O&M costs), a description of how the RTA would manage the project, and further interaction with stakeholders. He emphasized the PMP must include deliberations with stakeholders affected by the project and address all agencies' issues and roles (i e. right-of-way agreements, relationships to other projects). Finally, Mr. Seiler reported on the various capital funding sources. The RTA estimated that 50 to 80 percent of the funding would come fi-om federal sources, such as the FTA New Starts program, other Section 5309 discretionary funds, and Section 5307 formula funds. The remainder of the funding would come from State sources (e.g. TERP, Statewide Transportation Enhancement), regional and local sources (RTA, Port, and MPO, in-kind sharing, etc_), and private sources. Mr. Sanchez concluded the presentation by providing his perspective on the project's significance_ He said transit-integrated or oriented development was a national trend that greatly benefitted communities. There were many urban areas vying for FTA New Start Program funding, and he noted there was a recent resurgence in the popularity of the streetcar concept. Mr. Sanchez stated there were numerous unanswered questions that required further study and final consideration_ He said RTA staff?was committed to working even more closely with city staff?to respond to all transit challenges. Finally, he said the RTA was committed to recommending the most appropriate and the best transportation "solution". In closing, he said Corpus Christi deserved a "First Class Public Transportation System" to meet the needs of first class venues. Mr. Colmenero spoke in support of continuing with the environmental assessment process because he felt it would provide more information on the "big picture" related to the downtown area's transportation needs. Mr. Chesney spoke against continuing with the streetcar project because he felt the project Minutes - Regular Council Meeting February 15, 2005 - Page 5 was not in the best interests of the community. He said a rubber tire trolley could address the transportation needs of the downtown area and its new attractions just as well as a fixed rail trolley, with the advantage of being more flexible and less expensive. He also said he had received numerous calls from citizens who were opposed to the streetcar system. Therefore, he thought it would be best to stop the process now. Mr. Chesney asked that an item regarding the streetcar project be placed on the agenda for a vote so the community will know where the Council stands on the issue. Mr_ Kinnison stated he had asked for this presentation to provide the Council with the opportunity to clearly communicate to the RTA their stance on the streetcar project. He asked for a project timeline. Mr. Seiler replied the anticipated completion date for the Project Management Plan was May 2005 for submission to the FTA. The preliminary engineering and the final engineering would probably be completed in one year. Pending FTA funding approval, Mr. Seller believed the earliest time the project could be operational was in 2009. Mr. Kinnison believed the baseball stadium area already had sufficient parking for most events. He reiterated the city was not going to commit any direct funding to the project, and even went so far as saying the city would not provide indirect funding either. He also believed the RTA stated he did not believe the RTA could fund the project_ He asked for a capital cost estimate on the project. Mr. Sancbez replied the streetcar project was roughly estimated to cost approximately $32 to $32.4 million, or $9 to $11 million per mile. He noted that Galveston had experimented with hybrid technology which decreased the cost to $4 million per mile, which he felt made the project more achievable. Mr. Kirmison also thought the streetcar project timeline did not coordinate well with the city's current capital projects in the bayfi'ont area near the arena and federal courthouse. He did not want a situation to arise where the city would complete construction in these areas, only to have the RTA wreck the area's streets for the stxeetcar project construction. Mr_ Sanchez emphasized the importance of having a good master plan to prevent this situation fi-om occurring. Finally, Mr. Kinnison did not believe this project was a high priority for the community because it did not seem to have high levels of support. Thus, he reiterated that it was important that the Council convey this message to the RTA now if in fact it was the majority view. Mr. Noyola spoke in support of continuing with the environmental assessment portion of the streetcar project. He said it would be premature to terminate the project now without the results of the EA because it would provide the answers to many of the important questions. Mr. Sanchez agreed, saying he also felt it would be appropriate to complete the study. At some point, the city would require a more advanced method of transportation to meet its needs. Mr. Noyola stated the study was first commissioned because of traffic and parking concerns in the area. He said he had not received a single call from his constituents in opposition to the project. He felt it was important to receive a professional opinion on whether the project was feasible. He also stated he would support indirect city funding to the project to assist the RTA. Mayor Neal stated he would like to reach a decision point regarding the streetcar project. He asked what answers the environmental assessment would provide. Mr. Seller replied the EA Minutes - Regular Council Meeting February 15, 2005 - Page 6 would determine whether the FTA felt the project had technical merit and whether it was economically feasible_ Since the FTA would be the primary funding source for the project, if the EA review was not favorable, then the streetcar project would be impossible to undertake. In addition, Mr. Seller said the Project Management Plan (PMP) would provide the answers to every question the Council had today. Mayor Neal asked when the PMP would be completed. Mr_ Seller replied the PMP would be completed by early May at the latest. Mayor Neal stated he felt it was important to make a decision regarding the streetcar project before April 1 (Note: City Council election takes place on April 2). He suggested the Council wait until the last Council meeting in March for the results of the Project Management Plan and Environmental Assessment_ Mayor Neal stated it was essential that the results indicate whether the project would receive FTA funding. He said once these studies were received, then the Council could make an informed decision Mr. Chesney asked if any public dollars would be spent on the streetcar project between now and April 1. Mr. Sanchez replied that no dollars would be spent during this time per/od. He said the Mayor's timeline was feasible, and he would discuss the matter further with the RTA Board of Directors. In response to Mr. Kinnison's question, Mr. Seiler stated that on or before April 1, the RTA should have a very good idea of what the maximum level of funding from the FTA would be. Mr. Kinnison asked what level of federal funding staffthought the project would receive. Mr. Sanchez guessed it would be between 50 to 60 percent of the maximum $25 million in funding, or approximately $15 million. If the projected cost estimate for the entire project was $34 million, Mr_ Kinnison reiterated he did not believe the RTA could make up the $17 million difference_ Mayor Neal called for consideration of the consent agenda (Items 4 - 15). City Secretary Chapa announced that Mr. Kelly was abstaining from the vote and discussion on Item 6. Mr. Abel Alonzo requested that Item 6 be discussed. Mr. Noyola requested that Item 7 be discussed. A motion was made and passed to approve Items 4 through 15, constituting the consent agenda, except for Items 6 and 7, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005-046 Motion approving a supply agreement for brass service fittings in accordance with Bid Invitation No. BI-0007-05 with National Waterworks, Inc., of Corpus Christi, Texas based on low total bid for an estimated annual expenditure of $103,334.70. The fittings will be stocked by the Warehouse and distributed to Water Department. The term of the agreement is twelve months with option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_ Minutes - Regular Council Meeting February 15, 2005 - Page 7 10. ORDINANCE NO, 026142 Ordinance appropriating $30,223 from the State Homeland Security Grant in Fire Grants Fund 1062 for purchase of a building access and security system for the Frost Bank/Emergency Operations Center building. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". MOTION NO. 2005-049 Motion authorizing the City Manager or his designee to execute a construction contract with RCM Construction, Inc., of Corpus Christi, Texas in the amount of $456,050 for the Wastewater Clean-out Installation Program FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO, 2005-050 Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpns Christi, Texas in the amount of $31,125 for a total restated fee of $813,398 for the Force Main Repairs and Replacement - Country Club Estates Lift Station Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2005-051 Motion authorizing the City Manager or his designee to authorize a construction agreement in an amount not to exceed $88,582.43 with AEP for street light installation and relocation of electrical power lines on Port Avenue between Sam Rankin and United States Highway 181. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting February 15, 2005 - Page 8 11.a. ORDINANCE NO. 026143 Ordinance appropriating $61,120.14 from unappropriated interest earnings and miscellaneous revenues from Park Capital Improvement Program Fund No. 3280 for miscellaneous change orders and amendments; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $61,120.14. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gm'rea, Kelly, Kinnison, Noyola and Scott, voting "Aye". 11.b. ORDINANCE NO. 026144 12. 13. Ordinance appropriating $9,994.86 from unappropriated interest earnings and fi.om Park and Recreation 2001 Capital Improvement Program Fund No. 3288 for miscellaneous change orders and amendments; amending the Capital Budget adopted by ordinance No. 025647 by increasing appropriations by $9,994.86. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2005-052 Motion authorizing the City of Corpus Christi's proportional contribution of the local share of administrative expenses for regional water planning activities during FY2005, required by Senate Bill 1, 75t~ Texas Legislature, in accordance with the Interlocal Agreement for Water Planning Activities approved by Motion 98-034, with the City's remaining share, according to the formula adopted by the Regional Water Planning Group, to be $44,309.51. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ORDINANCE NO. 026145 Ordinance governing City Elections in 2005, including Appointment and Compensation of Election Officials, Voting Systems, Ballot Boxes, and Central Counting Station. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting February 15, 2005 - Page 9 14. MOTION NO. 2005-053 Motion authorizing the City Manager to execute a Deferment Agreement with Onac Development, Inc., owner and developer of The Boardwalk Unit 2 Subdivision in the amount of $1,114,560.32 for public improvements including street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains to serve The Boardwalk Unit 2 Subdivision, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gan-eR, Kelly, Kinnison, Noyola and Scott, voting "Aye". 15. ORDINANCE NO, 026146 Abandoning and vacating a 1,250-square foot portion of a 10-foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (between South Port Avenue and Harmon Street); subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_ Mayor Neal opened discussion on Item 6 regarding the transfer of the ownership of the arena from the Corpus Christi Business and Job Development Corporation (4A Board) to the city_ Mr. Abel Alonzo, 1701 Thames, asked why the arena was being transferred to the city, since he thought the city had been responsible for the arena. City Manager Noe explained the city had served as the agent for the 4A Board, and the projects had been approved by the 4A Board as required by statute_ City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2005-047 Motion to accept ownership of the American Bank Center Arena fxom the Corpus Christi Business and Job Development Corporation with an effective date of February 7, 2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Mayor Neal opened discussion on Item 7 regarding a construction contract for wastewater line cleaning in the Broadway Basin. Mr. Noyola asked why there was such a discrepancy in the bid amounts of the local bidder, Jhabores Construction, and the out-of-town bidders_ City Engineer Jmgel Escobar replied that Chief Environmental Survey of Houston, TX, the apparent low bidder, had extensive experience in cleaning large wastewater lines that required specialized equipment. He said it was very specialized work that local contractors did not have the equipment or expertise to complete. City Secretary Chapa polled the Council for their votes as follows: M i~ ~[~c, - Regular Council Meeting Febrt,aty 15, 2005 - Page 10 7. MOTION NO. 2005-048 Motion authorizing the City Manager or his designee to execute a construction contract with Chief Environmental Surveys, of Houston, Texas in the amount of $283,460 for the Broadway Basin 15-inch and Larger Wastewater Lines Cleaning FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for a brief recess to present proclamations. The Council returned fi.om recess, and Mayor Neal called for petitions fi.om the audience_ Mr. Jack Gordy, 4118 Bray, spoke regarding his concern that the doors of City Hall were locked after hours, even when people were still in the building for meetings or working late, saying this was a violation of the fire code. He also stated the American flag was not folded properly in a display case on the first floor of City Hall. City Secretary Chapa replied that the maintenance department was looking into the matter. Mr. Crystal Lyons, 13901 Cabana North, spoke in favor of continuing the RTA streetcar project, and also expressed concern about mobility issues in the arena area. Mr. Abel Alonzo, 1701 Thames, spoke regarding city funding of MHMR. Mr. Roland Barrera, 2621 Carnargo, and Mr. Roland Garza, 2854 Alvin Drive, also spoke in favor of the continuing with the RTA streetcar project, saying the community should be allowed to decide the project's fate. Mr. Garza also asked for more crosswalks in the south side of the city, especially at the intersections of Airline and McArdle Streets, and Doddridge and Alameda Streets, among others. 26. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: Executive session under Texas Governrnent Code Section 551.071 regarding Cause No. 04- 06556-A, City of Corpus Christi, Texas vs. Air Liquide America, L.P., et al, in the District Court of Nueees County, Texas, 28~h Judicial District, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting February 15, 2005 - Page 11 27. WITHDRAWN Executive session un&, Texas Gov,..,m,..t Code Sc,.ti,,,, 551.071 ,,.s~,ding In cc. To.,as ~,~, De~,, B~y No_ ~-21514-C-7, including all tcla~d Adw,~ y P,u~e~di.gs ~d ~ ~i.~ed s~tc c~ t ~.tion p~.d~g ~ Adw, ~ No. ~-2143-C, C~ of Co~ CF~ isti v. Ec~t, Inc_, To,.~ ~a,,, ~,,d Du, al, Inm~nce Blok~,~g. (~.,,~dy Ca~e No. ~- 3928-G, Ci~ ~Cot~ Cl~i~ti, v. E.h ~h h~c., ct al, In the 319~ Judicial Dia~ct Cou~ of Nucee~ Cou.ty, Text), ~,d also ~dlng Cause No_ C-~500, To.m~ ~r~, v. Ci~ of Co,~as CkM~ti, Dasd G~cla, D~a Jmn~, Lee ~,,,baul~ G~ N~, Kcifl, McNccly ~d MeG,iff, Stills, &,d Will;~.,., h.c., hi fl~c Uni~d Sht.s Di.hi~t ~t ~, ~c So~,~,,, Di~hl.t of T.~, Co,~os Cl.i~ti Division, ~th possible di~ussion and ~tioa ~elated th~..to h op~, scssi~. The Council went into executive session. (*Melody Cooper left at 1:00 p.m.) The Council returned fi.om executive session, and Mayor Neal referred to the public hearings on the day's agenda_ City Secretary Chapa announced that Item 16 regarding a number of street closures was being withdrawn. 16.a. WITHDRAWN Public he,~ing to consid,., abandoning and vaearh,g a 53,492-squ~. foot poRioa ~ the A~uc "F" ~h~t fi~ay, c,~,th ~E~t Na~igatio. B~ulcv~d, fi~,~ E~t Navigation B~lcv~d to B,~, A~nuc. 16.b. WITHDRAWN Fi~t Re,~dh,g Ocdi.ancc - Aba~ldo.i.g and vac,aMg a 53,492-sqt~.. foot po~tloa Av~,mc "F" ~t h~t~f-way, n~ ofE~t Navigatlo,, B~lcv&d, fi~m E~t Navigation B~lev~d ~ B~e~t~, Aw.ac, subject ~ ~,'s co.,vli~ ~th thc s~cified 16.c. WITHDRAWN Public hca, lng to coasi&, abandoal.g and w,.,~ting a 16,683-square foot p,~di,m of the Texaco Road she,.t ,ight~of~way, north of E~t Navi~atlo,, Boulc~md. b~twc~,, East Navigation Boulevard to B,~ak-wat~, Av~.ae. 16.d. WITHDRAWN Fi,~t Reading O, dlr.~,,.c - Abaadoni.g and w,.a6ng a 16,683-sq~a.. foot pmtlon of thc Texaco Road .t~,.,.t riisht~rf~vay, nodh of East N~eigatioa Boul¢.,~d. b~twc,~,, East Navigation Boulcva.d and B,cak-wat~, A~,,ae, subject to owl,~,'s ¢OlnlJlia,,CC with thc spcciflcd coaditio,~s. Minutes - Regular Council Meeting February 15, 2005 - Page 12 16.e. WITHDRAWN Public heating to consld,., ab~,,do.i.g a.d vacati.g a poirio,, of East Navi~;,~tion Boulevard (3.880 ,,,.,~.s), fi,~., Si~,,,o~ Road a,,d Av,.,,uc "F". 16.f. WITHDRAWN Fi,~t R.adl.g O,dinancc - Abandoning and vac,alng a po, tlon cffEast Navigatlo. Boulex a~d (3.880 ac, cs), fi~,,. Sir,,-o, Road and Av,.,,.~c "F", subjc,.t to ow'n,., 's co,.pliaace with the specified conditions. Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following fight-of-way closure: 17.a. Public heating to consider abandoning and vacating a 42,471-square foot portion of an undeveloped and unsurfaced 30-foot wide dedicated public right-of-way out of Lots 12 and 13, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580-feet southwest of the dead-end portion of the Junior Beck Drive street right-of-way). No one spoke in opposition to the right-of-way closure. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 17.b. ORDINANCE NO. 026147 Ordinance abandoning and vacating a 42,471-square foot portion of an undeveloped and unsurfaced 30-foot wide dedicated public right-of-way out of Lots 12 and 13, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580-feet southwest of the dead-end portion of the Junior Beck Drive street right-of-way); subject to owner's compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Chesney were absent. Mayor Neal referred to Item 18, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1204-07, Tim J. Mokry: A change of zoning from a "R-lB" One-family Dwelling District to a "B4" General Business District, being 11.023 acres out of Lots 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located north and south of Corsica Road and east of South Staples Stxeet. City Secretary Chapa said the Planning Commission and staffrecommended the denial of the "B4" General Business District and in lieu thereof, approval of an "A-1" Apartment House Minutes - Regular Council Meeting February 15, 2005 -Page 13 District on Tract - 1 and a "B-I" Neighborhood Business District on Tract - 2. Mayor Neal asked for public comment. Ms. Thelma Mokry spoke against staffs recommendation, saying she was in favor of the "B-4" zoning. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 026148 Amending the Zoning Ordinance, upon application by Tim J. Mokry by changing the zoning map in reference to 11.023 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 31 and 32 fi.om "R-lB" One-family Dwelling District to Tract 1 - "A-i" Aparhnent House District and Tract 2 - "B-I" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the public heating on the following zoning case: Case No. 0105-01, Mostagbasi Investment: A change of zoning from an "A-I" Apartment House District to a "R-lC" One-family Dwelling DisWict on 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10 and 11, located north of Jessica Drive and New Bedford Street. City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "R-lC" One-family Dwelling District. No one spoke in opposition to the zoning change. Mr. Colmenero made a motion to close the public heating, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO_ 026149 Amending the Zoning Ordinance, upon application by Mostaghasi Investment by changing the zoning map in reference to 11.91 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10, and 11 from "A-1" Apartment House District to "R-lC" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations fi'om the existing Comprehensive Plan_ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garreth Kelly, Kirmison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting February 15, 2005 - Page 14 Mayor Neal referred to Item 20, and a motion was made, seconded, and passed to open the public heating on the following zoning case: Case No_ 0105-02, Ali Pilehvari: A change of zoning from a "R-lB" One-family Dwelling Disa'ict and "R-lB" One-family Dwelling District with a Special Permit to a Neighborhood Business District on Alameda Park, Block 6, Lots 33 and 34, located west of Everhart Road and 200 feet south of Avalon Street. City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "B-1" Neighborhood Business District_ No one spoke in opposition to the zoning change_ Mr. Scott made a motion to close the public heating, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 026150 Amending the Zoning Ordinance, upon application by Ali Pilehvari by changing the zoning map in reference to Alameda Park Subdivision, Block 6, Lots 33 and 34 fi-om "R-lB" One- family Dwelling District and "R- 1B"/SP One-family Dwelhng District with a Special Permit to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal referred to Item 21, and a motion was made, seconded, and passed to open the public heating on the following zoning case: Case No. 0105-03. Michael L. and Nan M. Hughes: A change of zoning fi.om a "B-4" General Business District to an "I-3" Heavy Industrial District in Lindale Park Addition, Block 1, Lot 2A, located along the northwest comer of Swantner Drive and Ohio Street. City Secretary Chapa said the Planning Commission and staffrecommended the den/al of the "I-3" Heavy Industrial District and in lieu thereof, approval of a Special Permit for a fourteen foot by fourteen foot pet crematorium building subject to Texas Commission on Environmental Quality Permit regulations. Assistant Director of Development Services Michael Gunning reported the applicants Michael and Nan Hughes requested the change in zoning fi'om a "B4" General Business District to an "I-3" Heavy Industrial District to install a pet crematorium at their veterinary clinic located on the comer of Ohio Avenue and Swantner Drive. He said the Planning Commission denied their request for an "I-3" district, but recommended a Special Permit for the pet crematorium. The Special Permit would limit the proposed crematorium to a 14' x 14' building with a height of 8 feet, and would also require the applicants to remain in full compliance with TCEQ permit regulations. Minutes - Regular Council Meeting February 15, 2005 - Page 15 Mr. Gunning said the owners had applied for and received a permit for a crematorium from the TCEQ. The TCEQ considered a pet crematorium an acceptable use for most veterinary clinics. TCEQ guidelines required that the odors and emissions resulting from the crematorium would have a negligible effect on the neighborhood. Mr. Gunning reported there were initial concerns expressed by property owners living in the area, but once staff provided them with more information on the project, they decided not to submit any opposition to the proposed special permit. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public heating, seconded by Mr. Colmenero, and passed. In response to Mr_ Kelly's question, Mr. Gunning stated the TCEQ permit regulations do not allow for the release of any odors, smells, or ashes into the area_ Mr. Kelly asked what the city's enforcement was in the event the applicants did not adhere to the permit regulations. Mr. Gunning replied the city would report any violations to the state for further investigation. Mr. Noyola expressed concern about the affect the crematorium would have on the adjacent residential area. Mr. Gunning replied he knew of one other existing clinic in the city that operated a pet crematorium, but otherwise this was a new use for the city's zoning ordinances. Mr. Colmenero asked how the city would ensure the clinic was in compliance. Mr. Gunning replied code enforcement would inspect the facility only ifa complaint was made, and then they would refer the complaint to the TCEQ for further investigation, and follow-up on the outcome City Secretary Chapa polled the Council for their votes as follows: 21 ORDINANCE NO, 026151 Amending the Zoning Ordinance, upon application by Michael L. and Nan M. Hughes by changing the zoning map in reference to Lindale Park Subdivision, Block 1, Lot 2A (currently zoned "B4" General Business District) by granting a Special P~mfit for a fourteen by fourteen foot animal crematorium subject to the regulations set forth by the Texas Commission on Environmental Quality; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Colmenero and Noyola, voting "No"; Cooper was absent. Mayor Neal referred to Item 22, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0105-04, Vic Kasan: A change of zoning fi'om a "R-lB" One-family Dwelling District to a "B4" General Business Dis~ct. The property is in Brookhaven Subdivision, Block 8, Lot 1, located along the southwest comer of Brookhaven Drive and Brookside Drive. City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "B-4" General Business District. Minutes - Regular Council Meeting February 15, 2005 - Page 16 No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 22. ORDINANCE NO, 026152 Amending the Zoning Ordinance, upon application by Vic Kasan by changing the zoning map in reference to Brookhaven Subdivision, Block 8, Lot 1, fi.om "R-lB" One-family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal referred to Item 23, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0105-05, Alty Enterprises, Inc.: A change of zoning from a "F-R" Farm-Rural District to a "R- lB" One-family Dwelling District being 57.94 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4, located east of Rodd Field Road and south of Slough Road (future Lipes Boulevard). City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "R-1B" One-family Dwelling District. No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 026153 Amending the Zoning Ordinance, upon application by Alty Enterprises by changing the zoning map in reference to 57.948 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4 fi.om "F-R" Farm Rural District to "R-lB" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations fi-om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. Mayor Neal referred to Item 24.a., and a motion was made, seconded, and passed to open the public hearing on the following variance request: Minutes - Regular Council Meeting February 15, 2005- Page 17 24.a. Public hearing on request for a variance to operate an estabhshment with on-premise consumption of alcoholic beverages. Mayor Neal asked for public comment. Ms. Carol Suhip, Tuloso-Midway Independent School District (TMISD) Assistant Superintendent, spoke against the variance request because the establishment, Casa Del Sol Caf6 at 9840 Leopard Street, was 60 feet (property line to property line) from Tuloso-Midway Middle School. The school district felt it was inappropriate to have a restaurant serving alcoholic beverages in such close proximity to a school. Mr. George Garza, representing the Casa Del Sol Caf6's owner, spoke in favor of the variance request_ He said the restaurant opened at 11:00 a_m., and the sale of alcoholic beverages would be incidental to their food sales. (* Melody Cooper arrived at 1:26 p.m.) Mr_ Kinnison made a motion to close the public hearing, seconded by Mr. Kelly. Assistant Director of Development Services Michael Gunning explained the restaurant had operated as Chela's Caf6 since 1973, and had been selling alcoholic beverages as part of their operation. The state law changed recently prohibiting the sale of alcoholic beverages within 300 feet of churches, day-care centers, hospitals, and schools unless the City Council granted a variance to the distance requirements_ Since Chela's Caf6 was an existing establishment, they were grandfathered from adhering to this requirement. The restaurant was sold in November 2004, however, so the new owners were required to obtain their own alcoholic beverage license. Mr. Gunning stated staff felt this restaurant had been in place in the neighborhood for many years with no adverse effects_ He said at least 75 percent of their total sales revenue will come from food sales, with the majority of the alcohol sales occurring in the late afternoons, evenings and weekends when the school was closed. Although the restaurant was 60 feet from the middle school, he said it was part of a shopping center that fronted Leopard Street, an arterial road. Staff denied the initial request Mr. Sanchez had submitted as required by state law, but staffwas recommending that the Council approve the variance request. Mr. Noyola asked if there had been any alcohol-related problems involving the restaurant. Mr. Gunning replied negatively. In response to Mr. Kelly's question, Mr. Gunning replied if the Council were to deny the variance request, then the applicant would be prohibited from reapplying for a variance for one year. Mr. Kelly asked if the new restaurant operator and the school distxict had discussed the matter. Mr. Gunning replied negatively, saying staff was unaware there was any opposition to the variance because of 18 notices mailed out, there were no notices were received in opposition or in favor. Mr. Kelly spoke in opposition to the variance request because he respected Tuloso-Midway Independent School District's wishes in the matter. He suggested that the applicant withdraw his applicant until he had an opportunity to speak with TMISD school board and possibly reach a compromise, rather than risk having the Council deny his request today. Ms. Cooper agreed that the applicant should speak with the TMISD school board to try to reach a compromise in the matter. Mr. Gunning added the Council could also assign conditions to the TABC permit to provide higher safeguards, such as limiting the establishment to a restaurant use Minutes - Regular Council Meeting February 15, 2005 - Page 18 only. Mayor Neal asked if the variance request could be tabled to provide the applicant an opportunity to roach a compromise with TMISD. Mr. Gunning replied affirmatively. Mayor Neal asked Mr. Garza if he objected to tabling the item for a few weeks. Mr. Garza replied that he concurred with this recommendation, and he would speak with TMISD to resolve the issue. Mr. Kelly made a motion to table this item to the flint Council meeting in March, seconded by Ms. Cooper. City Manager Noe pointed out that the TMISD school board did not meet until the first week in March; thus, it would be preferable to table the item until the second meeting in March_ Mr. Kelly and Ms. Cooper agreed to this amendment. The motion passed. 24. TABLED UNTIL THE SECOND MEETING IN MARCH (MARCH 22) Resolution ~,~lting a ~,~,ia,,ce, un&, S¢,~tloi, 4-5(F) crfth¢ Code of Ordin,~,,,~,~:, to B~,,itg,o Sanch~L tu ,,~rate ,~l ~,,,~[,, ~mlsc alcoholic bew, ,~,~ ¢~tablishni~,,t loc. at~d at 9840 Leupasd Mayor Neal opened discussion on Item 25 regarding amendments to the processes related to public access issues. Assistant City Manager Oscar Martinez explained this ordinance passed on its first reading on January 18, 2005. In essence, the intent of the amendments was to clarify the rules and procedures and improve the processes that address Public Access Channel 10. Staffwas requesting the final approval of the two ordinances. To review, Mr. Martinez said the first ordinance amended Chapter 2 of the city code to reduce the duties of the Cable Communication Commission related to access user councils (groups), and repeal a section in Chapter 2 regarding access user groups_ The second ordinance amended Chapter 55, the Rules and Procedures regarding public access cablecasting, to establish that city staff shall function as the public access user group (PAUG) for Channel 10. It also amended the process regarding programs in violation of the Rules and Procedures. Mr. Martinez reported that since the last reading on January 18, there were a number of additional amendments to Chapter 55 being recommended. He said most of the amendments were clarifications to procedural issues. In addition, he said the rules require that the city shall give the cable operators 60 days written notice of any proposed amendment to the Rules and Procedures. Time Warner and Grande Communications received the proposed amendments, and each cable operator had waived the 60 days notice because they had no objections to the proposed amendments_ In conclusion, Mr. Martinez reported the Cable Communications Commission passed a motion on February 7 requesting that the Council provide the commission with more time to review the amended rules and procedures. Mayor Neal asked for public comment. Mr. Jack Gordy, 4118 Bray, and Mr. Roland Garza, 2854 Alvin, spoke against the city assuming the role of the PAUG, and asserted that Channel 18 was also in violation of the Rules and Procedures but was not being scrutinized. Mr. Jerome Bradford Minutes - Regular Council Meeting February 15, 2005 - Page 19 stated the PAUG was not the problem; rather, it was the studio management that was at fault. He mentioned that the Cable Communications Commission had recently certified Mr. Gordy's group as the new PAUG at their meeting last Monday. Mr_ Kinnison expressed concern that having the city serve as the PAUG would create more work for staff. Mr. Martinez replied that he felt it would actually reduce stafftime significantly since it would create clear lines of aecountability and more equitable treatment of the producers. Mr. Kelly was skeptical that assigning staff more responsibilities related to public access would result in less staff time spent on the matter. He was also concerned that more Council time would be spent on these disputes since the proposed amendment would involve the city even more in the process. Mr. Noyola spoke in favor of allowing Mr. Gordy's group to serve as the PAUG rather than the city. He did not want the city to assume responsibility for the PAUG's duties because he did not want more staff time spent on this issue. Ms. Cooper took exception to the Cable Communication Commission's action to certify Mr. Gordy's group as the new PAUG. City Manager Noe replied staff had recommended that the commission table this issue, but the commission ignored this recommendation and certified a PAUG. Ms. Cooper stated the Council had clearly said they did not want another group certified as a PAUG, and the commission should have followed the Council's lead on this matter. She felt the commission's action justified staffs recommendation to have the city serve as the PAUG. She spoke in support of the second reading ordinances. Mr. Chesney spoke in support of the second reading ordinances because he felt it would reduce staff time. He said he had received many citizen calls in support of the action as well_ He also shared Ms. Coopers concern about the Cable Commun/cation Commission's action against the Council's directive, and he asked City Manager Noe to communicate his displeasure to the commission. Mayor Neal sm. ted that if the ordinances passed, he did not want to see more stafftime spent on public access issues. Mr. Martinez replied there would be no additional staffposition created to oversee public access; rather, an existing staffmember would assume the duties within their current scope of work. The Mayor asked what would happen if the ordinances failed. Mr. Chapa replied the existing processes and rules and regulations would remain in place. City Secretary Chapa polled the Council for their votes as follows: Chesney, Cooper, and Scott, voting "Aye"; Neal, Colmenero, Garrett, Kelly, Kinnison, and Noyola, voting "No". The ordinances failed. 25.a. FAIl, ED Sc~u.d Reading Ordinance - Pu,.~,,ding the Code of O,di,.~nces, City of Co,~,as Clulsti, Chapt~ 2, ,cga,di,,~ Cable C,~,,,~,,,mi,.,~tlons Com,,~isslon a,,d Access Us,., Gt,,uFS, F,~,¢iding for p,.,,~ltics. (Fi,~t Reading 01/18/05) Minutes - Regular Council Meeting February 15, 2005 - Page 20 25.b. FAILED Mofi,.,,~ to ameod iM,-,, to seco,,d .~,,dh,g of oM;aa,,ce ,m,~.ding Code of O~din~,,,.cs, City ofCo~pu'~ Claisti, Chapt~ 55, ~ga~ di,,g cults and I-"ocedm es fo, public access cablccasting, tO alh~.l,d coles of cit'y and cable o~,~,,~tv~ 25.c. FAILED Scc~,,,d Reading Ordi.,m,.c - Am~.lldhtg file Code of Ocdinances, Ci~ of Co,pas CIM~tl, Ch,~l.n,., 55, ,~,ding Rul,.~ a.d P, oce&,,~ fo, Public Accco~ Cablccasting_ (Fi,~t Reading Mayor Neal called for the City Managers report. City Manager Noe announced the kick-off of the Neighborhood Pride program in NIP Area #6 (Baldwin, Ayers, Port and Highland area) was scheduled this evening at 6:00 p.m at the Zavala Special Emphasis School. He also thanked Assistant to the Mayor Diana Gatza and Assistant City Secretary Mary Juarez for their assistance with the Institute oftbe Association of Mayors, Council Members and Commissioners conference in Austin_ Mx. Noe also announced that Ms. Annette Rodriguez had been appointed the Acting Director of the City/County Health department. City Manager Noe reported the following items were scheduled for consideration on next week's agenda: allowance for electronics emissions as part of the city's development process; grants for Weed and Seed; and the second and last change order for the baseball stadium project_ Mayor Neal called for Council concerns and reports. Mr. Kinnison asked that the Council consider reviewing the city's financial policies to allow them to submit any changes before the budget was prepared. City Manager Noe added Mr. Kinnison's concern was related to reconciling the Council member election cycle, beginning in April, with the budget cycle, ending in July. Mayor Neal replied the Council would consider Mr. Kinnison's request. Mr. Colmenero reported a resident at the comer of Florence and Gollthar Streets was being cited for putting out their brush outside of the assigned time period, but the resident maintained that the brush truck missed their house during the last pick-up period. He provided the resident's name and phone number to Mr. Noe. He also reported a problem with inoperable vehicles being parked in driveways that were eyesores. He asked staffto work on a plan to address this problem. Mr. Kelly asked for a construction update on Up River Road by Miller High School, saying he had received complaints that the construction was at a standstill. He asked staffto minimize delays in bond project work as much as possible because it sent the wrong message to the voters, who were anxiously awaiting the completion of the projects_ City Manager Noe replied staffwalked a frae line in completing the projects on time while not assuming increased costs. Mr. Kinnison asked why the downtown area was scheduled for garbage pick-up on the weekends, when tourists were visiting town. Assistant City Manager Massey replied when the city went to a six day a week schedule, some areas were shifted to a Wednesday/Saturday pick-up Minutes - Regular Council Meeting February 15, 2005 - Page 21 schedule. Mr. Noe said staffcould change the pick-up schedule for the downtown area, but that would result in a shift for another large segment of the city. He found it difficult to impact a large portion of the city to meet the needs of a small segment. Ms. Cooper asked if the pilot program extending the hours of the animal care facility had begun. City Manager Noe replied negatively, saying it would begin on February 28. Ms. Cooper asked how the city was publicizing the change. Mr. Noe replied he had asked Public Information Officer Cheryl Soward to develop an information program. Ms_ Cooper stated it was important to publicize the change so people would utilize it. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:40 p.m_ on February 15, 2005. 2 PLANNING COMMISSION - One (1) vacancy with terms to 7-31-06. 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 5 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 addttional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. MEMBERS TERM David Berlanga, Chairman Shirley Mires, Vice-Chairman Richard B. Smith ***Neill F. Amsler Eloy H. Salazar Robert Zamora Michael Pusley Fred Braselton R. Bryan Stone ***Resigned INDMDUALS EXPRESSING INTEREST Louis Alvarado David Amori ORIGINAL APPTD. DATE 7-31-05 7-13-99 7-31-05 7-13-99 7-31-07 7-10-01 7-31-06 7-11-00 7-31-06 7-11-00 7-31-06 7-11-00 7-31-07 2-13-01 7-31-07 7-13-04 7-31-05 7-09-02 Realtor/New Construction Representative, Martin Agency Realtors. Professional and commtmity activities include the following: Kiwards Club, C.C. Board of Realtors, Public Relations Director for Quetzal Theatre Group, Hispanic Chamber of Commerce and Hispanic Contractors Association. (4-05-04) Branch Manager, Professional Service Industries, Inc. Received B.S. in Civil Eng/neering and M.S. in Construction Management. Activities include: Amencan Society of Civil Enghaeers, Consulting Engineers Council, Texas, American Institute of Architects and Associated Builders and Contractors. (1- 27-04) Gerald W. Brown, Sr. Rodney Buckwalter James Chroboclnski Guadalupe J. Gomez Coretta Graham Vice President, RSI & Associates. Received degrees in Economics and Finance in North Virginia. Activities include: Institute of Business Appraisers, National Center for Employee Ownership and the Corpus Christi Chamber of Commerce. (4-28-04) Training and Quality Manager, First Data Corporation. Received A.A. in Journalism from Del Mar College, B.A. in Communications and M.S. in Occupational Training and Development from Texas A & M University - Corpus Christi. Activities include: Management Development Advisory Committee Member for Del Mar College, American Society for Training and Development and Patriot's Band and Honor Guard of America Member. (7-21-04) Manager-Skilled Nursing, Corpus Christi Medical Center. Licensed Registered Nurse through Del Mar College. Activities include: volunteer in athletic program at Baker Junior High and multiple committees at C.C. Medical Center. (10-28-04) Former President, The Laredo National Bank. Received a B.B.A. in Finance. Member of the Selena Foundation, Hispamc Chamber of Commerce, and Wes[side Business Association. (7-02-03) Assistant District Attorney, Nueces County. Received J.D. from Texas Southern University. Activities include: Coastal Bend Volunteer Center, Community Youth Development, Corpus Christi Bar Association, and NAACP. Received the 2004 Consortium of Doctors Induction. (11/07/04) Diane LaRue Leon Loeb Account Representative, Interspace Airport Advertising. A.S. in Business Admirfistrat/on from Peirce College and various courses from Temple and LaSalle University. Active in Corpus Christi Leadership Class XXIX. (1-20.03) Owner, LandLord Resouces, LLC. Received M.A. from Harvard University Business School and Harvard University Kennedy School of Government. Activities include: Corpus Christi Chamber of Commerce, Treasurer of the Corpus Christ/ Yacht Club, Advisory Boa.rd for the College of Business at Texas A & M University Corpus Christi, and Chair of the Investment Committee of the Coastal Bend Community Foundation. ($-$1-04) Joseph C. Loon Xavier E. Perez Dale M. Pittman Morgan Spear Paul Swacina Roy B. Tansill O. Wayne Watkins Professor of Geographic Information Systems and Corn-ad Blucher Endowed Chair for Surveying, Texas A & M - Corpus Christi. Received B.S. and M.S. from the University of Cape Town, and M.S. and Ph.D. from Ohio State University. Editor of the national journal "Surveying the Land Information Systems." Inducted as Fellow of the American Congress on Surveying and Mapping in April 2004. (6-30-04) Retired, Teacher. Received B.S. in Physical Education and M.A. in Administration and Supervision. Received award for Coach of the Month and Teacher of the Month. (11-02-03) President/CEO, Construction Assistance. Received certificates in Real Estate and Construction Inspection Work. Member of the Texas Residential ICF Statewide and Local Committee, Associated General Contractors and the Associated Building Contractors. (.q-06-04) President, Morgan Spear Associates, Inc. Received B.A. from the University of Texas at Austin_ Member of the American Institute of Architects, Texas Society of Architects and past president of Corpus Christi Chapter. (S-12-04) Lawyer/Shareholder, Brin & Brin, P.C.B.A. and J.D. from Baylor University. Member of Coastal Conservation Association, Coastal Bend Bays Foundation, Coastal Bend Land Trust and Land Trust Alliance. (7-02-03) Field Technician, URS. M.A. in Clinical Psychology from Loyola College in Baltimore, MD. Community activities include the following: representative to Padre Island Property Owners Association and newsletter editor for Corpus Christi Windsurfing Association. Retired from the Maryland Department of Health and Mental Hygiene. (4-17-02) Self-employed, Architect. Attended Mercer College, Army Command and General Staff College. Licensed Architect for the State of Texas. (2-03-04) 3 CITY COUNCIL AGENDA MEMORANDUM February 22, 2005 AGENDA 1TEM: Motion authorizing the City Manager or his designee to approve a Letter of Agreement between the City and thc Beautify Corpus Christi Association (BCCA) and providing a $25,000.00 grant to BCCA for executing environmentally sustainable rusks like anti-litter campaigns and recycling education throughout the city, particularly in the Neighborhood Initiative Programs' communities. The grant funding duration is fi~m February 15,200~to February 14, 200~. ISSUE: This Letter of Agreement formalizes a joint mission between Office of Environmental Programs (OEP), Neighborhood Initiatives Program (NIP), and BCCA to coordinate efforts including, but not limited to, leadership for city-wide anti-litter and beautification projects, neighborhood clean-ups, recycling, events to promote sustainable environmental-fi'iendly community, promotion of city-wide environmental programs, and distribution of information and educational materials to the public regarding environmental subject matters_ BACKGROUND: The City and BCCA work closely together on mutually beneficial environmental based projects. The City's OEP current annual agreement with BCCA expires on February 14, 2004. For project year 2005, OEP will provide a $25,000 grant fi.om its operating budget to BCCA in order to continue, improve, create, and lead environmental projects that will benefit both the City and BCCA. BCCA will continue to assist the City and take stronger initiatives with sustainability activities in the Neighborhood Pride Program communities and assist with "Make It Sparkle" - anti-litter outreach efforts_ This effort is delineated in the Scope of Work and Budget that is part of the Lettex of Agreemont. The BCCA will designate the Director of OEP, the Director of SWS, and the Director of Parks and Recreation as Ex-Officio (voting) members of its Board of Directors. The term of the agreement is from February 15, 2004 through February 14, 2005. Previous Council authorizations were made on January 14, 2003 and February 17, 2004. c." Director of Environmental Programs ADDITIONAL SUPPORT MATERIAL Baekgl'ound Information [] Contract Summary · Ordinance/Resolution [] Maps [] LEi i ER OF AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND THE BEAUTIFY CORPUS CHRISTI ASSOCIATION This letter of agreement between the City of Corpus Christi ("City") and the Beautify Corpus Christi Association ("BCCA") formalizes our joint mission to lead for a cleaner and more beautiful environment for the enjoyment of residents and visitors to the City. The purpose of this letter of agreement is to solidify our coordinated efforts in the areas of: BCCA shall take a proactive role in helping to sustain a line of communication with the people in the City's Neighborhood Initiative Programs' (NIP) communities in an effort to sustain the achievements created by the NIP programs. · Increasing communication throughout the communities regarding anti-litter and beautification activities. · Encouraging neighborhood cleanup campaigns. · Improving attitudes about recycling and increase participation in the recycling program. · Providing leadership dudng community events for maintaining a sustainable environment. · Distribution of information and educational materials regarding environmental subject matters. · Promotion of City-wide environmental programs. This letter of agreement is effective from February 15, 2005 through February 14, 2006. BCCA shall designate the following City off'~als as Ex-Officio (voting) members of its Board of Directors - Director of Office of Environmental Programs ("OEP"), the Director of Solid Waste Services, and the Director of Parks and Recreation. The City shall provide a grant of $25,000 to BCCA in return for BCCA's efforts to implement the scope of work, described in Attachment A. The budget for this letter of agreement is established in Attachment B. down.ad 1 CONTACT INFORMATION: City of Corpus Chdsti Office of Environmental Programs At'm: Mr. Chul KJm McGuire, Director P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-4064 Beautify Corpus Christi Association Attn: Ms. Daiquid Richard 545 N. Upper Broadway, Suite 300E Corpus Christi, Texas 78476 (361) 855-2888 Beaul~l¥ Corpus Christi Association /R'l~hard Pittnl~an / x7 '- Daiq, BCCA Executive Director City of Corpus Christi George K. Noe City Manager Approved as Legal Form: FRi'mJt A s~~/g~ tto mey For City Attorney Attachment A SCOPE OF WORK · Neighborhood Initiative Program In coordination with the City of Corpus Christi's Director of Environmental Programs arid City's Manager of the Neighborhood Initiative Program ("NIP") and Neighborhood Pride Program ("NPP"), BCCA shall assist the City by taking a proactive role in sustaining the efforts of NIP arid NPP activities within the designated communities. BCCA shall work with applicable departments arid their programs, arid then speak with the residents to promote environmental sustainability including anti-litter arid clean up campaigns, tree plantings and basic information on City codes that may affect the residents. The BCCA Executive Director shall be responsible for proacflvely maintaining an open line of communication with residents to help them improve arid sustain their communities. BCCA shall assist with researching and acquiring any grants that may be available and that is not being utilized by the City or the neighborhoods in assisting the neighborhoods' efforts to improve its beautification arid anti-litter efforts. BCCA shall continue to assist the neighborhoods with planlJng of trees arid other vegetation as a part of the beautification outreach. The BCCA Executive Director shall conduct a follow-up evaluation to ensure proper care of the trees. The BCCA Executive Director shall attend City scheduled NPP meetings to assist the City arid the residents on beautification efforts. · Community Communication on Anti-Litter and Beautification Activities In coordination with the City of Corpus Christi's Director of Environmental Programs and City's Director of Public Information, the BCCA Executive Director shall actively participate in anti-litter arid city beautification efforts and communicate to current and future leaders of organizations, business community, and citizens about the City's anti-litter and beautification activities at both formal and informal public events. BCCA shall continue to partner in significant landscaping projects in Corpus Christi. As the winners of the 2002 Governor's Community Achievement Award and $265,000 in state landscape funds, BCCA is completing a landscaped "Corpus Chdsti" sign at the entrance to the Sister Cities Parkway and has installed a plant mass in Flour Bluff. BCCA shall work with TXDOT to ensure proper maintenance arid adequate and appropriate plant material along our community's right-of-way. BCCA shall submit an application to Keep Texas Beautiful for the Governor's Community Achievement Award. Corpus Christi is eligible to win $265,000 in June 2005, as an addi~3n to the 'Sustained Excellence" Award for our community_ A copy of the application must be submitted to the City's Office of Environmental Programs for recordkeeping. · Neighborhood Clean Up Campaigns BCCA shall schedule, (xx)rdinate, and participate in at least four (4) community- wide clean-up events and two (2) Adopt-A-Beach clean-up events. In scheduling the dean-up events, BCCA shall coordinate the dates ~ City staff to ensure that adequate resources are available to support the events. BCCA shall assist in scheduling, promol~og, coordinating, and supervising the cie, an-up events. Thirteen (13) clean up events in a one-year pedod resulted in 2,395 volunteers con~butiog 7,254 hours and cleaning up 66.96 tons of trash and large debds. BCCA shall take a lead rote in coordinating the recognition of participating organizations and individuals. BCCA's solicitation of additional grants, donations, funds, supplies, and in-kind assistance from other entities shall provide clean up kits with trash bags and gloves to citizens involved in clean up events. BCCA shall communicate the availability of the clean up kits as wall as other reso~rcc--s to the community. · Drafting a Tree Ordinance for the City of Corpus Chris~ As requested, BCCA shall provide a~istance to the City's development of a Unified Development Code and drafting of a Tree Ordinance. BCCA shall conduct grant research into the possibility of hidog and sustaining a position for a City Forester through state or federal matching funds. BCCA shall submit an application to designate our city as a 'Tree City USA' by December 31, 2006. · Recycling As part of the anti-litter and beaufificatk)n effo~s, the BCCA Executive Dl~-~ctor shall serve on the Mayor's Advisor/Committee on Waste Reduction and Recycling, participate in recycling events, and educate the public about the value of recycling. · Community Events BCCA shall provide clean up assistance at community events by distributing trash bags to participants in order to educate the public about containerization and proper waste disposal. BCCA shall continue to take a leadership role speaking to civic groups, clubs, students at area schools, and participants at area fairs and other venues to promote environmental excellence and sustainability throughout l~e community in efforts to improve the City's aesthetic image. download A-2 Dudng the City's Fourth of July Parades and Buccar, ccr Parades, over 28,000 bags have been given to the crowds in the past year, which greatly reduces the amount of trash lea behind. · Promotion of City of Corpus ChristJ's City-wide Environmental Programs BCCA shall help communicate to the public about the City's various environmental programs (i.e., Water, Storm Water, Office of Environmental Programs, Solid Waste Services, Household Hazardous Waste Projects, Wastewater, Code Enforcement) in an effort to educate people about the City's organization and services in order to achieve a higher level of environmental excellence for the community. · Public Information and Education BCCA is coordinating another teacher training session presenting the "Keep America Beautiful" curriculum, ~4/aste in Place: Forty-seven (47) teachers and administrators have already been t]'ained and have begun using the materials in 4 area school districts, one charter school and one parochial school. A session is planned in 2005 using grant funds fTom the EPA and Keep Texas Beautiful_ · Cash for Trash, Litter Critter Programs, and Household Hazardous Waste BCCA shall continue to communicate to area groups and associations about the Solid Waste Services 'Cash for Trash' program and the availability of flea Litter Critters for neighborhood clean ups in an effort to increase participation, and thereby reduce the amount of large debris that is disposed of illegally. BCCA shall also assist the City with communicating to the public about the quarterly free household tmT=rdous waste collection events. Since the program's inception, BCCA has provided free soft drinks to Cash for Trash participants in partnership with the Coca-Cola Bottling Company. · Reporting The BCCA Execu'dve Director shall provide two execu'dve summary reports to the City's Director of Environmental Programs. The first report must be submitted at mid-year of the contract term. The report should summarize ~ activities carried out per the terms of the contract and the progress made. Any deviations from the scope of work must be included. The final report must be submitted within 45 days before the expiration of the contracL The final report must summarize activities carried out per the contract, all accomplishments, and any deviations. A-3 BEAUTIFY CORPUS CHRISTI ASSOCIATION 545 N. Upper Broadway, Suite 30OE Corpus Christi, Texas 78476 Phone (361) 855-2888 Fax (361) 289-2060 PROPOSED BUDGET FOR 2005 ADMINISTRATIVE EXPENSES Monthly Annual Budget Budqet Health Insurance 248.00 $ 2,976.00 InternelANebsite/Computer 125.00 1,500.00 Meals 41.67 500.00 Mileage 12Q00 1,440.00 Miscellaneous 41 _67 500.00 Office Supplies 90_00 1,080.00 Payroll for Executive Director 3333.33 40,000.00 Postage & Delive[y 30.00 360.00 Rent 833_33 10,000.00 Taxes - Payroll 255.00 3,060.00 Telephone US Cellular 90_00 1,080.00 Birch Telecom 82_00 984.00 Travel 62.50 750.00 PROPOSED PROJECTS TOTAL EXPENSES PROJECTED $ 5.394.17 PROJECTED INCOME Grant - City o[ Corpus ChdslJ Grant - Texas Forest Service La Noche Bonita Event Membership Income Rent (in-Kind DonatJon) 15,000.00 15,000.00 $ 1,000.00 10,000.00 TOTAL INCOME PROJECTED $66,000.00 4 CITY COUNCIL AGENDA MEMORANDUM Date: February 22, 2005 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $64,929 to the State of Texas, Cdminal Justice Division for Year 6 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $12,182, $9,600 in-kind services, for a total project cost of $86,711 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant ISSUE: Sixth year funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND INFORMATION: The grant continues support I~or lhe Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a vw'itten report is made by a field officer or [rom a walk-in to the unit at the Police Department. The grant funds one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information cenceming aliernatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a woddng relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. An additional Staff Assistant is requested I.o handle the processing of Emergency Protective Orders. The long term goal of the grant is to provide victims of domestic violence and other sedous crimes with c. nsis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long-term safety needs. REQUIRED COUNCIL ACTION: Approval to submit/he application. PREVIOUS COUNCIL ACTION: Approval of the previous five years applications. FUNDING: The grant provides salary and benefits for one Victim Case Manager, an additional Staff Assistant, equipment, supplies, training, and mileage. The State provides $E~4,929 and the City $21,782 which may be an in-kind or a cash contribution. We are utiliT..Jng the volunteer hours from other agencies Child Protective Services, Police volunteers, etc. to provide $9,600 toward the match. The law enforcement trust provides $12,182 for training, travel, supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant. P. Alvarez, Jr. Chief of Police Grant Coversheet Form 1. ENTER the legal name or the organization's: City ot Corpus ChrisLi 2. ENTER the dtle of the project: Violence Against Women Act Fund (federal CFDA-16.5~) 3. ENTER the division o~ unit b3 administer the ~oject: Corpus Christi Police Department 4. ENTER [he agancy's ~.tate --Payee _ldenti~oation N_umb~r: 00000746000574 'i2, a) ENTER [he Au[hocb'eg Official Information: TiUe (Mr., Ms., Dr., Judge, etc.): Mr Name: George K. Noe Pasilion: City Manager, Cib~ of Corpus Chdsti Address: P O Box 9277 City/State/Zip: Corpus Chdsti Tx Telephone: 361 880-3220 Fax: Email: Georgen@cctexas com 5. Is lhe applicant ocgan[Z, abon deflnquent on any b) ENTER the Project Director Information: federa or stata debr ISE CT Oeel: Yes Ti,e lUr., Us., Dr., Judge, ere.l: vMr-arez' Note: CJD will nol award a grant to an applicant that is delinquent on any Name: Pete Jr, federal or state debt unless they can shew m~tigating circumstances, subject ta CJD approval. Position: Chief of Police. City of C,~rpus Chdsb 6. The funding source ~,~Jr organizatio~ is applying for is: Address: PO BOX 9816 i City/S [a ta./Zip: C,~q~ u s Chdsti Tx 7. ENTER the grant perkx:J: Telephone: 361-886-2604 Fax: From: I 9/112005 I To: I 8/31/2006 Email: palvarez~cctexas.com 8. ENTER the ourren[ grant number ~f a eentinuation p~oject: c) ENTER [he Financial Officer Information: WF~00-V30-15171~5 Title (Mr., Ms., Dr., Judge, etc.): OBMS~en 9 Budget Info~mation (figures are filledin ~m the BudgetForm): Name: Cindy CJD Fun, ds I Cash Mat,? In-Kind Total Position: 10. a) Is this a local or regional p~oject? (SELECT One): Yes City/S ~,teFZip: b) Is ~is grant application in response to a Request Telephone: for Applications (RFA) as published in the Texas Yes Register? (SELECT One): Email: c) If you marked 'No' to ftem 10.b), ENTER the name or the CJD staff member [hat you contacted for submission: This applioaUon subject to a regional COG Pdodtization 11. SELECT the primary service cormty or area: Nueces The regional coundi of government (COG) for this application is: Directs' of Finance, City ot Corpus Christi P.O Box 9277 Corpus Christi Tx 361-88784692_7320 361-880-3~10 Fax; Cindyo~cctexas .cem 13 a) SELECT your organization type based on lhe list of eligible apCicanLs by fund source: City b) !.JST ~e cilie~ and counhes within [he service area: Corpus Christi, Texas I Page 1 of 1 Coversheet Fom] Grant Budget Form Legal Name of Organization: Ti'de of Project: Grant Period: Current Grant Number (If Continuation): Minimum Match Percentage (if Applicable): Minimum Match Amount (If Applicable): 2. ENTER Program Income Applied to I~is Budget (If Applicabta): PERSONNEL A. ViclJm Case Manager-total salaw of $29,820. Case Manager provide~ c~sis counseling, follow-up A. Sfaff Assistant A~alyst- foal salary of $15,348. Staff Assistant will perfucrn a variety of clerical [unctions as needed, maintain data base, develop reports from databases relating to Prolecbve Orders and Magisffate Orders of Emergency Prolecfion, preparing rec~rds and reports; maintains correspondence. B. Fnnge Benefits for tota~ salary= $15,348 (1.TX Municipal Retirement System 14 03%= 2,153.32; 2. FICA @ 7.65%= $1,174; 3. Insurance= $3,250) Volunteer Staff (800 houm @ $12.00Ihour) will provide assistance wilh mail outs, daLa ent~, filing, CVC applications, and other general office duties as needed in order tD successfully meet project goals CONTRACTUAL AND PROFESSIONJM- SERVICES Not A,oplicab~e TRAVEL AND TRAINING A. Local Mileage: 52 mil~s/rcenth @ S0.405 In-state Travel and Training Costs (1 Costs sending Advocate and Volunteers to in-state training conferences. At this tJrne ~ will be unable to be spedhc o~ [raining and opgedunities and costs to be paid by grant funding; 2. Out of SLate Trave~ and Training Costs- Same ~x~ides as In stale b'avel. EQUIPMENT Not Applicable SUPPLIES ANO DIRECT OPERATING EXPENSES A Office Supplies- Include general ob'ice supplies for the project From: $86,711 1. ENTER the C-JD Requested Amount: I Total Project Cost Amounl::L BUDGET DETAIL Salary % Appbed to the Gr~nt C JO Funds Cash Match In-Kind J 564,929 I Total 100.00% $39,535 $0 S0 $39,535 100.00% $17,425 ~,~ $0 100.0'0% So So $9,680 CJD Cash In- Kind $o $o $o CJD Cash In-Kind $0 $250 $0 $2.1,97.5 $9,600 Total Total $0 $1,000 $0 $1,000 $0 $1,000 $~ $1,0~0 CJD Cash In-Kind Total $0 $0 $0 $0 CJD Cash ImKind Tot, al $o S21000 $0 Page I of 2 Budget Form Grant Budget Form B. Communications Cosl will be u,s~l for the full time Victim Case Manager [ 1. Cellular ph~:~e aid]me ($30,00 x 12 months= $ 36000); 2. Two Pagers ($6.00 x 12 months= $72.00)] C. Pdnting Educational Literal~re and Public Service A~nouncements, Classroom Instructional Supplies, Brochures, Educational Resource Matenal. D. Postage- Funds will be used to fo~low-up wilh victims who make crimes against a person repeal. Services ar,:l ether costs- Include small oBce supplies, paper folder, paper binder, fo~d-up cart, paper timinator, mobile ~le hc~ders, fold up board, label tools, and small tent wd:h program logo for ou[side presentations INDIRECT CO~TS (the Direct Costs Against Wl~ich t~e Indirect Rate Is Charged) 13.99% of direct oharges ( A copy of the approved costs allocatJo~ plan for ~ City of Corpus Chdsti is atlac~hed to the grant application. BUDGET CATEGORIES PERSONNEL CONTRACTUAL AND PROFESSIONAL SERVICES TRAVEL AND TRAINING EQUIPMENT SUPPLIES AND DIRECT OPERATING EXPENSES TOTAL DIRECT COSTS: INDIRECT COSTS TOTAL: $0 $4.32 $0 $432 $0 $2,000 $0 $2,000 $0 $1,000 $0 $1,000 $0 $0 ,'~ $0 CID Direct Match Direct Costs Costs Indirect Rate Total $,5~,960 $0 13.99% $7,969 BUDGET SUMMARY CJD CASH IN-KIND TOTAL $56,960 $4,500 $9,600 $71,060 $o $o $o $o $0 $2,250 $0 $2~50 $0 $o $o $o $0 $5,432 $0 $5,432 $56,960 $12,182 $9,600 $78,742 $7,969 $0 $0 $7.969 $64,929 $12,182 $9,600 $86,711 Actual Total Match: $21,782 Actual Match Percentage Applied [o this Budget: 25.12% Page 2 of 2 Budget Form Match & Generated Program Income (GPI) Form Legal Name of Organization: Title of Project: Grant Period: ! From: Current Grant Number (If ContJnualJon): program income, city, county, etc.): (1) City Of Corpus Christi A. CASH MATCH SOURCES AND AMOUNTS 1. a) ENTER Source of Cash Match (e.g., b) ENTER Amount: (2) (3) (4) (5) (6) (7) (9) (10) Cont'd - ENTER Source of Cash Match $ 12,182 (11) (12) (13) (14) (15) (16) (t7) (18) (19) Cont'd- ENTER Amount: Total Cash Match $ 12,182 B. GENERATED PROGRAM INCOME (GPI) REPORTING The information requested below Is not calculated In the computations aa part of this grant application_ It is for reporting purposes to CJD only. Even though some program income may be listed as "CASH MATCH' within the Budget Forrn, all program income on-hand must be shown below. ENTER Program Income On-Hand as of the grant application submission date: Page 1 of I Match - GPI Form RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUB~IT A GRANT APPUCATION IN THE AMOUNT OF $64,929 TO THE STATE OF 'rEXAS, CRIMINAL JUSTICE DIVISION, FOR YEAR 6 FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) FUND FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT, WITH A CITY II. ATCH OF $12,182 IN THE NO. t061 TRUST FUND AND $9,600 IN-KIND SERVICES; FOR A TOTAL PROJECT COST OF $86,711. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division, in the amount of $64,929 for Year 6 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit. The City match for this grant is $12,182 in the No. 1061 Trust Fund, and $9,600 in- kind services, for a total pn3ject cost of $86,711. SECTION 2. The City Manager, or the City Manager's desi ,gr.-c, may apply for. ~'~'~pt, m~t, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Chdsfi assures that the funds will be returned to the Criminal Justice Divisio~ in full. AT'rEST: THE CFI'Y OF CORPUS CHRISTI Armando Chapa City Secretary Randy A. Stoneroad Assistant City Attorney Samuel L. Neal. Jr. Mayer ,2OO5 The above resolution was passed by the following vote: Samuel L_ Neal, Jr. Bren/Chesney Javie,' D. Cotmenefo Melody Cooper Henry Gan'err Bill Kelly Rex A. Kinnison Jesse Noyola 5 CITY COUNCIL AGENDA MEMORANDUM Date: February 22, 2005 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $63,011 to the State of Texas, Office of the Governor, Criminal Justice Division for Year 1 funding of a Crime Scene Technician grant in the Police Department with a City match of $3,500 in the 1061 Fund, for a total grant application $66,511, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Funding for law enforcement projects is available through the Criminal Justice Division and City Council must approved submission of the application and matching funds. BACKGROUND INFORMATION: The Corpus Christi Police Department is requesting funds for a new grant to fund two civilian Crime Scene Technicians for the Identification Division. The technicians respond to crime scenes where they dust for fingerprints, take photographs, and recover any evidence for processing. The additional positions will also allow for the collection of DNA evidence from sex offenders as required by State law. This process allows sworn officers to continue their investigations and not worry about "capturing" the crime scene. The technicians will also respond to surrounding jurisdictions upon request and approval by a supervisor. REQUIRED COUNCIL ACTION: Ap~oval to submit the grant application FUNDING: The State will provide $63,011 for the salary and fringe benefits for two civilian Crime Scene Technicians The Law Enforcement Trust Fund will provide $3,500 for training, equipment, and supplies. The grant will be on a five-year funding schedule. CONCLUSION AND RECOMMENDATION: Staff recommends passing the resolution approving submission of the grant application to the Office of the Governor, Criminal Justice Division. Chief of Police Grant Coversheet Form 1. ENTER If~ I,~d~ ~ M I1~ mgar~zal~n: :2. ENTER b~e Me M I1~ 13a:Yj~ Cdme Scem Tech~ciar~ 3. ENTER~~~~ 4. EN~R~~~~ 7~4 ~ ~ ~ ~ (SELECT ~): ~ 9. Bu~ge{ Informa~3~ (~ms am fill~ ~ ~ ~e Bu~ Fo~) : ~0 F~ ] ~ ~ ] ~ T~ lO.a)~a~~ (SELECT Y~ ~): b)~~~aR~ ~ (SELECT ~ c) If ~3~ m~d ~o'lo ~ lO.b), ENTERic nam~ d Ihe CJD a~lf mamb~ ~ y~ mnlac~d Ex e~tmimmc~: 11- SELECT Ihs Pmm~Y ~=~ce c~x~y ar ana~ ] Nueces 17_ a) ENTER Ihe Aulhom~l Official qeroqen~.cctexas.com b) E N TER ~e Prqecl [3~ack~ Ir~a~alfon: Nm'ne: Pale ~ ~etea~cctexas com ¢) ENTER Ihe Fitaf~:~d O~cmr k~: Din~ior d Fmanc~ P.O. Box g277 C.~/Sta~p: C,<~p~s ~ Te:'=~ ex:F Te~ph~a: 361~B0-3610 EmaC: cind¥o~,cctexas corn 13. a) S ELECT y<~ a'ga, ~=~oa ~/pe ba~d on Ihe list d er4gi~e a~anl~ b~ fund a~Lm-om: cou,~ of Oovemrn~ (co~) b) LI~T the c~mms md caxmltmm~ mw~tln Ihe ami~ emma: I~ C. Fll~ ~: d) )[~m~ &q~mem Jdari~ (SA~ ~) ~r COO Ap~ ID: Grant Budget Form Legal Name of Ch-gan!zaaon: Title of Pro, ct: ~-~'ant Period: Current Gamt Number (If Contirmafioe): Minimum Match Pe~,~ge (If Appr~cable): Mimrmm~ Match Amount (ff Apfliicab~e): 2. ENTER Program Income ~ to Ufis Budg~ (If A~olicable): Cr~e ~ Te~h~icim~ (2) CONTtRACTURm ANO PROFF..8~IONAL SERVICES c.~ of coq~ Casa From:I ~t/2d05 1. ENTER the CID Reclue~ted Amount $83,011 BUOGET DETNL App~d m Itle Gr~t CJD Funds 100.00% ,$~,ol I To(al ProJec~ Cost Amount CJD Cash Match Cash $~3,011 CJD Cash ~) $1 ,O(30 CJD Cash which th~ I.41m~ Ra~ ~. Ch~d) $0 $1,070 C JO Direct Match Direct Costs Costs BUDGET CATEGORIES C JO PERSONNEL $1~3,011 CONTRACTUAL AND PROFESSIONAL SERVICES $0 TRAVEL .adqO TRAJNING EQUIF~IF. NT SUPPUES AND DIRECT OPERATING EXPENSE;; $0 TOTAL DIRECT COSTS: $63,011 INDIRECT CO~TS $0 TOTAL: $63,011 Actual Total Match: Actual Match Pc:w'cenlage Appiied lo this Budget: In-Kind Total ~,gll In- Kind Tot~l InqKJnd Total In4(ind Total In-Kk~ To*..al Indirect Rate Tof. al to CASH IN-KIND $o $t ,000 $0 $2,5O0 $0 5.26% TOTAL ~83,011 $2,500 $68,611 $0 $8~,511 Page 2 of 20 BudDer Form Match & Generated Program Income (GPO Form Legal Name of O~ganLzafion: City o~ Corpus Chfls~ T~e of Projec~ C~'-~.~ Sc~te Teeilaic~ns C~nt period: From: I 9/1 r~)05 1 Current Grant Number (ff ~n): A. CASH MATCH SOURCES AND AMOUNTS 1. a) ENTER Source nt= Cash Match (e.g., b) ENTER program income, city, county, etc.): Amount: Coned - ENTER Source of Cash Match (1) Drug seizure monies $ 3.500 (11) C, ont'd- ENTER Amount: (2) {t2) (3) (13) (4) (14) (15) (6) (16) (7) (17) (8) (18) (9) (19) (10) TotaJ Cash Match $ 3,~)0 B. GENERATED PROGRAM INCOME (GPI) REPORTING The inl~orrnatJo~ requested below is not calculated in Ute computations as part of this grant application. It is for reporting purposes to CJD only. Even though some program income may be listed as "CASH MATCH" within the Budget Form, all program income on-hand must be shown below. ENTER Program Income On-Hand as of the grant applicaflo~ submissio~ date: RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $63,011 TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DMSlON, FOR YEAR 1 FUNDING OF A CRIME SCENE TECHNICIAN GRANT FOR THE CORPUS CHRISTI POLICE DEPARTMENT, WITH A CITY MATCH OF $3,500 IN THE NO. 1061 TRUST FUND, FOR A TOTAL PROJECT COST OF $66,511. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Office of the Governor, Cdminal Justice Division, in the amount of $63,011 for Year I funding of a Cdme Scene Tednnic~an grant for the Corpus Chdsti Police Department. The City match for this grant is $3,500 in the No 1061 Trust Fund, for a total project cost of $66,511. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Cdminal Justice Division in full. A'I'rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Assistant City Attorney for City Attorney, Co.rpNs Christi, Texas of Samuel L. Neal, Jr. Mayor ,2OO5 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnisoo Jesse Noyola Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/22/05 AGENDA ITEM: (Captio~ as it should appear on the agenda) ITEM A: Motion authorizing Ihe City Manager o~- his designee to accept a renewal Weed & Seed grant in the amount of $225,000 for Site I North for the continued support of the Weed Seed Program from the U.S. Department of Justice (DO J). ITEM B: Ordinance appropriating $225,000 from the U.S. Department of Justice, Office of Justice Programs in the No. 1067 Park and Recreation Grants Fund for continued support of the Weed and Seed Program, Site I North, for FY2004-2005. ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. REQUIRED COUNCIL ACTION: ITEM A: City Council action is required to accept a renewal grant award in the amount of $225,000 for Site I North from the U.S. Department of Justice for the continuation of the Wccd & Seed Program. The grant period is from 11/17/2004 to 09/30/2005. ITEM B: City Council is required to appropriate $225,000 in Site I North from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 11/17/2004 to 09r30/2005. PREVIOUS COUNCIL ACTION: For the past eight years, council has granted authorization to accept and appropriate the Department of Justice funds for the Wccd and Seed Program. The City Council, on March 15, 2004 appropriated a $225,000 Weed and Seed FY03-04 Grant award from the U.S. Department of Justice to support activities in the Corpus Christi Weed and Seed target areas. FUNDING: Federal Grant CONCLUSION AND RECOMMENDATION: ITEM A: Staff recommends acceptance of $225,000 for Site I North from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 11/17/2004 to 0913012005. ITEM B: Staff recommends appropriations of $225,000 in Site I North from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 11/17/2004 to 09/30/2005 Attachments Contract / Subrecipient Summary Director Parks and Recreation Department BACKGROUNDINFORMATION Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. The Executive Office for Weed & Seed directed The City of Corpus Christi to separate their two sites for funding and recognition and insure 50% of our budget went to the Law Enforcement side of the program. The sites are now called Weed and Seed Site I North and Weed and Seed Site II West. Each Site has funding, Site I has $225,000 of available funds, Site II has $225,000 of available funds for a total of $450,000 from the Department of Justice. Site I North must use $112,500 for CCPD weeding efforts. Site II West has $112,500 for CCPD weeding efforts. Office of the Assistant Attorney General Depart~nent of Jultke Office of Justice Programs November 29, 2004 Mr George Hoe City o£C~*rpus Ch.isti Site ! North PO Box 9277 1201 Leopard, City Hall Corptts Chds6, TX 78469-9277 Dear Mr Noe: On behalf ol- Attorney General John Ashcrotl, it is my plea.;ttre to inlBm~ you that the Office of Jttstice Prograrr~ h~s approved },oar application for fimding under the FY 2001 Ex~utive Office for Wee~l and Seed Program Guide and Application Kit: Continuation Sites in the amount of $225,000 for City o£Coq~us Christi Site ! North This award will enable you to support activities within your Weed and Seed deaignated are:L Enclosnd you will find the Grant Award and Special Conditions documents This award is subject to all adminLstmUve and financial reqmremenk~, including thc timely submission of all ffmancial and programmatic reports, resolution of all interim audit fin&rigs, and the maintenance ol'a mintmum level o£cash-on-hand_ Should you ao~ adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to le~qlllnatio~l for muse or othe* adminksh-ative action as appropriate Il'you have questions regarding this award, please contact: - Program Qucstions, Fredenck F Filberg, Prosram Manager at (202) 616-1152; and - Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (}tOO) 458-0786, or you may contact the CSC at ;~k oc(~usdoj gov Congratulations, and we look forward to working with you Sinccrely. DeboraJa J DanieLs Assistant Allomey General Community Capacity Development Office I ILEC[P[ENT NAME AND ADDILESS (Including Zip Code) Grant PAGE I OF 3 [0 AMOUNT OF THIS AWAJRD C oxptu Chnsli Srle [, Writ[ and Seed, Ex. al Evalual~on and Neighhorhc~d [1 TOTAL AWAltD [2 SPECL~L CONDFFIONS THE ABOVE GRANT PROIECT IS APPROVED SUBJECT TO SUCH CONDITIONS O~ LIMITATIONS AS ARE SET FORTH ON YHE A~FA C~c[ED PAGE(S) 17 SIGNA~TJRE OFAPPROVING OFFICIAL OF AUTIIOKIZED ILECIPIEIWf OFFICIAL AGEIqOy USE ONLY 20ACCO~G CLASSI]FICAT1ON CODESFLSC ALyF~,R FUNDcoDE A(TfBUI) OFC KEGDD7SUB POMS AMOLFNT 21 WS05AG4]~ [4 '~ Q WS 26 ¢0 oo 225000 / ORDINANCE APPROPRIATING $225,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE NO. 1067 PARK AND RECREATION GRANTS FUND FOR THE CONTINUED SUPPORT OF THE WEED AND SEED PROGRAM, SITE I NORTH FOR FY 2004-2005; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $225,000 is appropriated from the U.S. Department of Justice, Office of Justice Programs, in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Seed Program, Site I, North, for FY 2004- 2005. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __day of ,2005. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 16, 2005 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney for City Attomey Samuel L. Neal, Jr. Mayor H \LEG-DlRLleannickDoyle\Ordinances\021605 W&SSitcl Appropn ate ()rd D(X~ Corpus Christi, Texas Day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/22/05 AGENDA ITEM: (Caption as it should appear on the agenda) ITEM A: Motion authorizing the City Manager or his designee to accept a renewal Weed & Seed grant in the amount of $225,000 for Site II West for the continued support of the Weed & Seed Program from the U.S. Department of Justice (DO J). ITEM B: Ordinance appropriating $225,000 from the US. Deparlrnent of Justice, Office of Justice Programs in the No. 1067 Park and Recreatien Grants Fund for continued support of the Weed and Seed Program, Site II West, for FY2004-2005. ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. REQUIRED COUNCIL ACTION: ITEM A: City Council action is required to accept a renewal grant award in the amount of $225,000 for Site II West from the U.S. Department of Justice for the continuation of the Weed &Sccd Program The grant pedod is from 11/17/2004 to 09/30/2005. ITEM B: City Council is required to appropriate $225,000 in Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 11/17/2004 to 09/30/2005. PREVIOUS COUNCIL ACTION: For the past eight years, council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The City Cour)cil, on March 15, 2004 appropriated a $225,000 Weed and Seed FY03-04 Grant award from the U.S. Department of Justice to support activities in the Corpus Christi Weed and Seed target areas. FUNDING: Federal Grant CONCLUSION AND RECOMMENDATION: ITEM A: Staff recommends acceptance of $225,000 for Site II West from the U.S. Department of Justice for the continuation of the Weed & Seed Program. The grant period is from 11/17/2004 to 09/30/2005. ITEM B: Staff recommends appropriations of $225,000 in Site II West from the U.S. Depadment of Justice for the continuation of the Weed & Seed Program. The grant period is from 11/17/2004 to 09/30/2005. Attachments Contract / Subrecipient Summary Sally GMdik, Director Parks and Recreation Department BACKGROUNDINFORMATION Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. The Executive Office for Weed & Seed directed The City of Corpus Christi to separate their two sites for funding and recognition and insure 50% of our budget went to the Law Enforcement side of the program. The sites are now called Weed and Seed Site I North and Weed and Seed Site II West. Each Site has funding, Site I has $225,000 of available funds, Site II has $225,000 of available funds for a total of $450,000 from the Department of Justice. Site I North must use $112,500 for CCPD weeding efforts. Site II West has $112,500 for CCPD weeding efforts. U.S. Department of Justice Office of Jos0ce Progr~rm Office of the Assistant Atttmaey General November 17, 2004 Ciw of Co~pus C~hnsti Site II West On behalf of Atlomey General John Ashcrofl, t~ is my pleasure to inform you that the Office of Justice Programs h~ approved your a~plicaiion for funding under the FY 201M Executive Office for Weed and Seed Program Guide and App[ic. ation Kit: Contmu~ion Site~ in the mount of $225.000 for Cie? of Coq~u~ Christi Site II West This award will enable you to support activities within your Weed and Seed de~igaated area Enclosed you will find the Grant Award and Special Conditions docummCs rhis award is subject to ail administrative and financial requirements, including the timely submission of all financial ~nd prognmmmtic reports, resolution of all interim audit findings, and the maintena.nce ora minimmm level of cashmn-hand Should you not adhere to these requirements, y~u ~qil[ be in violation of the terrr~ o f this agreement and the award will be subject to termination for cause or oth~ administrative action ~ appropriate. If you have questions regarding this award, please contact: - Program Question.s, Frederick F Fitheeg, Program Manager at (202) 616 [ [52; and Financial Questions, the Office of the Comptroller, Customer Service Center (C$C) at (800) 45843786, or you may contact the CSC at a_qk oc(~usdoj SOY Congratulations, ~nd we look forward to working with yom Sincerely DeN~rah J Dmaieks Assista~qt Anomey General Enclosures 't9 US DEPARTMENT OF J~STICE OFFICE OF ~JSTICE PROGRAMS Community C~paci~ Development Office Grant i~W^~ ~AT~ T~;~7;2oo4 7 ^cr~o. PAGE I OF 3 746000576 _ 15 METHOD OF PAYMENT I'AYRS OFFICIAL 19A. DATE ORDINANCE APPROPRIATING $225,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE NO. 1067 PARK AND RECREATION GRANTS FUND FOR THE CONTINUED SUPPORT OF THE WEED AND SEED PROGRAM, SITE II WEST, FOR FY 2004-2005; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That $225,000 is appropriated from the U.S. Department of Justice, Office of Justice Programs, in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Sccd Program, Site II West, for FY 2004- 2005. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2005. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ~. :~.February 16, 2005 urtis Chief, Administrative Law Section Senior Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor H:~ E G-DI RLie a n nle'~:)oyle\O rdin a n ces~021605 W&SSite2 ,~.ppropri.ate Ord DOC Corpus Christi, Texas Day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Sco~t H:~LEG-131R~Jeannie~oyh~Ordinanc~s\021605 W&SSrte2 Appropn ate. Oral. DOC 8 AGENDA MEMORANDUM DATE: February 22, 2005 SUBJECT: Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1 (Project No. 2093) AGENDAITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $178,750.25 with Isensee Construction of Corpus Christi, Texas for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1. ISSUE: Various concrete lined channels and bridges located throughout the City are deteriorated and require repair and rehabilitation. Phase I of the Concrete Lined Channel Rehabilitation Project consists of the Airport Ditch. The total fee of $178,750.25 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funds for this project are available in the FY 2004-2005 Storm Water Capital Improvement Budget. RECOMMENDA~'Ii~N: Staff recommends approval of the motion as presented. · ~,~ . ! Additional Sul~l)ort Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tabulation Exhibit "D" Location Map BACKGROUNDINFORMATION SUBJECT: Concrete Lined Channel Rehabilitation and Bddge Rehabilitation · Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 (Project No. 2211) · Concrete Lined Channel Rehabilitation: Carroll West (Project No. 2213) · Concrete Lined Channel Rehabilitation: Airport, Phase 2 (Project No. 2247) · Concrete Lined Channel Rehabilitation: Flynn Shea (Project No. 2248) · Bridge Rehabilitation: Kingsbury Ddve (Project No. 2198) · Bridge Rehabilitation: Lexington Road (Project No. 2199) · Drainage Channel Excavation: Saratoga Boulevard Bddge (Project No. 2204) PRIOR COUNCIL ACTION: 1. February 10, 2000 - Appropriation of the Fiscal Year 2003-2004 Capital Budget and Capital Improvement Planning Guide in the amount o[ $173,624,300 (Ordinance No. 025647). 2. January 11, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with HDR Engineering, Inc. in the amount of $433,254, for a total restated fee o[ $458,207, [or the Concrete Lined Channel Rehabilitation and Bridge Rehabilitation Project as follows: (Motion No. M2005- 009) · Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 · Concrete Lined Channel Rehabilitation: Carroll West · Concrete Lined Channel Rehabilitation: Airport, Phase 2 · Concrete Lined Channel Rehabilitation: Flynn Shea · Bddge Rehabilitation: Kingsbury Drive · Bridge Rehabilitation: Lexington Road · Drainage Channel Excavation: Saratoga Boulevard Bddge PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineedog firms (28 local and 14 ou[-o[-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering §rms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineedog firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request [or Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering [irms (28 local and 14 out-of-town). EXHIBIT "A" I Page Io[ 3 PRIOR ADMINISTRATIVE ACTION (continued): 6. April 11, 2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 7. Apdl 17, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering I~rms (28 local and 14 out-of-town). 8. April 25, 2003 - Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Sb'eet, Water, Wastewater, Gas Improvement Projects) to 42 engineering i'irms (28 local and 14 out-of-town). 9. Auqust 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering i~rrns (28 local and 14 out. of-town) 10. February 6, 2004 - Letter Of Notification No. 3 to the Request for Qualifications (RFQ) No 2002-01 (Storm Water Projects) to 42 engineering firms (28 local and 14 out-of- town). 11. February 12, 2004 - Addendum No. 1 to the Letter Of Notification No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Storm Water Projects) to 42 engineering firms'(28 local and 14 out-of-town). 12. September 30, 2004 - Executed Small NE Agreement with HDR Engineering, Inc in the amount of $24,973 for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1. FUTURE COUNCIL ACTION: Construction contracts to complete the Concrete Lined Channel Rehabilitation and Bridge Rehabilitation Project as follows: · Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 · Concrete Lined Channel Rehabilitation: Carroll West · Concrete Lined Channel Rehabilitation: Airport, Phase 2 · Concrete Lined Channel Rehabilitation: Flynn Shea · Bddge Rehabilitation: Kingsbury Drive · Bddge Rehabilitation: Lexington Road · Drainage Channel Excavation: Saratoga Boulevard Bddge PROJECT BACKGROUND: On February 6, 2004, Letter Of Notification No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Storm Water Projects) was issued to 42 engineering firms (28 local and 14 out-of-town), of which the Concrete Lined Channel Rehabilitation and Bddge Rehabilitation Project is included. On September 30, 2004, a Small A/E Agreement was executed with HDR Engineering, Inc. in the amount of $24,g73 for developing plans and specifications to complete urgently needed repairs to the concrete liner of the Airpod Ditch. On January 11, 2005, Amendment No. 1 was approved by the City Council. Amendment No. 1 includes Basic Services and Additional Services for the specified sites as follows: · Concrete Lined Channel Rehabilitation: Van Galen Phase 1 · Concrete Lined Channel Rehabilitation; Carroll West · Concrete Lined Channel Rehabilitation: Airport Phase 2 · Concrete Lined Channel Rehabilitation: Flynn Shea · Bddge Rehabilitation: Kingsbury Ddve, Lexington Road · Drainage Channel Excavation at Saratoga Boulevard Bddge EXHIBIT "A" I Page 2 of 3 PROJECT DESCRIPTION: There are two (2) areas of the Airport Ditch in need oi: urgent repairs: Just north of West Point Road - the concrete liner on the east side has failed due to a shear failure in the soil behind it. The shear failure has also impacted the bottom in this area pushing it up. 2. At the south end or the concrete lined section - near Gavilan Street and Los Robles Drive, the concrete liner has been undermined and is severely cracked and broken. The project consists of the removal and replacement of approximately 1,465 square yards of concrete channel liner at two locations including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. BID INFORMATION: Bids were received on February 9, 2005 with five (5) bidders submitting proposals. The bid proposal was sel up with a Base Bid and an Additive Alternate. The bids range [rom $178,750.25 to $291,334.54. The lowest bid was submitted by Isensee Construction of Corpus Christi, Texas. The City's consultant, HDR Engineering, Inc., and City staff recommends a contract be awarded to Isensee Construction for the Base Bid in the amount of $158,896.85, and the Additive Alternate in the amount of $19,853.40, for a total contract award of $178,750.25. CONTRACT TERMS: The contract specifies that the Base Bid will be completed in 60 calendar days; and the Base Bid plus the Additive Alternate will be completed in 70 calendar days. Project completion is anticipated by June, 2005. FUNDING: Funds for this project are available in the FY 2003-2004 Storm Water Capital Improvement Budget. EXHIBIT "A" Page 3 of 3 I CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITCH, PHASE 1 (Project No. 2093) February 22, 2005 FUNDS AVAILABLE: Storm Water CIP ........................................................... $232,098.25 FUNDS REQUIRED: Construction (Isensee Construction) ................................. Contingencies (10%) .................................................... Consultant (HDR Engineering, Inc.) .................................. Major Projects Activity .......................................... . .......... Construction Inspection Activity ...................................... Printing .................................................................... Advertising ................................................................ $178,750.25 17,875.00 24,973.00 3,000.00 6,500.00 500.00 5OO.0O Total .......................................................................... $232,098.25 EXHIBIT "B" I Page I of I Page 1 of 1 File : \Mproject\councitexhibits~exh2095 dwg Pork TDMHMR Corpus Christi Park PROJECT LOCATION SITE 1 Los Encinos Park DisLrict Office ~ROJECT LOCA T/ONi / CITY PROJECT No. 2093 LOCATION MAP NOT TO SCALE CONCRETE LINED CHANNEL REHABILITATION: AIRPORT DITCH, PHASE 1 CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "D' CITY COUNCIL EXHIBIT ~ ~P~EnT ~ E~INEERI~ SERV1C£S PAGE: I of 1 ~'-- DAF: 02- 16-2005 ~ 9 AGENDA MEMORANDUM DATE: February 22, 2005 SUBJECT: Rolled Curb and Gutter Replacement FY 2005 (Project No. 2251) AGENDAITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $265,860 with Camrett Corporation for Rolled Curb and Gutter Replacement FY 2005. ISSUE: The Rolled Curb and Gutter Program is a yeady program that addresses damaged rolled curb and gutter throughout the city. Affected curb and gutter will be removed and replaced, along with associated pavement repair where gutter slopes are inadequate. FUNDING: Funds for this project are available in the FY 2003-2004 Storm Water Capital Improvement Budget. RECOMMENDATION: iStaff recommends approval of the motion as presented. Val(~ri~ Gray, P. B~._ /~ef' .... , Direbtbr of Storm Water Department [~irector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tabulation Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: Rolled Curb and Gutter Replacement FY 2005 (Project No. 2251) PRIOR COUNCIL ACTION: 1. February 10, 2004 - Appropriation of the Fiscal Year 2003-2004 Capital Budget and Capital Improvement Planning Guide in the amount of $173,624,300 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: None. BACKGROUND INFORMATION: The Rolled Curb and Gutter Program is a yeady program that addresses damaged rolled curb and gutter throughout the city. Affected curb and gutter will be removed and replaced, along with associated pavement repair where gutter slopes are inadequate. Areas considered hazardous to vehicular or pedestrian traffic will receive priority over those areas where only drainage is affected. The amount of curb and gutter replacement will be determined by the availability of funds. PROJECT DESCRIPTION: The project consists of [wo (2) parts as follows: Part "A" - Specific Area consisting o[ the removal and replacement of 5,000 linear feet of curb and gutter; 3,400 square feet of ddveway approaches; 1,700 square feet of sidewalks; 400 square feet of curb ramps; 2,500 square yards of pavement repair (within a specific geographic area). The specific area is bounded by Everhart Road, Willowick Ddve, Megal Ddve, and Schanen Drainage Ditch. Part "B" - Various Locations consisting of the removal and replacement of 2,000 linear feet of curb and gutter; 1,300 square feet of driveway approaches; 680 square feet of sidewalks; 200 square feet of curb ramps; 1,000 square yards of pavement repair (city wide); all in accordance with the plans, specifications and contract documents. BID INFORMATION: Bids were received on February 9, 2005 with eight (8) bidders submitting a proposal. The bid proposal was set up with a Base Bid only. Camrett Corporation of Corpus Christi, Texas was the Iow bidder on the project. They have satisfactorily performed work for the City on other contracts. City staff recommends a contract be awarded to Camrett Corporation in the amount of $265,860. CONTRACT TERMS: The contract specifies that the project will be completed in one (1) calendar year, with completion anticipated by March 2006. EXHIBIT "A" Page 1 of 2 FUNDING: Funds for this project are available in the FY 2003-2004 Storm Water Capital Improvement Budget. H/U SERS 2'~HOME~V~LM~C~G EN~[~J~INAGE~225 I~,AGENOA B,~CKG ROUND IEXHIBIT"A" I Page 2 of 2 ROLLED CURB AND GU'I-rER REPLACEMENT FY 2005 (PROJECT NO. 2251) PROJECT BUDGET February 22, 2005 FUNDS AVAILABLE: Storm Water CIP ....................................................................... $308,946.00 FUNDS REQUIRED: Construction Contract (Camrett Corporation) Contingencies (10%) ................................................................... Major Projects Activity ................................................................ Construction Inspection Activity ..................................................... Miscellaneous (Printing, Advertising) .............................................. $265,860.00 26,586.00 5,000.00 10,000.00 1,500.00 Total ....................................................................................... $308,946.00 EXHIBIT "B" I Page 1 of I IEXHIBIT"C" I Page 1 of 6 JEXHIBIT "C" I Page 2 of 6 o o IEXHIBIT "C" Page 3 of 6 I IEXHIBIT "C" I Page 4 of 6 IEXHIBIT"C" I Page 5 of 6 IEXHIBIT"C" I Page 6 of 6 File \Mproject\councilexh~bits\exh2251,dwg HIGH W CITY PROJECT No. 225'/ LOCATION MAP NOT TO SCALE EXHIBIT "D" ROLLED CURB & GUTTER REPLACEMENT IcY 2005 Cl~r' OF CORPUS CHRISTI. TEXAS CZTY COUNCZL EXHZBZT ~ O~ENT~ ~GINE~INGSERVlC£S PAGE: I of I __----- ~: 02- 1 7-2~5 ~ 10 CITY COUNCIL AGENDA MEMORANDUM Action Date: February 22, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Drainage Easement instrument with William Edward Burdette for the acquisition of Parcel 2, in the total amount of $38,754, for drainage purposes in connection with the Mary Carroll Channel Widening Project (#2047). ISSUE: The Mary Carroll Channel is the major drainage out'fall for a large portion of the newly developed areas within the south side of Corpus Chdsti. A section of the channel which extends from Rodd Field Rd. southward to the Lake Placid Subdivision requires widening. Acquisition of five new drainage easements is necessary in order to widen this section of channel from 100 feet to 150 feet wide. City Land Acquisition staff has concluded negotiations for Parcel 2 located on land owned by William Edward Burdette. Contracts and easement purchases involving an amount over $25,000 require City Council approval. FUNDING: Stormwater Cl P 550701-4525-0000-160140 RECOMMENDATION: Approval of the motion as presented. 'Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Location Map Exhibit C. Parcel Identification H:~-IO~VIEAEUSEBIOG\GENV~a Items'd'vlary C~lrro~ DILch.Burdel~V~enda Memorandum.doc BACKGROUNDINFORMATION SUBJECT: Mary Carroll Channel Widening - Rodd Field Rd. to Oso Creek Acquisition of Parcel 2 PRIOR COUNCIL ACTION: 1. February 9, 1999 - Motion authorizing the City Manager of his designee to execute a contract for engineering services with J.R. Thompson Engineering, for a total fee not to exceed $405,500 for the Glen Arbor and Crossgate Subdivision Drainage Improvements, Mary Carroll Channel Widening-Rodd Field Rd. to Oso Creek, Drainage System Water Quality Improvements, and Sanitary Sewer Installations in Developed Areas: Bass Subdivision. (Motion No. M99-040) 2. July 27, 2004 - Motion authorizing the City Manager, or his designee, to award a construction contract to Garrett Construction of Ingleside Texas in the amount of $129,721.50 for the Mary Carroll Channel Improvements, Phase 1. (Motion No. M2004-289) 3. December 14, 2004 - Resolution recognizing the public necessity of acquiring drainage easements for the Mary Carroll Channel Widening - Rodd Field Road to Oso Creek, Project #2047, for drainage purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring the easements. (Resolution No. 026020) FUTURE COUNCIL ACTION: Council will be required to: 1. authorize contracts and expenditure of funds from the Storrnwater Capital Improvements Fund which exceed $25,000; and 2. authorize the payment of any upcoming Special Commissioners' Awards due to condemnation proceedings. OVERVIEW: Proiect Back~round: The Mary Carroll Channel is the major drainage outfall for a large portion of the newly developed areas within the south side of Corpus Chdsti. Continued development within the drainage basin has increased the flows through this channel, which ovedoad the drainage way. Four phases of work are planned to help improve the channel drainage_ One of the phases involves widening the channel from Rodd Field Road to the Lake Placid Estates Subdivision as shown on Exhibit B. Acquisition of five new drainage easements is necessary in order to widen this section of channel from 100 feet to 150 feet wide. City Land Acquisition staff has initiated negotiations with the five landowners I~or the required drainage easements. Parcel Descrilotlon: Parcel 2 is described as a 50 feet wide by approximately 328 feet long section of drainage easement which contains .3672 acres or 16,387.27 square feet. This parcel abuts an existing 100 feet wide drainage channel that was originally acquired by Nueces County in 1957_ As shown on Exhibit C, this parcel is one of five parcels needed for the widening of the channel from Redd Field Road to the Lake Placid Estates Subdivision. The widening will increase the capacity of the channel and accommodate EXHIBIT A Page 1 o1' 2 increased storm water flows from newly built commercial and residential subdivisions located upstream. Parcel Negotiations: City Land Acquisition staff obtained an appraisal of the Drainage Easement from Thomas F. Dorsey, MAI in the amount of $37,700. A formal offer in this amount was made to the landowner for the drainage easement rights. An additional amount of $1,054 was added for existing landscaping and shrubbery omitted in the appraisal. The City's offer in the total amount of $38,754 was accepted which now requires City Council approval. This acquisition represents the third of five easements acquired. Two easements remain to be acquired from Seaside Cemetery, Inc. Since this is an easement acquisition and closed intemally, no title company services are required. EXHIBIT A Page 2 of 2 F'#e : ooun~lexhtbl~\exh20~7, d~,g PROJECT SITE Ld Z C CITY PROJECT No. 2047 LOCATION MAP NOT TO SCALE MARY CARROLL CHANNEL WIDENr. NG ROOD F%ELD TO OSO CREEK CITY COUNCIL EXHIBIT PAGE: I of 1 I~,TF_: 12-07-2004 File : \HOME\CorlosR~Gen2\2OO5\stuf! dohnO\exh8425.dwg \ G SUBdECT PARCEL 2 CITY PROJECT NO 2047 LOCATION MAP NOT TO SCALE EXHIBIT C MARY CARROLL CHANNEL WIDENING RODD FIELD TO OSO CREEK Cl~' OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ~ DEPONENT ~ EN~N~ 5~VIC~ PAGE: I of I ___--.- DATE: 02-16-2005 ~ DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISITION DIVISION 2047 Mary Carroll Channel Widening 2 Drainage Easement THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT I, William Edward Burdette (GRANTOR) of 2602 Rodd Field Road, Corpus Christi, Nueces County, Texas 78414, being my sole and separate property, in consideration of $10 (Ten Dollars) paid to Grantor by the City of Corpus Christi (GRANTEE), a Texas Home Rule municipal corporation (City), 1201 Leopard Street, Corpus Christi, Nueces County, Texas, 78469-9277 the receipt of which is hereby acknowledged, have conveyed, and do convey to the City of Corpus Christi, its successors and legal representatives the bee and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueees County, Texas and being described as follows: The tract of land is described by metes and bounds on the attached and incorporated as Exhibit A and shown on the attached map and incorporated as Exhibit B (Premises). Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing, servicing, repairing, maintaining, inspecting, laying and keeping pubhc a Drainage Easement facility under, on and along the Premises. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for use as a Drainage Easement for so long as used for such purpose, and if the use of said easement is ever abandoned, then the aforesaid rights and privileges shall cease. Executed in duplicate, either copy of which constitutes an original. Grantor William Edward Burdette Page 1 of 5 THE STATE OF Texas § COUNTY OF Nueces § This instrument was acknowledged before me on ~'1~ ~'g V~ '* ~-~7 7 by William Edward Burdette. IS ' ' d for the State of Texas ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on ,2004':. b'~ Grantee George K. Noe, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS Dr DAY OF For the City Attorney Joseph H~ey, Assis~t City Attorney Legal Department Page 2 of 5 THE STATE OF TEXAS § COUNTY OF NUECES § Ttfis immanent was acknowledged before me on ,2004~ by George K. Noe as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] Pi~ge 3 of 5 PARCEL NO. 2 OWNER W.E. BURDETIZ BOOK 1024 PAGE 325 METES AND BOUNDS DESCRI?TION OF A 0.3762 ACRE DRAINAGE EASEMENT BEING 0.3762 Acres (16,386 square feet) of land, more or less, out of Lot 17, Section 27, Flour Bluffand Encinal Farm and Garden Tract a subdivision ofNueces County, Texas, and also being out of Lot 4, Block 17, Rodd East Addition as recorded in Volume 28, Page 86 of the Map Records of Nuece~ County, Texas ~aid 0.3762 acre tract as shown on the attached exhibit being more particularly descn30ed as follows; BEGINNING at a point on an interior comer of the aforementioned Lot 4, Block 17, Rodd Field East Addition, said beginning Point Bears S61"00'00"E 95.86 feet from the southwesterly comer of Lot 4, Block 17. Redd Field East Addition which lies on the eaat right-of-way of Rodd Field Road, said b~nnin§ point also being a common corner of an existing 100 foot wide channel easement identified as Parcel 1 in Volume 1, Page 87, Deed Records of Nueees County, Texas; THENCE, S61°00'00"E 100.00 feet to a point; THENCE, S3 I°00'00"E 269.99 feet to a poinl in the east line of Lot 4, Block 17, Rodd East addition; THENCE, S29°00'00"W 57.74 feet to a point being both the south east comer of this description and also the southeast comer of Lot 4, Block 17, Rodd East Addition; THENCE, along a common line between Lot 4, Block 17, Rodd East Addition and said 100 foot wide drainage easement, N31°00'00"W 385.46 feet to the POINT OF BEGINNING and containing 0.3762 acres more or less. NOTE: Block 17, being N 3 l*00'00'Wq. Michael D. Stridde ~ '~....~..~ .~/....'~ Registered Professional Land Surveyo~ tex~ No. 3589 Bearings are based on recorded plat bearings of southerly line of Lot 4, Date Exhibit A VICINITY MAP //,~FND 1/2' IR W/CAP LOT 5 FND 1° I% LOT 8 AND 9 BLOCK 1 ,7 RODD EAST VOL. 39, PG 181 MRNCT __J LO! 2 BLOCK I LFND 5/8' ESTES TRACT BLOCK 2 PARCEL 2 o FNO S/B" IR W/ CAP~x LAKE PLACID ESTATES L %~} EXHIBIT vo, ~o, Ro140-'44 , MRNCT [ ~\100' D.E SCAJ~ 1'=100' VOL 753. PC B DRNCT, Exhibit B Page S of S 11 AGENDA MEMORANDUM Clh/Council Action Date: February 22, 2005 SUBJECT: Resaca Lift Station (Project No. 7288) CHANGE ORDER NO. 3 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with Holloman Corporation of Converse, Texas, in the amount of $201,781 to the Resaca Lift Station contract to install casing and force main under the roadways before private construction takes place at the Staples and Yorktown intersection. ISSUE: The City is planning to install a new sanitary sewer [orce main that will connect to the Buckingham Estates Lift Station in order to accommodate anticipated growth on the south side of the City. This work needs to be done prior to the private construction that will be built over the area o[ the casing and force main at the Staples and Yorktown intersection. FUNDING: Funding is available from the FY2003-2004 Wastewater Capital Improvement Program. RECOMMENDATION: Sta[f recommends approval of the motion as presented. Foster Crowell ~t~-A R. Escobar, P. E. Director of Wastewater Services Director of Engineering Services Additional Sul~Dort Material: Exhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map AGENDA BACKGROUNDINFORMATION SUBJECT: ResacaLiffStationand48-1nchWastewaterGravityLine(ProjectNo. 7288) CHANGE ORDER NO. 3 PRIOR COUNCIL ACTION: 1. Auqust 18, 1998 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Govind & Associates, Inc. in the amount of $329,853 I~or engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M1998-285) 2. May 5, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 [or engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to GreenWood PlantJNueces River Delta. (Motion No. M2001-189) 3. October 30, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to an engineering services contract with Govind & Associates, Inc. in the amount ol~ $48,560 for engineering services associated with the Airport Ditch Ouffall improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2001-409) 4. Aori116, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to an engineering services contract with Govind & Associates, Inc. in the amount of $99,112 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2002-099) 5. July 8, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to the Contract For Professional Services with Govind & Associates, Inc. in the amount o[ $639,621 for the Broadway Wastewater Treatment Plant Diversion Project - Resaca Lift Station and 48-Inch Wastewater Gravity Line. (Motion No. M2003-239) 6. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 with Govind & Associates, Inc. for a total fee not to exceed $62,338 for the 24-Inch Gravity Sewer Line along Antelope Street between Palm Street and Doss Street. (Motion No. M2003-447) 7. February 10, 2004 - Approving the FY2003-2004 Capital Budget in the amount of $173,624,300. (Ordinance No. 025647) 8. Mav 11,2004 - Motion authorizing the City Manager or his designee to execute a construction contract with Holloman Corporation of Converse, Texas, in the amount of $4,621,795 for the Resaca Lift Station and 48-Inch Wastewater Gravity Line. (Motion No. M2004-181 ) 9. January 18, 2005 - Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Holloman Corporation of Converse, Texas, in the amount of $138,290.41 for the Resaca Lift Station work at the Broadway Wastewater Treatment Plant. (Motion No. 2005-21) EXHIBIT "A" I Page 1 of 3 PRIOR ADMINISTRATIVE ACTION: 1. September 10, 1999 - Administrative Amendment No. 1 to an eng~neenng serwces contract with Govind & Associates, Inc. for a total fee not to exceed $4,460 for a total restated fee not to exceed $334,313, for archaeological survey services for the Airport Ditch Outfall Improvements. 2. June 27, 2000 - Administrative Amendment No. 2 to an engineenng services contract with Govind & Associates Inc. for a total tee not to exceed $9,480 [or a total restated tee not to exceed $343,793 to evaluate alternate pump station locations. 3. June 19, 2001 - Administrative Amendment No. 4 to an engineenng services contract with Govind & Associates Inc. for a total fee not to exceed $14,010 for a total restated fee not to exceed $400,823, to evaluate alternate pump station locations. 4. Mav 22, 2002 - Administrative Amendment No. 7 to an engineenng services contract with Govind & Associates Inc. for a total tee not to exceed $24,650 lor a total restated Iee not to exceed $573,145, for the Broadway Wastewater Treatment Plant Diversion Project. 5. November 14, 2002 - Administrative Amendment No. 8 to an engineering services contract with Govind & Associates Inc. for a total fee not to exceed $18,195 [or a total restated fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant Diversion project. 6. December 24, 2002 - Administrative Amendment No. 9 to an eng~neenng services contract with Govind & Associates Inc. for a total tee not to exceed $24,880 for a total restated fee not to exceed $616,220, for the Broadway Wastewater Treatment Plant Diversion project. 7. February 6, 2003 - Administrative Amendment No. 10 to an engineenng services contract with Govind & Associates Inc. for a total fee not to exceed $1,300 for a total restated fee not to exceed $617,520, tor the Broadway Wastewater Treatment Plant Diversion project. 8. AuGust 29, 2003 - Administrative Amendment No. 12 to an engineering services contract with Govind & Associates Inc. for a total fee not to exceed $0 for a total restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion project. 9. Apdl 19, 2004 - Administrative Amendment No. 14 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $3,900 for a total restated fee not to exceed $1,323,379, for the Broadway Wastewater Treatment Plant Diversion project. 10. October 22, 2004 - Administrative approval of Change Order No. 1 to the construction contract with Holloman Corporation ot Converse, Texas, in the amount of $22,548.22 for the Resaca Lift Station and 48-Inch Wastewater Gravity Line. PROJECT BACKGROUND: The City is planning to install a new sanitary sewer torce main that will connect to the Buckingham Estates Lift Station, which is located on the southwest corner of the Staples and Yorktown intersection. The new force main is needed in order to accommodate anticipated growth on the south side of the City. A private construction contract is scheduled to begin on the southeast comer of the Staples and Yorktown intersection. In order to avoid having to dig up that area after the private IEXHIBIT"A" I Page 2 of 3 construction has been completed, the City plans to install the 36-inch diameter steel casing and 18-inch PVC force main prior to the private construction getting underway. CHANGE ORDER DESCRIPTION: Change Order No. 3 consists ol~ the addition ol~ 12 bid items to the existing contract with Holloman Corporation. It is recommended that the contractor be granted 70 calendar days' additional time with the stipulation that the Resaca Lift Station be capable of pumping sewage no later than March 10, 2005. I EXHIBIT "A" Page 3 of 3 I DEPARTMENT OF ENGtNEER. ZNG SERVZCES CHANGE ORDER SUMMARY SHEET FEBRUARY 22, 2005 PRO.1ECT: Resaca Lift Station and 48" Wastewater Gravil~ Line PRO3ECT NO: 7288 APPROVED: City Council on 5/11/04, by Motion No. M2004-181 CONTRACTOR: Holloman Corporation 13730 [-10 East Converse, TX 78109 TOTAL CONTRACT AMOUNT ............................ 25% Limit Amount ........................................ Change Order No. 1 (10/6/04) ....................... Change Order No. 2 (1/18/05) ....................... Change Order No. 3 (2/22/05) ....................... Total ............................................................ $4,621,795.00 1,155,448.75 22,548.22 i38,290.41 201,781.00 362,619,63 = 7.85% < 25% EXHIBIT "B" Page I of 1 ~hom e~i~jorP roj~c[s~coundle~hiblts\ -'xh7276.d~g BUCKINGHA~ LIFT STAT£ON / N ~FUTURE FORCE MAIN ROUTE ,~o~ ~o ~/ / / ~~" RESACA LIFT STATION & 48" WASTEWATER GRAVITY LINE CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I 01= 1 DATE: 2/~?/2005 12 AGENDA MEMORANDUM February 22, 2005 SUBJECT: Emergency Recovery Operations - Pre-Positioned Contract Development (Project No. 90043) AGENDA ITEM: Motion to authorize the City Manager, or his designee, to execute Amendment No.~,-with Shiner, Moseley and Associates, Inc. in the amount of $30,000 for consulting services associated with Pre-Planning of Emergency Recovery Operations. ISSUE: In order to expedite post-hurricane recovery operations and maximize reimbursement from various disaster relief funds, it is essential that necessary plans and contracts be developed and in place for rapid recovery response and to provide proper documentation to support reimbursement requests from emergency funds. FUNDING: Funding is available from the FY2004-2005 Operating Budget. RECOMMENDATION: Approval of the ordinance and motion as presented. ,~/ge'l R. Escobar, P.E. "'Efltra~o Ga-rafia, ~.E. Dir~tor of Engineering Se~ices Director of Water Se~ices Foster Crowell /~z~Jeffrey Kaplan Director of Wastewater Services Director of Solid Waste Services ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Contract Summary H ~OM E~.EVINS\GEN~HURRICAN~OSMgmt\'"AwdMemo doc ADDITIONAL INFORMATION BACKGROUND: In order to expedite post-hurricane recovery operations and maximize reimbursement from various disaster relief funds, it is essential that necessary plans and contracts be developed and in place for rapid recovery response and to provide proper documentation to support reimbursement requests from emergency funds. A hurricane or other major disaster will result in a dramatic increase in City workloads. The City will be required to continue normal operations while mobilizing all available resources to conduct an effective and efficient disaster recovery operation. Therefore, it was found to be to the City's advantage to identify, contract and pre-position the contract services that will be required to undertake recovery efforts. This resulted in several pre-positioned contracts being in place since the 1998 hurricane seasons. Various pre-positioned recovery and damage assessment contracts were activated in 1999 as a result of Hurricane Bret. While the City suffered only limited damage, the recovery actions were well coordinated. The pre-positioned contracts functioned as intended and there was satisfaction with the contractors' responsiveness and the speed of recovery. Council originally initiated pre-positioned contracts for hurricane and emergency recovery operations in 1997. The contracts covered the 1998 through 2002 hurricane seasons. In 2003, a new contract was issued for contract management services, debris removal and reduction, and hazardous materials collection and disposal. PRIOR COUNCIL ACTIONS: January 28, 2003 - Motion to authorize the City Manager, or his designee, to execute a contract with Shiner, Moseley and Associates, Inc. in the amount of $80,000 for consulting services associated with Pre-Planning of Emergency Recovery Operations (M2003-038). June 16, 2003 - Motion authorizing the City Manager, or his designee, to execute a contract to be activated only in the event of a hurricane or other disaster with D&J Enterprises, Inc. of Auburn, Alabama for Debris Management: Clearing, Removal and Disposal for Post Hurricane/Disaster Recovery Operations. June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute a contract, to be activated only in the event of a hurricane or other disaster, with Ash Britt Environmental of Pompano Beach, Flodda in the amount of $1,151,892 for the Collection, Characterization, and Disposal of Hazardous Waste during Post Hurricane/Disaster Recovery Operations. February 17, 2004 - Motion to authorize the City Manager, or his designee, to execute Amendment No 1 to the contract with Shiner, Moseley and Associates, Inc. in the amount of $30,000 for consulting services associated with Pre-Planning of Emergency Recovery Operations (M2004-056). CONSULTANT: Shiner, Moseley and Associates, Inc. successfully completed the Pre- Planning for the original contract (1997) and the management/training contracts for the 1998 through 2003 Hurricane Seasons. J EXHIBIT A Page I of 2 H :\HOM E~.EVIN S\G E N~H U RRICAN~O5 Mg rnt\^AWDB KG. E~K~.d oc CONTRACT: The new contract provided for revisions in the current pre-positioned contract documents to reflect experiences of other jurisdictions and changes in FEMA regulations. Shiner Moseley will also coordinate with NAS Corpus Christi, the Corpus Christi International Airport, FAA, FEMA Texas Commission on Environmental Quality and other agencies to determine if any modifications to the Debris Reduction and Storage Site Agreements are necessary. The contract also provided for a future phase to implement preparedness services including the pre-positioned contracts and annual contract management services associated with hurricane/disaster preparedness. These annual management services are addressed through amendments for each hurricane season. ALTERNATIVES: Maintenance of pre-positioning contracts is the only viable method of minimizing recovery time and assuring maximum recovery of expenditures from FEMA and other reimbursements. FUNDING: Funding is available from the FY2004-2005 Annual Operating Budget. Funding is being allocated to the Street, Solid Waste, Wastewater, and Water Departments' based upon an estimate of the benefit that will accrue to the Departments. Activation (Hurricane Approach Preparations) and Recovery Operations would be authorized as an amendment only in the event of a hurricane or other disaster with the fee being provided at that time. IMPLEMENTATION SCHEDULE: The implementation schedule provides for all pre- positioned contracts, all training sessions/exercises, and other tasks for the 2005 Hurricane Season to be complete by June 1, 2005. RECOMMENDATION: Approval of the motion as presented. H:~HOME~EVINS\GEN~HURRICAN~SMgmI\^AW©B KG EXA doc EXHIBIT A I Page 2 of 2 CONTRACT SUMMARY - AMENDMENT No. 2 Article I, Section B. Additional Services is amended to read: Additional Services 1. Contract Management - 2003 Hurricane Season Implementation; 2. Contract Management - 2004 Hurricane Season Implementation; 3. Contract Management - 2005 Hurricane Season Implementation; 4. Contract Management - Future Hurricane Seasons Implementation; 5. Annual Contract Review - Review pre-positioned contracts, provide training and exercises, and coordinate with the City to ensure that all information is current. 6. Restoration Contract Management - Subject to specific activation by City, manage the execution of pre-positioned contracts. Article III - Fees Authorized is amended to read: ARTICLE III - FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $140,000. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified. The original contract fee totals $80,000.00 for 2003 services; The fee for Amendment No. I totals $30,000.00 for 2004 services; and The fee for Amendment No. 2 totals $30,000 00 for 2005 services. Contractor management services will be authorized, at the sole discretion of the City Manager, or his designee, in the event of a hurricane, tornado, flooding, or other major natural or man-caused disaster. The Engineer may be verbally directed to initiate services pending the issuance of a future amendment in writing. Reimbursement for contractor management services will be based on a unit rate for time and expenses basis in accordance with the rates shown in Exhibit C. The Engineer will submit a revised rate sheet in January of each year. The new rate will become effective upon approval in writing of an amendment to this contract. Time and material components will include those services provided in association with a specific event. These will include (a) pre-event mobilization, (b) coordination of DAT activities, (c) management of the contract operations center to coordinate response contractors, (d) select monitoring of the contractors operations, (e) coordination with FEMA and the state on reimbursement issues, and (0 other services as may be requested by the City. Summary of Fees: Tasks I ORIGINAL CONTRACT BASIC SERVICES A Description I Fee I Contract Development BASIC SERVICES SUBTOTAL $65,000 $65,000 Exhlb~ B Page1 of 2 ADDITIONAL SERVICES B1 Contract Management - 2003 Hurricane Annual Hurricane Season Implementation B2 B3 B4 Annual Contract Review Management of Contractor Services ADDITIONAL SERVICES SUBTOTAL ORGINAL CONTRACT TOTAL AMENDMENt No. 1 Contract Management - 2004 Hurricane B2a Season AMENDMENT No. 1 TOTAL AMENDMENt No. 1 I Contract Management - 2005 Hurricane B2a Season AMENDMENT No. 2 TOTAL TOTAL $15,000 To Be Negotiated/Authorized To Be Negotiated Negotiated/Authorized To Be Authorized Negotiated/Authorized $15,000 $80,000 $30,000 $30,000 $30,000 $30,000 $140,000 Exhibit B Page 2 o[2 13 AGENDA MEMORANDUM CiW Council Action Date: February 22, 2005 SUBJECT: Manhole Replacements - Old Brownsville Road (Project No. 7335) Freeway System Cast Iron Pipe Rehabilitation (Project No. 7336) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 8 to the contract tot professional services with HDR Engineering, Inc. in the amount of $182,436 for a total restated fee o[ $670,642 for the Sanitary Sewer Trunk Main Rehabilitation Project tor manhole replacements and cast iron pipe rehabilitation. ISSUE: Previous contracts have determined that three manholes in the Old Brownsville Road area need to be replaced. In addition, the sanitary sewer cast iron pipe underneath the freeway system needs to be rehabilitated. Both of these projects are necessary to maintain the integrity of the sanitary sewer system in their respective areas and to comply with state and lederal environmental regulations. In order to proceed with those projects, the bid documents need to be prepared. FUNDING: Funding is available from the FY2003-2004 Wastewater Capital Improvement Program. RECOMMENDATION: Sta[/recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services ! ~4gel R. Escobar, P.E- Oirector of Engineering Services Additional Sul~port Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit "C" Location Map AGENDA BACKGROUNDINFORMATION SUBJECT: Manhole Replacements - Old Brownsville Road (Project No. 7335) Freeway System Cast Iron Pipe Rehabllltstion (Project No. 7336) PRIOR COUNCIL ACTION: 1. March 28, 2000 - Motion authorizing the City Manager, or his designee, to execute an engineering services agreement with HDR Engineering, Inc. for a total fee not to exceed $396,574 for the Sanitary Sewer Trunk Main Rehabilitation as follows: · West Point/Greenwood Trunk Main Rehabilitation · Staples Street Trunk Main Rehabilitation · Omaha Street Trunk Line Rehabilitation · Antelope 24-Inch Trunk Main Rehabilitation · Infiltration/Inflow Related Collection System Enhancement Program: South Staples from Saratoga Boulevard to Timbergate; Timbergate from Staples Street to Opengate; and Cimmaron Boulevard from Saratoga Boulevard to south of Lipes Boulevard. (M2000-096) 2. March 28, 2000 - Motion authorizing the City Manager, or his designee, to execute an agreement for construction materials engineering laboratory's inspection and materials testing services with Trinity Engineering Testing Corporation for a total fee not to exceed $21,800 for the Sanitary Sewer Trunk Main Rehabilitation. (M2000-097) 3. February 10, 2004 - Ordinance approving the F'Y2003-2004 Capital Budget in the amount of $173,624,300. (Ordinance No. 025647) 4. March 23, 2004 - Ordinance appropriating $875,000 from the unappropriated interest earnings from Wastewater 1999A CIP Fund 4243 (SRF) [or the Greenwood Sanitary Sewer Trunk Main Cleaning project; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $875,000. (Ordinance No. 025671) 5. March 23, 2004 - Motion authorizing the City Manager or his designee to execute a construction contract with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $705,590 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. (Motion No. M2004-106) 6. December 21,2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the construction contract with Specialized Maintenance Services of Pasadena, Texas, for the Greenwood Sanitary Sewer Trunk Main Cleaning Project in the amount of $74,875 for a total restated fee of $818,146 for the rehabilitation of an existing 10-inch diameter cast iron sanitary sewer line under S.H. 286 Crosstown Expressway at Segrest Street and an existing 1 O-inch diameter cast iron sanitary sewer line under IH-37 at Savage Lane. PRIOR ADMINISTRATIVE ACTION: 1. May 16, 2000 - Executed Amendment No. 1 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $14,412 for a total restated fee of $410,986. 2. Au(lust 7, 2001 - Executed Amendment No. 2 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $7,110 for a total restated fee of $418,096. I EXHIBFr "A" Page 1 o! 3 3. February 26, 2002 - Executed Amendment No. 3 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount o[ $10,500 for a total restated fee of $428,596. 4. March 6, 2002 - Executed Amendment No. 4 with HDR Engineering, Inc. [or the Sanitary Sewer Trunk Main Rehabilitation in the amount of $3,250 for a total restated fee of $431,846. 5. April 10, 2003 - Executed Amendment No. 5 with HDR Engineering, Inc. [or the Sanitary Sewer Trunk Main Rehabilitation in the amount of $6,500 for a total restated tee of $438,346. 6. September 5, 2003 - Executed Amendment No. 6 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount ol~ $24,906 for a total restated fee o[ $463,252. 7. March 29, 2004 - Executed Amendment No. 7 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $24,954 [or a total restated fee of $488,206. 8. Julv 8, 2004 - Executed Change Order No. 1 with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $14,000 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. 9. November 9, 2004 - Executed Change Order No. 2 with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $23,681 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. FUTURE COUNCIL ACTION: Approval o[ construction contracts to complete the projects. PROJECT BACKGROUND: The City's Wastewater Department has experienced a number of cave-ins, blockages, and settlements on several sanitary sewer trunk mains throughout the city over the years. The contract with HDR Engineering Inc. (approved on March 28, 2000) was first initiated to address those issues in a variety of locations and involved several different projects, some o[ which have already been constructed. They are listed as follows: · West Point/Greenwood Trunk Main Rehabilitation (Project No. 7143) · Staples Street Trunk Main Rehabilitation (Project No. 7144) · Omaha Street Trunk Line Rehabilitation (Project No. 7145) · Antelope 24-inch Trunk Main Rehabilitation (Project No, 7175) · Infiltration/Inflow Related Collection System Enhancement Program at South Staples, Timbergate, Cimmaron, Sycamore (Project No. 7182) · Moore Plaza Line Sanitary Sewer Rehabilitation (Project No. 7251) · Allison WWTP Trunk Main Line "A" (MH 4975-MH 10921 ) and Line "B" (MH 10917- MH 10916) (Project No. 7252) · Greenwood Trunk Main System (Project No. 7292) · IH-37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Ddve~ Cleaning and Televising (Project No. 7304) AMENDMENT NO. 8: The proposed Amendment No. 8 consists o[ the I'ollowing: · Manhole Replacements - Old Brownsville Road (Project No, 7335) - One of the purposes of the Greenwood Trunk Main System (Project No. 7292) was to ascertain the cause of the settlement of the manhole at the Home Road/Navigation Boulevard and Old Brownsville Road intersection. Due to the condition of this manhole and the adjacent lines, attempts to determine the cause have not been successful. Two other manholes in this area have also settled: one at the Omaha/Old Brownsville Road intersection and another near the end of the present Omaha pavement. The consultant will prepare bid documents to replace these manholes using the following procedure: removing the existing manholes, installing four ddlled shaft piers through the underlying sand layer to a lower clay layer, constructing a 10' xl 0' concrete base, and installing a new fiberglass manhole. The portions of the lines adjacent to these manholes that have settled will also be replaced to the proper grade. The work on the manholes will require extensive bypass pumping. All work within Old Brownsville Road will require coordination with, and a permit from, the Texas Department of Transportation (TXDOT). The consultant's preliminary estimate of the construction costs to replace these three manholes is $806,960. Freeway System Cast Iron Pipe Rehabilitation (Project No. 7336) - The primary purpose of the IH-37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Drive) Cleaning and Televising (Project No. 7304) was to ascertain the condition of the sanitary sewer lines under the freeway system. The project included cleaning a number of cast iron pipe crossings ranging in size from 8" to 30" diameter. Some of the crossings that were labeled on the City base maps as vitrified clay pipe (VCP) were discovered to be cast iron pipe (CIP). To date, there are 21 crossings in the project that are CIP. These cast iron pipes were placed under the freeway system at the time it was built on the premise that cast iron pipe would withstand the embankment and construction loads better than vitrified clay. The cast iron pipe crossings that have been cleaned to date are severely tuberculated and deteriorated most likely due to the action of H2S gases or the resistivity of the surrounding soil. Initially the goal was to remove all the tuberculation. However after cleaning the first cast iron segment and discovering the fragile condition of the line (along with many holes), the contractor was instructed to clean the pipes sufficiently to restore as much of the flow capacity as possible without damaging the pipe. Even with the reduced cleaning effort, a second segment was discovered with multiple holes. The consultant will prepare bid documents to rehabilitate all the cast iron pipe segments under the freeway system using the following procedure: evaluate the service area to ascertain the amount of flow and capacity of the existing line. From that the most appropriate rehabilitation method will be determined -cured-in-place- pipe (CIPP) or pipe bursting. The rehabilitation of these line segments will require coordination with TXDOT. If the CIPP process is used, additional line cleaning will be required to make the lines ready for the liner. Assuming that the rehabilitation method for all the crossings is CIPP, and based on the change order pricing for the two crossings that are being rehabilitated as well as previous bid pdces, the consultant's preliminary estimate of the construction costs is $1,750,000. if pipe bursting is necessary for capacity reasons, this figure could be higher. CONTRACT SUMMARY/FEE: Contract summary and fee are attached as Exhibit "B." CONTRACT SUMMARY 1. SCOPE OF PROJECT: Manhole Replacements -Old Brownsville Road (Project No. 7335) Freeway System Cast Iron Pipe Rehabilitation (Project No. 7336) The proposed Amendment No. 8 will provide the engineering design and bid document preparation for the replacement of three manholes in the Old Brownsville Road area and for the rehabilitation of the sanitary sewer cast iron pipe underneath the freeway system as follows: IH-37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Drive). 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design and survey services necessary to prepare plans, construction bid and contract documents, as described in EXHIBIT A. In addition, AJE will provide monthly status updates (project progress or delays, gantt charts, as requested, presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-l, to complete the project. 3. SCHEDULE Manhole Replacements - Old Brownsville Road (Project No. 7335) DAY DATE Wednesday February 23, 2005 Friday May 6, 2005 Friday May 20, 2005 Wednesday June 8, 2005 Monday (2) June 13 and 20, 2005 Wednesday June 22, 2005 Wednesday June 29, 2005 Monday July 25, 2005 Friday TBD ACTIVITY Begin Design Phase 60% Submittal Complete City Review Final Submittal Advertise for Bids Pre-Bid Con[erence Receive Bids Begin Construction Construction Completion Freeway System Cast DAY DATE Wednesday February 23, 2005 Friday April 29, 2005 Friday May 13, 2005 Friday May 27, 2005 Monday (2) June 5 and 13, 2005 Wednesday June 15, 2005 Wednesday June 22, 2005 Monday July 18, 2005 Fdday TBD Iron Pipe Rehabilitation (Project No. 7336) ACTIVITY Begin Design Phase 100% Submi['tal Complete City Review Final Submittal Advertise tor Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion EXHIBIT "B" Page 1 o! 2 3. FEES Design Phase Bid Phase Construction Phase BASIC SERVICES SUBTOTAL Construction Observation (Additional Service) TOTAL FEE Manhole Replacements $46,107 $ 7,196 $25,315 $76,618 $26,180 $102,798 Cast Iron Pipe Rehabilitation $35,249 $ 6,431 $26,198 $67,878 $11,760 $79,638 ToLl Fee $81,356 $13,627 $51,513 $144,496 ~7,9~ $182,436 Pa_g~_.2? 2 _.J ~Mproject\councdexhibits' exh7355.dwg BE~R LANE N ~J¢J! PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT No. 7335 EXHIBIT "C" MANHOLE REPLACEMENTS OLD BROWNSVILLE ROAD 2005 CIT~ OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT OEP~E~ ~ ENCINEEN~..~I~V~C~ PA~E: ~ o~ ~ ~TE:02/16/2005 \ Mprojec t ~ councitexhibits \ exh 7JJ6.dwg N NUECES BAY CORPUS CHRIS~ BAY LAGUNA MADRE NOTE: CITY WIDE PROGRAM LOCATION OF PROJECTS TO eE DETERMINED BY WASTEWATER DEPARTMENT GULF OF MEXICO L OCA T Z ON MAP NOT TO SCALE PROJECT No. 7336 EXHIBIT "C" FREE,lAY SYSTEM CAST IRON PIPE REHABIL I TA TION CITY OF CORPUS CHRIST], TEY~5 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE:02/f 6/2005 14 AGENDA MEMORANDUM February 22, 2005 SUBJECT: Professional Minor League Baseball Stadium - Project No. 4285 AGENDA ITEM a. Ordinance appropriating $214,007 61 from unappropriated interest earnings and $27,293.39 from anticipated interest earnings from Baseball Stadium 2004 CIP Fund No. 3276 for the Whataburger Field; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $241,301; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Chdsti, Texas and Indianapolis, Indiana in the amount of $393,150.00 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $22,546,454 for construction for the Professional Minor League Baseball Stadium. FUNDING: Funding is available from the Baseball Stadium 2004 CIP Fund and accrued interest earnings. RECOMMENDATION: Approval of the ordinance and motion as presented. ,~,ngel R. Escobar, P. E. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Budget Exhibit C. Change Order Summary Exhibit D. Location Map H:~HOM E'~EVINS~EN~BasebalI\CO3Memo doc BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The architect issued several document packages after the GMP was established to complete the design and accommodate user needs. This includes a number of enhancements that represent significant improvements to the stadium. Several of the items included in Change Order No. 3 address areas that were not included in the design package at the time the price was established. The fast track nature of the project resulted additional details that were not included when the Guaranteed Maximum Price was negotiated. The project manager, staff, contractor and team owners worked together to minimize the cost of these enhancements to the City. However, these actions still require a net increase of $393,150.00. The four major items included on this change order are: Architect issued modifications which includes additional fire extinguisher cabinets, added bathroom accessories, additional CMU, stained concrete flooring, ballpark netting, hot water piping to the Suites, and power and lighting to outfield structures. $37,8O5.O0 · City initiated installation of mud slab under pre-cast seating area to prevent standing stagnant water. $38,847.00 · Architect issued modifications which includes structural steel and cover for open gdll area, flag pole additions, picnic storage expansion, addition of backlit signage (electrical panels and conduit), additional electrical and plumbing for outdoor concession areas. $158,954.00 Architect issued modifications which includes Concrete walls, stairs, and ramp for the swimming pool area. HKS also issued structural modifications to Picnic Storage room, added roof framed opening for mechanical, hotJcold hydrant. The largest portion of this PCO were in HKS issued MEP and Architectural changes to the Whataburger Concession. This PCO also includes Addendum #1 and Addendum #2 which price additional MEP changes to Whataburger. $157,544.00 A detail of the change is attached. See Exhibit C PRIOR COUNCIL ACTION: The Stadium Project has involved a number of complex actions. Some of the significant actions by Council include: October 24, 2003 - a. Motion authorizing the City Manager, or his designee, to execute an architectural services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas, Texas for the Professional Minor League Baseball Stadium (M2003-370). b. Motion authorizing the City Manager, or his designee, to execute a project management services contract in an amount not to exceed $475,175.00 with Anderson Group Construction Management, Inc. of Corpus Christi for the Professional Minor League EXHIBIT A Page 1 of 3 H:~HOME~EVINS\GEN~asebalI\CO3BkgExhA doc Baseball Stadium (M2003-371) October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003-389). October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003-389). November 11, 2003 - Motion authorizing the City Manager, or his designee, to execute a demolition contract with Cherry Demolition Company, of Houston, Texas, in an amount not to exceed $466,000 for the Demolition of Compress Units 1, 2, and 3 for Stadium Construction subject to approval of an agreement with the Port of Corpus Christi Authority to purchase the property (M2003-405). Decembor 9, 2003 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in an amount not to exceed $32,500.00 with Wilbur Smith and Associates, Inc. of Dallas, Texas for a parking, roadway, and traffic study for the Professional Minor League Baseball Stadium (M2003-434) December 16,2003 - Motion authorizing the City Manger to execute a binding agreement with RSR Sports, Inc. relating to the location and operation of a minor league baseball team in the City (M2003-452). December 16, 2003 - Motion authorizing the City Manager to execute a Contract of Purchase with the Port of Corpus Christi Authority for the City Corpus Chdsti baseball stadium and related parking spaces subject to the certification of funds (M2003-453). Januarv 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a contract for Construction Manager at Risk with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana for the Professional Minor League Baseball Stadium (M2004-016). February 24, 2004 - a. Motion to amend prior to second reading by substituting an amended long-term lease with Round Rock Baseball, Inc., to manage and operate a baseball stadium (M2004- 069). b. Ordinance authorizing the City Manager to execute a Iont-term lease with Round Rock Baseball, Inc., to manage and operate a baseball stadium to be constructed bythe City, in consideration of the payment of rent and the obligation to have a minor league baseball team affiliated with major league baseball play its home games in the stadium (First Reading 01/27/04 - Ord. No. 025662). c. Motion authorizing the City Manager to execute a non-relocation agreement by and between the City of Corpus Christi and Round Rock Baseball, Inc. (M2004-070). March 30, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana establishing a Guaranteed Maximum Price of $21,460,526 for construction for the Professional Minor League Baseball Stadium (M2004-123). April 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a Construction Materials Inspection and Laboratory Testing Contract in an amount not to exceed $79,880 with Kleinfelder of Corpus Christi, Texas for the Protessional Minor League Baseball Stadium (M2004-146). January 11, 2005 - Motion authorizing the City Manager, or his designee, to execute IEXHIBITA I Page 2 of 3 H:~HOML~KEVINStGE N~BasebalJ\CO3BkgExhA doc Change Order No. 1 with the Construction Manager at Risk contract with Fulton/Coastcon and Hut,* Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $331,409.00 for installation of a 36-inch Storm Water Main from Whataburger Field to the Corpus Christi Ship Channel and increasing the Guaranteed Maximum Price to $21,791,935 for construction for the Professional Minor League Baseball Stadium (M2005-014). Februa~ 8, 2005 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $361,369.00 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $22,153,304 for construction for the Professional Minor League Baseball Stadium (M2005-043). PRIOR ADMINISTRATIVE ACTION: October 10, 2003 - Distribution of Request For Proposals (RFP) No. 2003-0~ (Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. November 12, 2003 -Addendum No. I to the Request For Proposals (RFP) No. 2003-06 Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. Februa~ 20, 2004 - Award of Change Order No. 1 to Cherry Demolition Company, of Houston, Texas, in the amount of $18,000 for saw cutting for roof separation, and saw cutting fire walls. November 30, 2004 - Award of Amendment No. 1 to Kleinfelder of Corpus Christi, Texas in the amount of $11,972 for materials testing and laboratory services. FUTURE COUNCIL ACTIONS: The need for additional information and review did not permit for presentation of a single final change order. Additional items are under review and negotiation to ensure the most advantageous alternatives and prices are realized by the City. An additional change order(s) will be presented for Council consideration as the reviews and negotiations are finalized. FUNDING: Funds are available from the Baseball Stadium 2004 CIP Fund and accrued interest earnings. H:~-IOM E~EVINS',~EN'~ aseball~CO3BkgExhA doc EXHIBIT A Page 3 of 3 FUNDS AVAILABLE: Stadium Bond Proceeds Bond Interest Appropriation Sales Tax Proceeds Storm Water CIP Fund PRELIMINARY BUDGET Professional Baseball Stadium CORPUS CHRISTI, TEXAS February 22, 2005 Total FUNDS REQUIRED: Demolition Construction (GMP) Change Order No. 1 (Storm Water Outfall) Change Order No 2 (Increased Scope) Change Order No 3 (Changed/Increased Scope) Construction Contingencies (38%) Design Consultant (Arch./Engineer) Project Management North Ta~cahua Extension (Design) Land SBC Telephone Design Reimbursements Survey Reimbursements (included in NE contract) Construction Inspection (by Project Managment) Testing (Materials & Quality Control) Testing Amendment No. I (Materials & Quality Control) Geotechnical Admin. Reimbursements Art Environmental Clearance Elimination o[ Architectural Barrier Review Miscellaneous Expenses (Printing, Advertising, Express, etc ) Total Variance PRELIMINARY BUDGET 25,750,000 241,301 1,400,692 331,409 27,723,402 484,000 21,460,526 331,409 331,369 393,150 823,712 1,240,000 475,175 24,805 1,800,000 10,000 79,880 11,972 33,400 187,500 13,554 95O 22,000 27,723,402 0 ACTUAL BUDGET Exhibit B Page 1 of 1 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET FEBRUARY 22, 2005 PROJECT: WHATABURGER FIELD BASEBALL STADIUM Project No 4285 APPROVED: COUNCIL MOTION No. 2004-123 APPROVED 03/30/04 CONTRACTOR: Fulton/Coastcon and Hunt Construction Group, J.V., LLC P. O. Box 9486 Corpus Christi, TX 78469 TOTAL CONTRACT AMOUNT .................... 25% Limit Amount ......................................... 21,460,526.00 5,365,131.50 Change Order No. 1 (01/11/05) ..................... Change Order No. 2 (02/08/05) ..................... Change Order No. 3 (02/15/05) .................... Total ............................................................ 331,409.00 361,369.00 393,150.00 1,085,928.00 -- 5.06% < 25% Exhibit C Page 1 oi: 3 CHANGE ORDER NO: Operating Deparb'nent: Name oi' Project: CorPus Chds/i Baseball Stadium - Wha/aburper Field Contractor: Fulton-Coaslcon/Hunt JV CHANGE I Owner PCO's #1,2,3,4, CHANGE ORDER Depart~Tmnt o1: Engineering Services City o1: Corpus Christi, Texas 03 PROJECT NO: 4285 CONTRACT TIME: Complete 4--5-05 Enqineednc~ Services DATE: Februa~' 16, 2005 *Note: Please rei:. atlached Page 2 of 2 for PCO details. ADD DEDUCT $393,150 Total Add. Lump Sum $393,150 Why was this change necessary? (If left off the plans and specifications, explain why) Many o[/he user or vendor requirements were not available and had to be incorporated as the project proqressed. How can similar changes be avoided in the future? 1, Due to the fast track nature of the Baseball Stadium, the design concept was not fully developed until after construction had begun. Thus, this change could not be reasonably avoided. A. CONTRACT PRICE ........................................................... $ 21,460,526.00 B TOTAL CHANGE ORDERS (inc. current) ........ $ 1.085,928 00 C. NEW CONTRACT PRICE .............................................. $ 22,546,454.00 D THIS CHANGE ORDER ..................................................... $ 393,150.00 E. PERCENT TOTAL CHANGE (B/A) .................................... 5.06% F PREVlOUS ADDN'L TIME AUTHORIZED ........................... n/a c d G ADDN'L CONTRACT TIME THIS CHANGE ORDER .......... n/a c d H TOTAL ADDITIONAL TIME ............................................ n/a c d Construction Manager CITY OF CORPUS CHRISTI, TEXAS By: Cib/Engineer CONTRACTOR: Fulton-Coastcon/Hunt By: Title: APPROVED: Operating Departxnent Management/Budget Department Legal Department Exhibit C Page 2 o[ 3 CHANGE ORDER No. 3 - Whataburger Field Department of Engineering Services City of Corpus Chdsti, Texas a.) b.) d.) Owner PCO #1 - HKS Issued modifications which included additional fire extinguisher cabinets, added bathroom accessories, additional CMU, stained concrete floodng, ballpark netting, hot water piping to the suites, and power and lighting to outfield structures. Add = $37,805.00 Owner PCO #2- Mud slab provided under pre-cast seating area. Add : $38,847.00 Owner PCO #3 - HKS issued modifications which included structural steel and cover for open gdll area, flag pole additions, picnic storage expansion, addition of backlit signage (electrical panels and conduit), additional electrical and plumbing for outdoor concession areas. Add = $158,954.00 Owner PCO ~ HKS issued modifications which included Concrete walls, stairs, and ramp for the swimming pool area. HKS also issued structural modifications to Picnic Storage room, added roof framed opening for mechanical, hot/cold hydrant The largest portion of this PCO were in HKS issued MEP and Architectural changes to the Whataburger Concession. This PCO also includes Addendum #1 and Addendum #2 which price additional MEP changes to Whataburger. Add -- $157,544.00 TOTAL $393,150,00 Exhibit C Page 3 of 3 PROJECT LOCATION N CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE PUEIUC OIL STADIUM SITE CITY PROJECT No. 4285 VICINITY MAP NOT TO SCALE PROFESSIONAL MINOR LEAGUE BASEBALL STADIUM (uus[uu) CORPUS CHRISTI $ N C~TY COUNCIL EXHZBIT O~AR~ENT OF E~INEERING SERVIC~ PAGE: I of I EXHIBIT 'D' ORDINANCE APPROPRIATING $214,007.61 FROM UNAPPROPRIATED INTEREST EARNINGS AND $27,293.39 FROM ANTICIPATED INTEREST EARNINGS FROM BASEBALL STADIUM 2004 CIP FUND NO. 3276 FOR THE WHATABURGER FIELD; AMENDING THE CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025647 BY INCREASING APPROPRIATIONS BY $241,301; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $241,007.61 is appropriated from unappropriated interest earnings and $27,293.39 from anticipated interest earnings from Baseball Stadium 2004 CIP Fund No. 3276 for the Whataburger Field. SECTION 2. The Capital Budget adopted by Ordinance No. 025647 is amended by increasing appropdatJons by $241,301_ SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of January, 2005. A~EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February !7,2005 Burke, Jr. ~' t City Attomey Attorney Samuel L. Neal, Jr. Mayer IohnBurke\OrdReso2005\ORDAppm4 Whatal~rger Field Ila Corpus Christi, Texas Day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott JohnBurke\Ord Reso2005',O RDAppre~ Whataburger Field .lla 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/2212005 AGENDA ITEM: a. Motion authorizing ~l~e £'i~ Mauagcr or his designee to approve a Renewal for Standard Mainteuancc x,,ilh PeopleS{lit USA. Inc of Pleasauton, California tlr the amount of $277,235.38 for t;,~elvc (I 2) momhs PeopleSoft soli>,,are nraintenance and support lbr Asset Management, Accounts Payable. Benefits Admm, budgeling, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, Tilne & Labor Public Sector software based ou sole source. b Motion authorizing the Ci~' Manager or his designee to approve a Renewal for Standard Mamteuance with PeopleSoft t JSA. Inc. of Pleasanton, California in the amount of $38,740.00 for Paelve (12) months PeopleSofl sotiware nrainteuance and support for eDevelopment, eCompensation, eBeoefits, cProfile, cRecruit, ePay software based on sole source. ISSUE: PeopleSoli t/S,,\, bio has subtni[ted ~so invoices #USA0129833 and #USA0129834 for Rene~,,al Standard Sol%sate Maintenance aud Support Fees pursuant to tire terms of the License Agreement. Soft~'~are ~nnst be uramtamed to alloy, lbr upgrades, improvements and to eusure that it is stays compatible with other systems Support is fi~r the period 03/25/2005 through 03/24/2006. PeopleSofi USA, Inc. is lhe sole provider of this licensing and technical support Accordmgtol;ocalGovcmmentCode252022(a)(7)(D), these ;ire sole SOtlrce procnrement BACKGROUND: On March 24, 1998, CJI5' Council autlrorized tire purchase of PeopleSoft Human Resonrces, Benefits Administralkm. Payroll, Time & Labor, General Ledger, Payables, Purchasing, Asset Managemeut, Projecls, Budgets. lnvento~, and SQR including first year technical support. In March 2002, PeoplcSofl web-based applications cDcvelopmenl, eCompensation, eBenefits, eProfile, eRecmit, and ePay were made available to the City at no initial cost including first year technical support. REQUIRED COUNCIL ACTION: City Cunncil approval is required Ibr all expenditures over $25,000. PREVIOUS COUNCIL ACTION: Cotmcil approved Rcuewals for Standard Maintenance i'br the previous fiscal year FUNDING: The total cost of $~15.975 ~8 will be funded fro[n the MIS Department current fiscal year opera0og budgel. ]'his purci~ase is withiu total projcc[ bndget. CONCLUSION AND RECOMMENDATION: Staffrecolnmends approval of motions as requested. Ogilvie Gerickc, Director of MIS 16 CITY COUNCIL AGENDA MEMORANDUM City. Council Action Date: February 22, 2005 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute a purchase agreement with The Omega Group of San Diego, California in the amount of $36,995.00 utilizing funds from the Cops More Grant. This purchase expands upon the Crime Analysis application currently utilized by Police Department Crime Analysts. The addition will allow field officers access to the same data available to them from the crime analysts and they will have the capability to peffom~ crime analysis in their vehicles B. Motion authorizing the City Manager or his designee to purchasc TotalRoam software developed by PADCOM, Inc. £rom Redmoon BroadBand, Inc. of Piano, Texas in the amount of $54,640.0~ in accordance with the State's Cooperative Purchasing Program utilizing funds fi-om the Cops More Grant This software is required to allow users to roam scamlessly between the WiFi network and carder based solution when the WiFi is not available. Once purchased, it can be used by all city departments tbr a nominal licensing fee. ISSUE: A. The goal of the COPS MORE pant is to provide crime analysis in the field and it will expire on 28 February 2005. Software from the Omega Group of San Diego, CA is currentlybemg used by the City's Crime Analysts and purchase of the expanded version will allow us to extract data from public safety databases for display via web browser in police patrol vehicles and oft~cers will have the capability to pertbmr crime analysis in their vehicles. B. The bandwidth of the existing 800 MHz data system is inadequate to allow for this tool to be used in patrol vehicles and data should be moved from the 800 MHz system to the WiFi network. But the WiFi network is not available at all locations yet and it should be supplemented with a carrier based network to allow officers access fi.om all locations. When the Officers travel between the different networks the TotalRoam software will transfer data seamlessly from one network to the other. It will usc WiFi whenever possible and will transfer to the carrier network when WiFi is not available These network changes will ultimately lead to a change in the Automated Vehicle Location (AVL) system in usc and this will allow us to redeploy data radio hardware to the voice transmission side to improve coverage in areas such as Calallen and Padre Island. As a result thc cost of mainlaining radios, especially those in the in patrol cars, will decrease but the cost for the cattier network will increase. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On Octob~ 30, 2001, Council approved Motion 2001-413 to accept COPS MORE gram for Crime Analym in the fie~d. IeUI~ING: Amoum Budgeted Source of Funds $91.635 COPS MORE Grant 1061 - 520090 - 820511 CONCLUSION AND RECOMMENDATION: Staffrecommends approval of the motions as presented. Ogilvie F. Gericke, P.E. Dire~-t or of MIS Attachments: Exhibit A: The Omega Group proposal dated 14 Jantl~l'y 2005 Exhibit B: RedMoon quote dated February l 1, 2005 17 AGENDA MEMORANDUM February 22, 2005 AGENDAITEM: Motion approving the Dislribution Main Extension Construction and Reimbursement Agreement submiffed by Onac Development Inc., owner and developer of The Boardwalk Unit 2 subdivision, site of the new southside elementary school, located west of the intersection of Brockhampton Street and Stonehenge Ddve for the installation of 115 linear feet of an 8-inch PVC water distribution main; and Ordinance appropriating $7,358.38 from the Water Distribution Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation ol= 115 linear feet of an 8-inch PVC water dislribution main to develop the new southside elementary school within The Boardwalk Unit 2 subdivision; and declaring an emergency. ISSUE: Onac Development Inc., owner and developer of The Boardwalk Unit 2 subdivision, will initiate the installation of 115 linear feet of an 8-inch P.V.C. water distribution main along the present and proposed westward extension of Stonehenge Drive, connecting to an existing water distribution main at the intersection of Stonehenge Drive and Sterling Drive, once the City Council approves the Distribution Main Extension Construction and Reimbursement Agreement and funds to pay for said installation are encumbered from the Water Distribution Main Trust Fund in compliance with Ordinance No.025424 RECOMMENDATION: Staff recommends approval of the Motion and Ordinance as presented. ATTACHMENTS: Exhibit A. Exhibit B Exhibit B-1 Exhibit C Exhibit D Exhibit E B:AcI%Ily. A.I.C.P_ Director of Development Services Background Information Area Map Water Line Location Cost Estimates Reimbursement Application Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of The Boardwalk Unit 2 subdivision required the construction of 115 linear feet of an, off-site, 8-inch PVC water distribution main. The proposed off-site 8-inch water distribution main will begin at the east boundary of the subdivision and will extend along the present and proposed westward extension of Stonehenge Drive, connecting to an existing water distribution main at the comer of Stonehenge and Steding Drives. (see Exhibit B - Site Map and Exhibit B-I-Water Line Location). The 8-inch water distribution main will provide water services to two residential lots and the proposed southside elementary school development within the Boardwalk Unit 2 subdivision. The 8-inch PVC, off-site, water distribution main is eligible for reimbursement in accordance with the Platting Ordinance Section V, Subsection B, 5 (f) (2). The total cost submitted by the developer for the installation o1:115-feet of the 8-inch PVC water distribution main including 7.5% of associated engineering costs is $7,358,38. The acreage lot fee for this subdivision of $15,184.38 has not being paid. Since the acreage lot lee is greater than the cost of constructing the water line, the City will reimburse the $7,358.38 cost of constructing the 8-inch PVC, off-site water distribution line after the $15,184.38 water acreage fees have been paid. The developer has submitted a Distribution Main Extension Construction and Reimbursement Agreement and supporting documentation in compliance with provisions of the Platting Ordinance. The Application for the distribution main reimbursement and supporting cost documentation are altached (see Exhibit C, Cost Estimates, Exhibit D, Reimbursement Application and Exhibit E, Reimbursement Agreement). If approved, reimbursement will be payable upon completion and acceptance of the water distribution main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $ 7,358.38. RECOMMENDATION: presented. Staff recommends approval of the motion and ordinance as Page I of 1 LipesBIvd. ARISA HAP 1' = lO00' BASS A,ND W[LSH ENGINEERING CORPUS CHRL~11, TX CO~. NO_ EXB-AMAP JO~ NO. 04102 'SC.N..E: AS SHOWN :gq_Ol SC, ALE: 1' = 20' PLOT DATE: 12/22/04 SHEET 1 OF ? THE BOARDWALK UNIT 2 AREA MAP CORPUS CHRISTI, TX EXHIBIT B r- (. (THE BOARDWALK UNIT 2) Z LOCATION MAP ~,.SS AND WELSH ENGINEERIN~ 30RPUS CHRISll, TX 30MP. NO [XIq-WTR lOB NO 04102 ~C.~L£: AS SHOWN )LOT SCALE: 1' THE BOARDWALK UNIT 2 8' WATER DISTRIBUTION MAIN CORPUS CHRISTI. TX EXHIBIT B-1 Mark Simon - 04102-PCE-WTR.xls Page I j ITEM DESCRIPTION OFFSI'I'E WATER CONSTUCT1ON 1. 8" PVC PIPE 6" x 6" TAPPING SADDLE & TAPPING GATE 2. VALVE 3. 8" x 6" REDUCER 4. 8" 45~ BEND QUANTITY UNIT UNIT PRICE 115 LF $ 23.00 $ 2,645.04) 1 EA 3,500.00 3,500.00 1 EA 350.00 350.00 1 EA 350.00 350.00 SUB-TOTALOFFSI-EWATEROONSTRUCTION $ 6,845.00 7.5 % ENGINEERING TOTAL O~FSITE WATER $ 513.38 $ 7,358.38 EXHIBIT C APPLICATION FOR WATERLINE REIMBURSEMENT i, 'T'~I= ~o~L~ 0~1~ ~ Subdivi~on, herebyrequestreimbursementof $ 7~.~ for the installation of the water (dis~bution main) (a~ehal ~mission or ~d mum) m conjuncuon with ~ ~O~ O~tF~ Subdivision, ~ provtd~ forbyCi~OrdinanceNo. 17092. Said$ 7~_~ is the cons~ction cost, including 7.5% Engineering, in excess of the lot/acreage fee, as sho~J>y~ herewith. (Developer) cost supporting documents attached (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on .~ MY COMMISS~N FJ(PIRES C ERTl~N .~ o. ~ , a Texas Corporation, on behalf of the said corporation. Notary Public in and for Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Disthbution Main) (G,id ~,d A~t,,,iul ]Main) Trust Fund, and (b) appropriation and approval by the City Council. t~irffctor of Engineering --(City Engineer) EXHIBIT D DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipal corporation, P.O. Box 9277, Corpus Chdsti, Texas, 78469-9277, and Onac Development Inc., ("Developer"), P.O. Box, 271201 Corpus Chdsti, Texas 78427 WHEREAS, Developer in compliance with [he City Platting Ordinance, has filed a plat to develop a tract of land of 17.695 acres called The Boardwalk Unit 2 Subdivision located west of the intersection of Brockhampton Street and Stonehenge Drive, as shown in the attached Exhibit 1. WHEREAS, under the Platting Ordinance. the Developer is responsible for construction of the 8-inch PVC water distribution main; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement o[ the Developer's costs for the construction of 8-inch PVC water distribution main; and WHEREAS, it is essential that portion o1: the 8-inch PVC water distribution main be conslructed in connection with The Boardwalk Unit 2 Subdivision development for service to be provided to the proposed southside elementary school; and WHEREAS, it is to the best interest of the City and the Developer for the 8-inch PVC water distribution main be constructed to the size and serve the area specified; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows; 1. REQUIRED CONSTRUCTION The Developer shall construct the 8-inch PVC water distribution main needed for The Boardwalk Unit 2 Subdivision in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 8-inch PVC water distribution main, as shown in Exhibit 2, with the following basic design: (1) Install 115 linear feet of 8-inch PVC water distribution main. (2) Install one (1) 6X6-inch Tapping Saddle and Tapping Valve EXHIBIT E (3) Install one (1) 8X6 inch Reducer (4) Install I (one) 8" X 45-degree Bend. (5) The off-site water distribution main will begin on the east boundap/of the subdivision along the proposed westward extension of Stonehenge Ddve and tie into the existing 6" water distribution main located at the corner of Steding Ddve and future Stonehenge Drive. b. The plans and specifications must comply with City Standard Water Detail Sheets and Standard Specifications_ c. Before the Developer starts construction plans and specification must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 8-inch PVC distribution main extension, Developer shall will acquire and dedicate to the City the required utility easement or right, of-way for the installation of 8-inch PVC distribution main extension. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage or lot fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS, Developer shall award a contract and complete the 8-inch water distribution main, in accordance with the approved plans and specifications. 6. REIMBURSEMENT_ a. The City will reimburse the Developer 100% of the cost of the 8-inch PVC water distribution main, not to exceed $7,358.38, within 30 days upon invoicing, by the Developer, it the work has been completed and has been inspected and accepted by the City. The City agrees to conduct periodic inspections of the progress of the work at key points dudng the construction. b_ The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 8-inch PVC water distribution main by the professional engineer hired by the Developer. However, the expenses may not exceed 7,5% of the costs of construction of the 8-inch water distribution main. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, adsing from or incident to this 12 inch PVC arterial transmission and grid main construction. 8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 3. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: George K. Noe City Manager APPROVED: /'"~ day of /,~..~. , 2005 By: Assistant City Attorney For City Attomey THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2005, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Emilio Cano for Onac Developmen[ Inc. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on '~l~-z/~ /~'~ ,2005, by Emilo Cano, representing Onac Development Inc., Owner and Developer of The Boardwalk Unit 2 subdivision. Notary Public, State of Texas EXHIBIT 1 EXHIBIT 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City o! Coq)us Christi'Ordinance 17112, as amended, requires all persons or firms seeking [o do business with the City I.o provide the Iollowthg information. Every guestion?ust be answered, If the question is not applicable, answer wilh 'NA'. r,,M,^ME:~......~.~....~..C. ........ './2..'.C~.~_+.,~.~_~ ............................................................................................. sT.E~:.../-/~.....~Z....~. ] ....................... c.~: ...... ~...c._ ........................... z,":.....?.&.~.~? FIRM is: 1. Corporation Gi' 2. Padnership [] 3. Sole Owner [] 4. Association [] 5. Other [] ' DISCLOSURE QUESTIONS II addilJonal space is necessary, please use the reverse side o! this page o~ attach separate sheet. 1. State the names o1: each "employee" o1' ~he City of Corpus Christi having an "ownership Interest" constituting 3% or more o1' the ownership In the above named "firm". Name Job TiUe and City Department (if known) ................................ ~/~......~.~o.) .................................. : .................................................................... State Ihe names of each "official" of the City of Corpus ChrlsU having an "ownership Interest" conslitutlng 3% or more of the ownership In the above named "firm". Name Title .................................. ......... {- ................. ......................................................................... Share the names o! each "board member" of the City of Corpus ChdstJ having an 'ownership Interest' co~sfilulJng 3% or more o1' the ownership In the above named 'firm'. Name Board, Commission or Committee ................................... .... ............................................................................................ State the names of each employee or o[ficer of a "consultant" for the Clly of Corpus Christi who worked on any matte~ related to Ihe subject of this conlract and has an "ownership Interest" constituting 3% or more of the ownership in the above named "'firm". Name Consulian[ ........................................ ..... ....................................................................................... CERTIFICATE I certify that all information provided is [rue and correct as of the date of this statement, thai I have not knowingly withheld disclosure o[ any inl'ormation requested; and thai supplemenlal statements will be promptly submitled to the Cit~ Corpus Christi, Texas as char~e~s occur. CeHihyngPerson ,~"~f"Z,'0 ~"~-~'~~-~-'~ Tiile' '?~'~-'~- ................ ~;~;'o;'~ ............. ~'- .............................................................. Signature o, Certi~ing Person: ....~.~_~. ........ Dale: ....~'/.~./....~.....-,,~... .............................. EXHIBIT 3 AN ORDINANCE APPROPRIATING $7,358.38 FROM THE WATER DISTRIBUTION MAIN TRUST FUND NO. 4030-540450 TO PAY DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 115 LINEAR FEET OF AN 8 INCH PVC WATER DISTRIBUTION MAIN TO DEVELOP THE BOARDWALK UNIT 2 SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $7,358.38 from the Water Distribution Main Trust Fund No. 4030-540450 is appropriated to pay developer (ONAC Developers Inc.) reimbursement request for the installation of 115 linear feet of an 8 inch PVC water distribution line extension to develop The Boardwalk Unit 2 subdivision. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Char[er rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 22nd of February, 2005. ATTEST: THE CITYOFCORPUSCHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to form only 2005. By: J;sSs le~ ety~,~,,tto :ney. . /...~' For City Attorney H:LLEG-DIRLloseph\Ord-appr-OnacBdwk.doc Corpus Christi, Texas day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set fodh in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respec~ully, Respectfully, Samuel L Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott H:\LEG-DIRLloseph\Ord-appr-OnacBdwk.doc 18 AGENDA MEMORANDUM February 22, 2005 AGENDA ITEM: An Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with Onac Developers Inc., owner and developer of The Boardwalk Unit 2 subdivision,site of the new southside elementary school for public street improvements on Boardwalk Avenue and Stonehenge Drive. an urban street abutting a dedicated public park, in accordance with the Platting Ordinance, notto exceed $106,031.12 for City's share of costs of the improvements; and declaring an emergency. ISSUE: The development and platting of The Boardwalk Unit 2 subdivision required the developer to construct Boardwalk Avenue and Stonehenge Ddve within the subject subdivision as part of the street network. Both roadways, Boardwalk Avenue and Stonehenge Drive abut dedicated parklands. The City, as specified in the Platting Ordinance, Section IV, Subsection G.2.j, may be required to participate in the cost of street construction. This Agreement subject to City Council approval will allow the developer to proceed with the construction of Boardwalk Avenue and Stonehenge Drive. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. A'I-I'ACHMENTS: Exhibit A. Exhibit B Exhibit C Exhibit D Exhibit E Background Information Area Map Location Map. Street Section Cost Estimates Participation Agreement B.~2'Holly, A.I.C.P. Director of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and the platting of The Boardwalk Unit 2 required the construction of Boardwalk Avenue and Stonehenge Drive as part of its street network. Typically, the platting process requires the developer to pay the total cost of public improvements associated with the development. In this particular case, both sections ol~ Boardwalk Avenue and Stonehenge Drive are abutting dedicated City parklands; therefore, the City, as specified in the Platting ordinance may participate in the cost of street construction. This Agreement will allow the developer to proceed with the construction of Boardwalk Avenue and Stonehenge Ddve. (See exhibits B and-C). The Participation Agreement states the City shall reimburse the Developer for the City's share of the cost of public improvements. The projected costs of the City's share [or the improvements are $106,031.12. (See Exhibit D for costs estimates). Stonehenge Drive is a Collector roadway per the Corpus Christi Urban Transportation Master Plan approved by Ordinance No. 025251. A public hearing for the extension of Stonehenge Drive across a portion of the Brockhampton Park was held August 25, 1998, (Resolution No. 023425). The developer is required to dedicate additional parkland equivalent to the area within Brockhampton Park absorbed by the extension of Stonehenge Drive. The City's reimbursement is payable upon completion and acceptance of the street construction work with the actual reimbursement is to be determined based on actual construction costs and is not to exceed $106,031.12. RECOMMENDATION: Staff recommends approval of Ordinance as presented. I Exhibit A I Page 1 of 1 Lipes Blvd. BASS AND WELSH ENGINEERING CORPUS CHR~ll. T~ JOB NO. 04102 SCALE: AS SHOWN PLOI SCALE: 1' = 20' PLOT DALE: 12/22/04 THE BOARDWALK UNIT 2 AREA MAP CORPUS CHRISTI, EXHIBIT B (4) ,c',,, I i~' il-J I ~= rim':.. '"'"' Ill~,,, ~ ' ~' I I r ~ III ~" ~ f~]J~ /II'Iii ~ I ~7 ~ ', / ~ ......... ~ ~__ ,,,, I ~ ~ ~: I~~ / .. // ,,~ I k ~' ~ ~ ~T~ . 2_~" ~ ¢, EXHIBIT FOR STRE~ / I,~ ~ REI~BURSEHENT AT PARK ~ i-: loo' PI.0T DAI~ 01/0~/05 SI-IE~'T 1 OF 1 EXHIBIT C PRELIMINARY COST ESTIMATE BOARDWALK UNIT 2 STREET REIMBURSEMENT AT PARK ITEM DESCRIPTION 1. 6" CURB & GU~I'ER 2. 4' CONRETE WALK 3. 2' HMAC 4. 8' CALICHE BASE 5. 8" LIME STABILIZED SUBGRADE 6. EXCAVATION 7. 5' CONCRETE VALLEY GU'~I'ER 8. TRAFFIC CONTROL DURING CONSTRUCTION 9. STORM WATER POLUTION PREVENTION QUANTITY UNIT UNIT PRICE AMOUNT 1164 LF 12.00 $ 13,968.00 4656 SF 3.25 15,132.00 2328 SY 7.90 18,391.20 2328 SY 7.80 18.158.40 2848 SY 5.50 15,664.00 2840 SY 3.00 8,520,00 20 LF 40.00 800.00 I LS 3,500.00 3,500.00 I LS 4,500,00 4,500.00 SUB-TOTAL CITY REIMBURSEMENT 98,633.60 71/=% ENGINEERING 7,397.52 TOTAL CITY REIMBURSEMENT $ 106,031.12 EXHIBIT D Page I o1:3 PARTICIPATION AGREEMENT THE STATE OF TEXAS COUN'I-YOFNUECES THIS AGREEMENT is entered into between the City of Corpus Chdsti (City), a Texas Home Rule Municipal Corporation, P. O. Box 9277, Corpus Chdsti, Nueces County, Texas and Onac, Development Inc., (Developer), P.O. Box 271201, Corpus Chdsti, Texas, 78427. WHEREAS, Developer is developing a subdivision known as The Boardwalk Unit 2, containing 17.695 acres of land with its general location as follows: west of the intersection o1: Brockhampton Street and Stonehenge Ddve, as shown on the attached Exhibit 1; WHEREAS, Developer has submitted a plat, in compliance with the provisions of the City Platting Ordinance, which shows a podion o1: Boardwalk Avenue and Stonehenge Ddve adjacent to Brockhampton Park; and WHEREAS, Boardwalk Avenue and Stonehenge Ddve to be constructed within the Boardwalk Unit 2 subdivision borders a City park and the City may bear its portion of the costs of development, according to the Platting Ordinance IV. G. 2. j.; NOW, THEREFORE, in order to provide a coordinated land development and street construction project, the City and Developer agree as follows: Developer will construct certain improvements for and on behalf of the City including pavement and sidewalks on Boardwalk Avenue and Stonehenge Ddve, which bounds a dedicated City park. The improvements are required to be constructed in accordance with the plans and specifications approved by the City Engineer. This Agreement will be null and void if it is determined by the City that the improvements are not constructed in accordance with the approved plans and specifications; the corrections will then be contracted for and financed completely by the Developer. For The Boardwalk Unit 2, the total estimated cost of the City's share of public street improvements, as depicted in Exhibit 2 is $106,031.12 The City shall reimburse the Developer I:or the City's share of the cost of public improvements [or this development in the following manner: a. Upon recordation of the final plat o1: The Boardwalk Unit 2, and final acceptance of public improvements by the City Engineer, the Developer will be paid for actual costs of the City's share, not to exceed $106,031.12 of the required public improvements no later than 60 calendar days from the date final acceptance by the City Engineer. EXHIBIT E Page 2 of 3 b. Developer must indemnify and hold harmless the City, its' agents, officers and employees (Indemnltees) from all suits, actions or claims and from all liability for any and all injuries or damages sustained by any person, including, without limitation, workers compensation, personal injury or death, arising from or incident to the construction of the improvements, regardless of cause or of any concurrent or contributing fault or negligence of Indemnitees, including Indemnitees' sole negligence. This Agreement becomes effective and binding upon and inures to the benefit of the parties hereto and their heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of ,2005. ATDEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary By: George K. Noe, City Manager Approved as to form only ~-,,~',._~ /}- 2005 By: Har~y/L. ~.,~,/ Joseph Assistant City Attorney For City Attorney STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2005, by George K. Noe, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Develo~ ~ By: Emilo Cano, Owner/Developer For Onac DevelopmenJ inc. Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged be[ore me on Cano as owner/developer. ~'~'-U~l ~'", 2005, by Emilo Notary Public, State o[ Texas AREA HAP l' = 1000' flAS$ NNO ~LSH £NGhN~£RINC CORPUS ~. ~ C~. ~. ~-~ ~ ~. ~]02 ~O~ ~: 1' ~ ~' PLOT ~T[: 12/22/O4 ~ 1 OF ~ THE BOARDWALK UNIT 2 AREA MAP CORPUS CHRISTI, TX EXHIBIT 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus ChdsLi'Ordinance 17112, as amended, requires all persons or firms seeking lo do business with Ihe City lo provide the following in[ormat~on. Eve~.~uestion ~us[ be answered. If the quesUon is nol applicatfle, answer with 'NA'. FIRM NAME:,,r) __ _~-'~'"'il~ C .1~¢...~'...~..~..~...'.1~.~..!¢',.~ .................................................................... STRE~:...C...~......~:r2Z..._~..Z .......................... c.~ ...... ~.c ........................... ,,P: .:../..¢...~.~.2' FIRM Is: 1. Corporation I~ 2. Partnership [] 3. Sole Owner CI 4. Association [3 5_ Other [] .............................................................................................................................................. DISCLOSURE QUESTIONS I! additional space is necessary, please use the reverse side of this page or attach separate sheeL 1. Slate the names of each "employee" of the City of Corpus ChrlsO having an "ownership Interest" consgtutJng 3% or more of Ihe ownership In Ihe at~ve named "firm". Name Job T'~e and City Deparlm~lt (if known) ' ................................ : ................................................................ 2. Slate the names o! each "omclal" o! Ihe City of Corpus ChrLsU having an "ownership Inleresl-" constltullng 3% or more of the ownership In ihe above named "firm". Name TiUe .................................. .......... ' ........................ 3. State the names of each "board member' of the City o! Corpus Chfisli having an "ownership interest' constituting 3% of 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 Chflstl who worked on any matter related to the subJecl of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant CERTIFICATE I certify that all iflformalion provided is. flue and correct as of the date of this slalement, that I have not knowingly w~thheld disclosure of any information requesled; and Ihal supplemenlal slalements will be promplly submitled to the City of Corpus Chrisii, Texas as char~qs occur. Cedifying Person: ....'.~.~/."~7.' ..... ~"'~.'~"~? ....... .;,.~.... Title:...~.~'~..~.,. ...................................... ~'ype or Pdnl) Signature of Certifying Person: ....~.~___~,~ ....... Dale:.. ~.~/.....~....,~ ................................. Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTICIPATION AGREEMENT WITH ONAC DEVELOPERS, INC., OWNER AND DEVELOPER OF THE BOARDWALK UNIT 2 SUBDIVISION, FOR PUBLIC STREET IMPROVEMENTS ON BOARDWALK AVENUE AND STONEHENGE DRIVE, URBAN STREETS ABUTTING A DEDICATED PUBLIC PARK, IN ACCORDANCE WITH THE PLATTING ORDINANCE, NOT TO EXCEED $106,031.12 FOR THE CITY'S SHARE OF COSTS OF THE IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the required funds having been appropriated, the City Manager, or his designee, is authorized to execute a participation agreement with ONAC DeveLopers, Inc., Developer, for the construction of public street improvements on Boardwalk Avenue and Stonehenge Drive, urban streets abutting a dedicated public park, in accordance with the platting ordinance, not to exceed $106,031.12 for the City's share of the costs of the improvements A copy of the agreement is on file with the City Secretary's office. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 22nd of February, 2005 ATTEST: THE CITY OFCORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Approved as to form /~4~ By: H n~ey ~''~ Joseph '~ Assistant City Attorney For City Attorney /~. 2005 Page 2 of 2 Corpus Christi, Texas day of ,2005. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charier rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr., Mayor Rex A. Kinnison Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Jesse Noyola Mark Scott 19 AGENDA MEMORANDUM February 22, 2005 AGENDA ITEM: Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Onac Developers, Inc., owner and developer of The Boardwalk Unit 2 subdivision located west of the intersection of Brockhampton Street and Stonehenge Ddve for the installation of 989 linear reek off-site, 12-inch PVC sanitary sewer collection line along the present and proposed wes[ward extension of Stonehenge Ddve serving the new southside elementary school, connecting to an existing sanitary sewer line on the west side right--of-way of Brockhampton Street; and Ordinance appropriating $61,184.70 from the Sanitary Sewer Collection Line Trust Fund No. 540450-4220 to pay Onac Developers, Inc., for the installation of 989 linear feet, off- site, 12-inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop the new southside elementary school within The Boardwalk Unil 2 subdivision; and declaring an emergency. ISSUE: Onac Developers, Inc., owner and developer of proposed The Boardwalk Unit 2 subdivision, will start the installation of 989 linear feet, offsite, 12-inch PVC sanitary sewer collection line along the present and proposed wes[ward extension of Stonehenge Ddve, connecting to the existing sanitary sewer line located on the right-of-way of Brockhampton Street, once the City Council approves the Sanitary Sewer Construction and Reimbursement Agreement and funds to pay for said installation are encumbered [rom the Sanitary Sewer Collection Line Trust Fund in compliance with Ordinance No.025424. RECOMMENDATION: Staff recommends approval o[ the motion and ordinance as presented. ATrACHMENTS: Exhibit A. Exhibit B Exhibit B-1 Exhibit C Exhibit D Exhibit E B.A. Holly, A~I P Director of Development Services Background Information Area Map Location Map - 12" Sanitary Sewer Main Cost Estimate Calculations Application for Sewer Line Reimbursement Sanitary Sewer Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROU ND: The development and plat'ring of The Boardwalk Unit 2 Subdivision located west of Brockhampton Street south of Timbergate Ddve (see Exhibit B) required the o[f-site extension of a 12-inch PVC sanitary sewer collection line along the present and proposed wes[ward extension of Stonehenge Ddve, connecting to an existing sanitary sewer line on Brockhampton Street. The offsite, 12-inch sanitary sewer collection line as proposed, will be of sufficient depth and slope to serve the new southside elementary school development within The Boardwalk Unit 2 subdivision. The o[fsite, 12-inch sanitary sewer collection line is reimbursable according to the Platting Ordinance Sections V.B.6.f) (2), V.B.6.f) (2) (I), V.B.6.f) (2) (11). Following is a detail description of proposed 12-inch PVC sanitary sewer collection line extension and reimbursement calculations. The developer will be constructing 989 linear feet, off-site, of 12-inch PVC sanitary sewer collection main between the existing manhole at Brockhampton Street north of Stonehenge and the east limits of The Boardwalk Unit 2 subdivision (see Exhibit B-l) In accordance with the reimbursement cdteda in the Platting Ordinance, the 17.695-acre development o[ The Boardwalk Unit 2 subdivision is eligible for a maximum reimbursement equivalent to 50 percent of the mathematical product obtained by multiplying the offsite pipe diameter in inches by the fee value of the property. The Sanitary Sewer Acreage Distribution Fee Value is $21,393.25 (17.695 acres x $1,209.00/per acre), and the o[fsite pipe diameter in inches is 12. Therelore, maximum reimbursement is, (12X$21,393.25) X_50 =$128,359.50. The developer has submitted construction costs for the installation ol~ 989 linear feet, offsite, 12-inch PVC sanitary sewer collection line with a total cost of $ 61,184.70, this amount is less than maximum reimbursement amount permitted by Platting Ordinance. See Exhibit C for calculation details. The developer's reimbursement, therefore is, the total estimated cost of or $61,184.70. Reimbursement would be payable upon completion and acceptance of the sanitary sewer colleclJon line work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $61,184.70. RECOMMENDATION: presented. Staff recommends approval of the motion and ordinance as IExhibit A I Page 1 of 1 Lipes Blvd. AREA HAP 1000' CORPUS CHRISTI, TX COMP. ND [XB-A,MAI~ JOt3 NO. 04102 SCALE: AS SHO~N PLO1 SCALE: 1' = PLOI DATE: 12/22/O4 THE BOARDWALK UNIT 2 AREA MAP CORPUS CHRISTI, TX EXHIBIT B I'- (THE "SITE" BOARDWALK uNrr 2) · 1~'' PVC 5'~ PVC SS LOCATION MAP (:OI~PUS CHRISTI. TX THE BOARDWALK UNIT 2 12" GRAVITY SANITARY SEWER COLLECTION MAIN REIMBURSEMENT CORPUS CHRISTI. TX FYUIRIT R=I Mark S m0n ....: °4102-PcE~Ss.xls ~Page 11 ITEM~ DESCRIPTION OFFSITE SANITARY SEWER CONSTRUCTION 1. 2. 3. QUANTITY UNIT UNIT PRICE AMOUNT 12" PVC PIPE 989 LF $ 40.00 FIBERGLASS MANHOLE 3 EA 3,300.00 PAVEMENT PATCHING I LS 3,500.00 TRENCH SAFETY FOR SANITARY SEWER EXCAVATION 989 LF $ 4.00 SUB-TOTAL OFFSITE SANITARY SEWER OONSTRUCTION 7.5 % ENGINEERING / TOTAL OFFSITE SAI~ITARY SEWER $ 39,560.00 $ 9,900.00 $ 3,500.00 3,956.00 $ 56,916.00 $ 4,268.70 $ 61,184.70 EXHIBIT C APPLICATION FOR SEWERLINE REIMBURSEMENT I,, ,t~,,4,/f Y. ". (~j~ ~ ,,.J (~)/P/~ C? , owner and developer of proposed ~ t~ - .~ o~t~ ff ~,~tl ~ Subd'i'vlsion, hereby request reimbursement of $~/~ /~t'. 70 for the installation of the sanitary sewer (trunk line) (collection line) in conjunction with Subdivision, as provided for by City Ordinance No. 17396. Said $ ~],,~-. ~'t"3 is the construction cost, including 7.5% Engineenng, in excess of the lot/acreage fee, as shgv,'rrb-~ the cost supporting documents attached herewith. ~(/~ ~'~/, "Z"/'~/~, C (Developer) (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was ackuowledged before me on ,a Texas Corporation, on behalf of said corporation. ~9. z~s Notary Public in and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (~._.2~ &2~c) (Collection Line) Trust Fund, and (b) appropriation and approval by the City Council. / f (Date) / (City Engineer) EXHIBIT D SANITARY SEWER COLLECTION LiNE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ("Agreement.") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Chdsti, Texas, 78469- 9277, and Onac Development Inc., ("Developer"), P.O. Box 271201, Corpus Christi, Texas 78427. WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approximately 17.695 acres called The Boardwalk Unit 2 located in the general vicinity of south of Timbergate Drive and west of Brockhampton Street, as shown on the attached Exhibit 1. WHEREAS, the City's Platting requirements requires the construction of a Sanitary Sewer Collection Line Extension in order for the development to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the off-site podion of the construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is to the best interest of the City and the Developer for the off-site Sanitary Sewer Collection Line Extension be constructed. NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Sanitary Sewer Collection Line Extension needed for the development in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. EXHIBIT E 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the o[fsite Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design: (1) OFFSITE SANITARY SEWER COLLECTION LINE (a) Install approximately 989 feet of 12 inch PVC pipe. (b) Install three (3) fiberglass Manholes (c) Crushed stone embedment for pipe. (c) Pavement patching. (d) Excavation. b Before the Developer starts construction the plans and specification for the Sanitary Sewer Collection Line must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Pdor to construction of the sanitary sewer trunk Sanitary Sewer Collection Line, Developer shall acquire and dedicate to the City the any required additional street right- of-way or utility easements. 4. PLA'FFING FEES. Developer shall pay to the City o1" Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the Sanitary Sower Collection Line, under the approved plans and specifications, by February 28, 2006 6_ REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed $61,184.70 of the off-site Sanitary Sewer Collection Line cost within 30 days upon invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specification and supervision of the construction o1: the Sanitary Sewer Page 2 o1:4 Coflection Line by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction o[ the Sanitary Sewer Collection Line. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("lndemnitees") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this Sanitary Sewer Collection Line construction. 8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part ot this Agreement, the Disclosure of Ownership interests form attached as Exhibit 3. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this I~f'l~ day of 1~l , 2005. DEVELOPER: ~ Emilo Cano, Ow-~h'-~/Developer For Onac Development Inc. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Emilo Cano, as owner/developer. Notary Public, State o[ Texas Page 3 of 4 A'I-I'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: George K. Noe City Manager Approved as to form only /~'~ ! 7' ,2005 Joseph~arney~~-- Assistant City A~tomey For City A~tomey THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2005, by George K. Noe, City Manager, City o[ Corpus Christi, Texas, a Texas home-rule municipal corporation, on behaff of the corporation. Notary Public, State of Texas Page 4 ol~ 4 AREA HAP 1' = 1000' JOB ~. 04~02 PLO1 ~T[: 12/22/04 THE BOARDWALK UNIT 2 AREA MAP CORPUS CHRIS'r1, TX EXHIBIT 1 L 'SITE" (THE BOARDWALK UNIT 2) '~ ~ '~ XPRI3~. P~K PVC SS LOCATION MAP AND WELSH ENGINEERING THE BOARDWALK UNfr 2 12" GRAVITY SANITARY SEWER FCTION MAIN REIMBURSEMENT CORPUS CHRISTI. TX I~iXHIBIT 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi'Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following~,,~formaLion. Eve~,~uestion ?usl be answered. If the queslion Is not applicable, a~swer with 'NA'. FIRM "AM E~,~......~.~ ~..~,,, ........ i~.1~'..~..~...~.. ~]# ~. ~'.~ ............................................................................................ S~RE~: ...~.....~'2/...~..]. .......................... cr~: ...... ...C...~ ............................ z,.: ....?.&..~.~_? FIRM Is: 1. Corporation [~' 2. Padnership [] 3. Sole Owner [] 4. AssociaLion [] 5. OUter [] ......................................................................................................... ; ................................ DISCLOSURE QUESTIONS II additional space is necessary, please use the reverse side of this page or attach separate shee{_ 1. State the names of each "employee" o! the City of Corpus Christi having an "ownership Inter.st" constituting 3% or more of the ownership In the above named "firm". Name Job ~Ue and City Deparlment (if know~) .............. , 2. State the names of each "official" ot the City of Corpus Chrlsll having an "ownership Interest" constituting 3% or more of the ownership In file above named "firm". Name TiUe .................................. ....... .......... 3 S~3te Ihe names o! each "board member' of the City of Corpus Chrisl~ having an 'ownership Interest' constituting 3% o~ more of (he ownership in the above named 'Rrm': Name Board, Commission or Committee State the names ol each employee or officer of a "consullant" for the City of Corpus Christi who worked on any matter related to Ihe subJecl ol~ this contract and has an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant ....................................... ...... ...................................................................................... CERTIFICATE I certify that all information provided is. b~Je and correct as oI the dale of this slalemenl, that I have no! knowingly withheld disclosure of any information requesled; and Ihal supplemental staIemenls will be promp(ly submitted ~o Ihe City of Signature o[ Certifying Person: ...............~_....~.__,~-~. ........ Dale: ....~.~.~....,...:~ ................................ EXHIBIT 3 AN ORDINANCE APPROPRIATING $61,184.70 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220-540450 TO PAY ONAC DEVELOPERS INC., FOR THE INSTALLATION OF 989 LINEAR FEET OFFSITE 12-INCH PVC SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT, TO DEVELOP THE BOARDWALK UNIT 2 SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $61,184 70 from the Sanitary Sewer Collection Line Trust Fund No. 4220-540450 is appropriated to pay ONAC Developers Inc.'s reimbursement request for the installation of 989 linear feet offsite 12-inch PVC sanitary sewer collection line to develop The Boardwalk Unit 2 subdivision, as specified in the Sanitary Sewer Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for lhe efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 22nd day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED F'¢""-"O j L ,2005. By: Joseph a~mey~~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor Ord-appr-OnacBdwlk-ss Corpus Christi, Texas day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requirin9 suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Ord-appr-OnacBdwlk-ss 20 CITY COUNCIL AGENDA MEMORANDUM February 22, 2005 AGENDA ITEM: Ordinance abandoning and vacating a 2,637.50-square foot portion of a 15-foot wide utility easement in Lot 12, Sec. 28, Flour Bluff & Encinal Farm & Garden Tract (Lot 2, Block 1, Bridgepoint Landing), located east of Lexington Road, south of SH 358; requiring the owner to comply with the specified conditions; and declaring an emergency. ISSUE: The reason for the closure of the utility easement is so that Roy's Bait and Tackle may construct and extend his existing building over the easement and accommodate the growing need of his sport fishing business. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval [rom Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. B.A. Holly, AICP Director of Development Services Attachments: Exhibil A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Urban Engineering, on behalf of the owner of Roy's Bait and Tackle is requesting the abandonment and vacation o[ a 2,637.50-square foot portion of a 15-foot wide utility easement in Lot 12, Sec. 28, Flour Bluff & Encinal Farm & Garden Tract (Lot 2, Block 1, Bridgepoint Landing), to accommodate the future expansion of his existing building that will cover all or portions of the existing utility easement. The easement to be abandoned and vacated is located in a "B-4" General Business District. All public and franchised utilities were contacted. None of the city departments and franchised utility companies have facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of $ 4.750.00 for the abandonment and vacation of a 2,637.50-square foot-square foot portion of the 15-foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A FROM: B.A. Holly, AICP, Director of Development Services DATE: February 15, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: February 22, 2005 ORDINANCE CAPTION: Ordinance abandoning and vacaLing a 2,637.50-square I~oot portion of a 154oot wide utility easement in Lot 12, Sec. 28, Flour Bluff & Encinal Farm & Garden Tract (Lot 2, Block 1, Bddgepoint Landing), located east of Lexington Road, south of SH 358; requiring the owner to complywith the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Page 41-43, of the Map Records of Nueces Counly, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: That the Owner pay the fair market value of $ 4,750.00 for the abandonment and vacation of the total 2,637.50-square foot podJon of the 15-foot w~de utilily easement. 2) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. REQUESTED BY: B.A. Holly, AIC~, Director of Development Services DATE: o%'~ APPROVED: DATE: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 2,637.50-SQUARE FOOT PORTION OF A 15.-FOOT WIDE UTILITY EASEMENT IN LOT 12, SEC. 28, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS (LOT 2, BLOCK 1 BRIDGEPOINT LANDING), LOCATED EAST OF LEXINGTON ROAD AND SOUTH OF SH 358; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 2,637.50-square foot podion of a 15-foot wide utility easement in Lot 12, Sec. 28, Flour Bluff & Encinal Farm & Garden Tracts (Lot 2, Block 1, Bndgepoint Landing, located east of Lexington Road and south of SH 358, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 2,637.50-square foot portion ota 15-foot wide utility easement in Lot 12, Sec. 28, Flour Bluff & Encinal Farm & Garden Tracts (Lot 2 Block 1 Bridgepoint Landing), as recorded in Volume A, Pages 4%43, Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That the Owner pay the fair market value of $4750.00 for the abandonment and vacation of the total 2,637.50 square foot portion of the 15 foot wide utility easement. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas~ Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. H:\LEG-DIRLloseph\ORD-BdgPnt-av.doc SECTION 2. That upon wdtten request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 22nd day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved By: Joseph H r~ney J/~ Assistant City Attorney For City Attorney H:\LEG-DlR~Joseph\ORD-BdgPnt-av.doc Corpus Chdsti, Texas day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff[ H:~EG-DIR~Joseph\ORD-B dgPnt-av doc ~oxh~ SOZYBfi~N3dS : SDX~ '~uno,~ £a3arlN .jo £pJO3aov dot~! '£#- U~ 'SSd V 7o/1 ~pO~l uap~o9 puo uJi~] io~ou:, puo ]inlt~ Jnold ~ ~qq~a$ 'l l ~o7 soxoj '/~uno3 £aoanN jo spJO3acy doll '£P-lP 'sb8 ¥ 7o/ si~oJJ uapJo9 puo u. uo~ IOUpU3 puo 7}nl8 inold ~ uo!t~a5 '~ -~- X I.IJ 21 CITY COUNCIL AGENDA MEMORANDUM City Council Ac'don Date: February 22, 2005 AGENDA ITEM: Waiving the 60-day waiting pedod and publication of legal notice; renaming the park at 14125 Jacidish Ave. from Seagull Park to UIIberg Park.; and providing for s~sveraflca. ISSUE: The City has established a formal policy for naming parks and recreation facilities. The City has received a renaming request from the Park and Recreation Advisory Committee for Seagull Park located at 14125 Jackfish Ave. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Committee voted unanimously at their February 9, 2005 special called meeting to recommend that the City Council consider waiving the 60-day waiting padod and the newspaper publication for this renaming request related to Seagull Park. The Committee is also asking the City Council to approve the requested renaming of the park es UIIberg Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities and that process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Seagull Park as UIIberg Park be approved and the waivers granted as requested~ Map Copy - Request for Naming of Parks and Facilities Letter from Kent Ullberg Copy - Council Policy Information BACKGROUNDINFORMA~ON Seagull Park is located in the first section of Padre Island just down Eom the Whataburger on Jackfish Avenue. City Council authorized the City Manager or his desigr~c to execute the documents to e,cc~pt the 'Journey's End' sculpture Eom Kent UIIberg at their November 9, 2004 meeting. A park improvement plan was presented at the same meeting which included a walking trail, flees, benches, and landscaping. Beautify Corpus Christi Association will manage the funds for the Seagull Park improvement plan. While Kent UIIberg generously provided the bronze sculpture of Kemp Ridley sea tts'tles at cost to the community group that is working with Beautify Corpus Christi on the park improvement plan, the community group was unable to raise the final $2,500 to fund this In January 2005, City Council approved the gifting of $2,500 toward the UIIberg sculpture upon the Arts and Cullural Commission's recommendation. A similar ordinance and waiver was approved by the City Council, requested by the Park and Recreation Advisory Committee, in February 2002 in the renaming of Gypsy Park as Don and Sandy Billish Park. Similarly, in December of 2003, Meedowbrook Park was renamed Dan Whitworth Park. Kent UIIberg has authorized the City of Corpus Christi to use his name to rename Seagull Park. ATTACHMENT REQUEST FOR THE NAMING OF PARKS AND FACII.1TIES PARK AND RECREATION DEPARTMENT CITY OF CORPUS CI-{RISTI, TEXAS Type of area or facility (park, building, pool, etc.) ~"~, ~ Suggested Name (9 I1 b ~- ,- ~. ~-~ ~ ~' k Please describe why you feel this Dame to be appropriate: Address Phone Name and address of person making request: Do you repr~ent an organi?ation with re.~cct to this request? Date of thi~ r6quest ~ - / 5-- O '/ FOR OFFICE USE ONLY: T~hlr, d Nofi~ to At,t~,ori~o Counfil,-e. mber KENT ULLBERG Occobe, r 13, 2004 Hr, Carl Suding cio P,I.C.C. 14353 Commodore Drive Carpue Christi. TX 78&18 r/~(; 361/949=8059 I hereby authorize che CiCy of Corpus Christi the use of my ~0 rename SeaEul! Park, situated ou Jackfish S~reez on Padre to "Ullberg Park'~ mhould you so decide. Sincerely, CITY OF CORPUS CHRISTI PARK AND RECREATION DEPARTMENT PARK A_ND RECREATION DEPARTMENT POLICY/PROCEDURE NUMBER Rec-95 - 12 _) SUBJECT: Criteria for Naming Park and Recreation Facilities APPLICABLE TO: All Park and Recreation Facilities administered by the City of Corpua Christi EFFECTIVE DATE: I. PURPOSE To estabhsh the format and criteria for naming facilities which are under the jurisdiction of the Park and Recreation Department and are consistent with City Resolutions 18545 and 19938. H. SCOPE TI~ pohcy applies to facilities situated on City owned or adminintered property. It is undeamood that due to the diversity of City operations, varying factors may apply to epocific facilities. Baaed on this, the following CLASSIFICATIONS section provides a breakdown by CLASS of the variables to be considered in naming facilities. CLASSIFICATION CLASS A: Facilities built and operated by the City. CLASS B: Facilifie.q built and operated by independent organiTafions. Naming of facilities in this category will be ~ubmitted by the current year Organi?~tlon President with approval by the Board of Directors of the respective organization CLASS C: Facilities built and operated by independent organizations on City owned or administered properties. The naming is the sole respomibility of the orgagization. IV. NAMING PROCEDURE Where the naming of a Cla~ A or B park or park facility i~ proposed, the following steps shall be taken; as per city Resolution and departmental policy Persons, groups, or organizations proposing naming of Park and Recreation facilities shall fill out a Naming Facilities Form and submit the request to the staff of the Parle and Recreation Department for review and consultation with the requesting entity. Naming request shall be submitted to the Park and Recreation Committee.~l~ction may be taken~b~L-~mrm~ff~e~or a minimum of 60 days at~er receipt of the proposal. During the 60-day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed imming. In addition, a sign noting that a name change request is being considered along with the Park and Recreation Depafanent telephone number will be posted at the park. Written comments or historical data are to be submitted to the Park and Recreation Committee and interested individuals are invited to come before the Committee to address the issue. At the first meeting after the 60-day waiting period, the Park and Recreation Committee will take one of the following actions: a_ Approve the request; b. Reject the request; or c. Table the request for future action or additional information_ In the event the request is rejected by the Committee, the requesting entity may appeal the rejection to the City Council. The Council shall considor the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided in commemorating or memorializing an individual or act. Costs associated with naming co'emodies and the provision of marker, plaques, or memorials shall be borne by the entity proposing the name. Dan Whitworth, Director Park and Recreation Deptutment ADOPTED: December6, 1995 REVISED: September 11, 2002 AN ORDINANCE WAIVING THE 60-DAY WAITING PERIOD AND PUBLICATION OF LEGAL NOTICE; RENAMING THE PARK AT 14125 JACKFISH AVE. FROM SEAGULL PARK TO ULLBERG PARK; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to Policy No. 6 of Council Policies, Resolution No. 21901, adopted March 22, 1994, upon unanimous recommendation of the Park and Recreation Advisory Committee, the City Council waives the 60-day waiting pedod and publication of legal notice. SECTION 2. The name of the park at 14125 Jackfish Ave., currently known as Seagull Park, is hereby renamed UIIberg Park. SECTION 3. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. H:~-EG-DIR~Jeannie~Doyle\Ordlnances\021405DC.rename Seagull.As UIIberg Park.cioc The foregoing ordinance was read for the first time and passed to its second reading on the day of February, 2005, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on the day of February, 2005, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott APPROVED AND PASSED on the A'I-rEST: day of February, 2005. CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM on the urtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney F/ day of February, 2005. H:~LEG-DIR~Jeannie~h:)yle\Ordinances~21405DC rename.Seagull As Ullberg.Park.doc 22 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: February 22, 2005 A Public Headng to consider an ordinance amending Ordinance 4168, The Platting Ordinance of the City of Corpus Christi, by redesignating Section III.B.1 .d as Section III.B.l.e and by adding a new Section III.B.1 .d regarding submission of electronic data for final, approved plats for incorporation in the City's Geographic Information System; providing for severance; providing for penalties; and providing for publication. An ordinance amending Ordinance 4168, The Platting Ordinance of the City of Corpus Christi, by redesignating Section III.B.1 .d as Section III.B.1 .e and by adding a new Section III.B.1 .d regarding submission of electronic data for final approved plats I~or incorporation in the City's Geographic Infon-nation System; providing for severance, providing for penalties; and providing for publication. An ordinance amending Chapter 14, Development Services, Code of Ordinances, City of Corpus Christi, relating to submission of digital data for the City's Geographic Information System; providing for penalties; providing for severance; and providing for publication. ISSUE: The City committed to streamlining the development process by creating partnerships with the development community. A significant aspect of that partnership is the ability to share digital data with the developers and their consultants on request. Currently, the city receives paper copies of plats and construction for projects throughout the city City staff then converts that data into "GIS ready" digitally formatted copies which are then ovedaid onto the base map. However, besides duplicating work already prepared by the pdvate sector, there are significant chances for error in the conversion. Additionally, there is a need for additional City staff trained to process this type of conversion. This change to the platting ordinance will require the consultants to provide digital copies of final plats ready for recordation; record drawings I~or city utility projects; and Storm Water Quality Management Plans. This new requirement will reduce errors in conversion and also allow for faster access to files by city staff and the development community. This change should not increase the development community's costs. Staff feels this change to the pla~ng ordinance will accomplish several key factors including increased accuracy and quality of spatial information, a streamlined and modemized means of plat submittal, and finally a complete integration of final plat and final construction drawings into the GIS system. REQUIRED COUNCIL ACTION: Recommend approval of the ordinance change. City Council action is required when amending the Code of Ordinances and text amendments to the Platting Ordinance. PREVIOUS COUNCIL ACTION: None PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission recommended approval of these amendments to Chapter 14 of the Code of Ordinances and the text amendments to the Platting Ordinance on 4/21/04 during a Public Headng FUNDING: N/A RECOMMENDATION: Approval of the ordinances as submitted. B. A_ Ho~ly)AICP Director ~f Development Services BACKGROUND INFORMATION February 22,2005 Over the past [wo and one haft years, the City has been conveding its digital map and development data to be compatible with mainstream software packages used within the development community. The resulting Geographic Information System (GIS) base map includes a wealth of information such as new subdivisions, replats, utility easements, right of way information, flood zones, streets, schools, area development plans, census boundaries, and water, gas, storm waster, and wastewater lines and information. The City now has the opportunity to share this digital data with the development community and the public Logically, the next evolution in the digital process is for the City to require the development community to submit development data in similarly compatible digital formats in compliance with digital standards developed. As with any change in standards or requirements, the resulting impact or cost is always a critical factor. As such, staff has met with some of the area's development community including surveyors and engineers, to address their concerns and to develop a plan that is cost effective and efficient for all involved. The resulting agreement, as shown in the ordinance as presented, between the city and the consultants will not require substantive changes to the data typically created in the process of development. Rather, only the means of submission, whether in electronic format or in hard copy, will be amended. To further assist the development community and ultimately the consumer, the submission of electronic data will be voluntary for the first 6 months after the adoption of the ordinance and will become mandatory thereafter_ As companies become familiar with what is required; submittal of digital data will become ordinary and routine. Staff feels that not only will the ordinance amendment eliminate costly errors in data conversion, but it will present a cost effectJve way for the city to provide information to the general public and the development community. The ordinance as presented represents a consensus among the development community and City staff. AN ORDINANCE AMENDING ORDINANCE 4168, THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI, BY REDESIGNATING SECTION IIl. B.l.d AS SECTION IIl.B.l.e AND BY ADDING A NEW SECTION IIl. B.l.d REGARDING SUBMISSION OF ELECTRONIC DATA FOR FINAL APPROVED PLATS FOR INCORPORATION IN THE CITY'S GEOGRAPHIC INFORMATION SYSTEM; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Platting Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 21, 2004, during a meeting of the Planning Commission, and on Tuesday, February 22, 2005, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the C~/of Corpus Christi, 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 public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance 4168, as previously amended, the Platting Ordinance of the City of Corpus Christi, Texas, is amended by redesignating Section III.B.1 .d) as Section III.B.1 .e) and by adding a new Section III.B.1 .d) to read as follows: SECTIONIII-PROCEDURE B. GENERAL PROCEDURE. Each application for final plat approval shall be processed according to the following procedure, but no plat shall be processed which attempts to amend or remove any covenants or restrictions of the preceding plat until such preceding plat, or portion of such preceding plat has been vacated or amended by replat. Upon receipt of a completed application form. by the Dl~nnin~ Department of Development Services, will issue a determination shall bo made as to whether the plat is a Type I, Type II, or Type III, submission defined as follows: H:~LEG~)IR~ ha red~JOSEPH\Ord-DigSubPlaLdoc 2 d) Applications for final plats for recordation must be accompanied by the submission of a diqital data submittal, as required by Article Xl, Chapter 14 of the Code of Ordinances, that will allow the plat, and related public infrastructure improvements, to be entered into the City's Geoqraphic Information System. Administrative Approval: Administrative approval is authorized fora plats_ depicting either a Type I, II, or III subdivision involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. Type I, II, or III plat submitted for administrative approval shall be designated Type IA, IIA, or IliA, respectively. The Director of P!3~,q!.q.gE)evelopment Services, or designee, is hereby delegated the authority to approve such minor plats subject to the same procedures, notice and hearing requirements, and regulations applicable to Type I, II, or III plats. SECTION 2. That Ordinance 4168, the Platting Ordinance of the City of Corpus Christi1 Texas, approved on the 23rd day of March, 1955, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section Xl of the Platting Ordinance of the City of Corpus Christi. SECTION 5. 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. Ord-DigSubPla[ Revised 3 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the A'I-FEST: ,2005 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott __ day of ,2005. Armando Chapa City Secretary APPROVED: ,~/-,--. Joseph H~arne/y'/~ ~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor ,2005: Ord-DigSubPlat Revised AN ORDINANCE AMENDING CHAPTER 14, DEVELOPMENT SERVICES, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, RELATING TO SUBMISSION OF DIGITAL DATA FOR THE CITY'S GEOGRAPHIC INFORMATION SYSTEM; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;AND PROVlDING FORPUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article XI, Chapter 14, Code of Ordinances is revised to read as follows: "ARTICLE XI. CITY GEOGRAPHIC INFORMATION SYSTEM "Sec. 14-1100. Technical procedures for submission of digital data for Geo.qraphic Information Svstem. This article defines standards and procedures for diqital submittal of preliminary and final plats for recordation and final construction and record drawincis for City construction, stroot, and utility projects, and public improvements constructed as a part of plattinf:l. "Sec. 14-1101. Purpose of Geographic information System. The City's Geoqraphic Information System (GIS) has been established to: "(1) Inteqrate subdivision plats to be recorded, and final development/ construction (record) drawinqs into a comprehensive GIS for the City. "(2) Streamline and modernize the means by which development proposals are evaluated, modified, and approved by local officials "(3) Increase the accuracy and quality of spatial information available to planners, developers, enclineers, and the public. "Sec. 14-1102. Definitions. As used in this article, the followinq words and terms have the followinq meaninqs, unless the context clearly indicates otherwise: Attribute means a field in a feature class table containinq information about the qeoqraphic object. For example, an attribute for a parcel is the parcel's Tax ID. The Tax ID attribute holds the Tax ID information. An Owner attribute would hold information about the owner. Feature means an individual qeoqraphic feature record in the database, such as a sinqle parcel, single street, sinqle easement, etc. Feature class means a collection of features of a specific type. For example the parcel feature class is a spatially enabled database table that contains all the parcel records and their attributes. H:~_EG-DIR~S hared~JOSEPH\Ord-D~gS ubCh 14 doc 2 Grid coordinates means coordinates of a qrid coordinate svstem to which numbers and letters are assiqned for use in desiqnatinq a point of a qridded map, photoqraph, or chart. Plat forrecordinq means the final plat approved by the Director of Development Services or desiqnee to be recorded in the Nueces County Map Records. Populate means enterinq the data into a predefined set of attributes for each feature class in the database that have been desiqnated bv the City. When new data is created, each new feature will have an empty set of related attributes. Some of these attributes may remain empty if there is no information to fill in each attribute. However, some of the attributes will be filled in. The fillinq in of these attributes is also termed "populatin¢l" the attribute information. Record drawinq means the final drawinqs that qraphically describe the final conditions of construction that includes dimensional control Iocatinq all construction components and improvements. Spatially enabled means that each record has a qeoqraphic component and can be plotted on the map. Surface coordinates means coordinates of a grid system where the Ionqitude is a measure of the anqle between two planes measured in in deqrees, qrads, radians, minutes of arc, seconds of arc, and other units of anqular measure. "Sec. 14-1103. Relationship to other submittal requirements. The technical standards and procedure in this article are in addition to and do not supplant an,/other requirements imposed by the Code of Ordinances, Plattinq Ordinance. Zonincl Ordinance. Technical Construction Cedes, rules, reeulafions, construction or utility standards or specifications, or contracts issued by the City. "Sec. 14-1104. Spatial Reference System. "(a) Plats and censtruction drawinqsDocuments subject to this ordinance must tie to the NGS and/or a minimum of 2 (two/points that are part of the City's established horizontal Control Network. must bo based on the 1983 North American Datum, 1983 Adiustment, Toxas State Piano Coordinate Systcm Zone 4205. "(b) Horizontal positions must be expressed in US Survey feet. "(c) Exceptions to the coordinate basis may be qranted b,/the Director of Enqineerinq Services for construction plans that portray locations outside the limits of Zone 4205. "(d) Elevations must be expressed relative to NGVD 1988, the National Geodetic Vedical Datum of 1988, which is the datum used in all official elevation records for the Comus Christi area. Chaplet 14 Digital Submitlals revised 3 "(o) All plats and construction drawinqs must include documentation of relative and absolute accuracy. "(f') All plats and subdivisions must close at or better than 1:10,000. "Sec. 14-1105. Geodetic Control. As a condition of approval, all final plats and final construction (record) drawinqs must tie to the NGS and/or a minimum of 2 (two) points that are part of the City's established horizontal Control Network. All submittals must conform to these datum criteria. "Sec. 14-1106. Topolo~lical Inte~lritv. Ac a condition of approval, all plats and construction drawinqs Documents subject to this ordinance must be topoloqicallv correct. This requirement includes, but is not limited to, the followinq: "(1) All polyqons must close without overlaps. "(2) All linear features must be snapped at their endpoints. "(3) All point features that participate in networks must be snapped to the linear networks. "Sec. 14-1107. Re(luired content. "(a) The digital submittal must include only those types of features that are built, or will be built, as part of the development or proicct reprosontod by the drawinqs, The submittal must include only those map features that are included in the City's GIS. Thc map featurcs must be separated into classes identical to the feature clascos listcd in thc City's GIS procedures manual. The features must bc populatod with all thc fiolds listed in the City's GIS policy ctatomont Attribute data will be populated as follows: "(1) For plats, populate attributes as indicatcd in the diqital GIS foatures and attributes section of the City's GIS proooduros manual. "(2) For construction drawinqc and "as builts," populate attributes aocordinq to contract specifications or, if contract spocifications do not address the GIS compatiblo submittal, populate drawinqs accordinq to the plat requircmcnts indicated in tho (;IS features and attributos section of the City's GIS proceduros "(b) Submittors are not required to research and populate attributo data on any existinq base map features or infrastructure that are not part of the development or proiect represented by the submittod drawinqs. "(c) The GIS features and attributes section of the City's GIS procodures manual contains a complete list of the City's GIS features and attribute fields. Chapter 14 Digital Subtotals revised 4 "Sec. 14-1108. Required medium and labeling. "(a) All diqital data must be submit-ted on a compact disc (CD). "(b) Each compact disc must be labeled with the followinq information: "(1) For plat: "a. The plat numbor assiqned by the Nuecas County Appraisal District. "b. The name of the subdivision. "(2) For construction (record) record drawinqs: "a. The Citv project number, contract number, or "b. The City project name for city contracts. "c. The subdivision name for public improvements constructed as a requirement of plattinf:l. "(c) All compact disc must be submitted with a document that contains: "(1) Name and telephone number of the entity that submitted the disc. "(2) Name and telephone number of contact person for the consultant for technical questions about the diqital file. "Sec. 14-1109, File Format. All diqital submissions must be in one of the followinq electronic file formats: "(1) ESRI GeoDatabase (personal GeoDatabase). "(2) ESRI Shape File. "(3) Autocad DWG or DXF formats for plats to be recorded and record drawinqs. "(4) As an option, in lieu of paper copies for review and commont,Plats and plans for public improvements submitted for review and comment mav be submitted in PDF format at the option oi: the submitter. The submission shall be aP~F4i~ accompanied bv one (1) paper copy.for review and comment. "Sec. 14-1110. Submittal procedures. "(a) Pdor to submittincl diqital data for inclusion in the City's GIS, the cubmitter must obtain a current copy of the City's GeoDatabaco (GIS database) from either the City's GIS Office or the Dovolopment Center. Chapler 14 Digital Sub~nittals revised "(b) The submitter must prepare a plat or construction drawinq compatible with the standards described in this article. "(1) If a submitter discovers any errors in the City's data, the submitter must notify the City's GIS Office and, if the City modifies its data, the submitter may then obtain a copy of the revised GeoDatabase. "(2) Submittorc are responsible for ensurinq that submittals are spatially and topoloqicallv consistent with the City's NGS. "(c) Plats. "(1) immediately prior to the filinq Upon submission of a final plat for recordation, a developer shall submit the final plat on a CD to the Department of Development Services. "(2) Within five workinq days followinq approval of a preliminary plat by the Planninq Commission, the developer shall submit the preliminary plat on a CD to a City Planner. "(d) Final Construction record drawinqs. Prior to submission of the final invoice on a City construction contract or the 44~4~%-enqineers certificate of completion for certification of required public infrastructure, the contractor or developer shall submit the required record drawinqs on a CD to the Department of Development Services "Sec. 14-1111. Review procedures. "(a) Review procedures for plats. "(1) The Department of Development Services will perform a preliminary review of diqital plat files at the time of submittal to ensure that they open and forward acceptable files to tho City GIS Office. "(2) The GIS Office will review prelimina~ plat diqital files and post compliant files on a preliminary layer of the City's GIS. "(3) The GIS Office in the Department of Municipal Information Systems will review the cadastral data submitted for a final plat, and if the data is compliant, will post it to the City's base map within 60 calendar davs. "(4) GIS Specialists from the City's utility departments will review and post compliant utility data. "(5) City GIS staff will notify the City Planner whether the diqital layers are compliant or not. "(36) The Department of Development Services will file the plat for record with the County Clerk. The Department of Development Services will inform the Chapter 14 Digital Submittals revised 6 consultant of any electronic data resubmitted requirements if necessary within 60 calendar days. "(b) Review procedures for final construction (record) drawinqs. "(1 ) The Department of Development Services will open the construction drawing diqital file [o ensure it is readable and forward it to the relevant Departmental GIS Specialist(s). "(2) The City GIS Staff will review and, if compliant, post project at,ets. "(3) Tho City GIS staff will notify the Enqinoerinq Project Manaqer whether the diqital layers are compliant or not. "(,1) When all layers have been reviewed and posted, the Enqineerinq Project Manaqer will formally acoopt tho submittal. "(c) Diqital submittals that are unreadable or otherwise found non-compliant by the Department of Development Services, an Enqineednq Project Manaqer, a Department GIS Specialist, or City GIS staff will be returned to the submitter for resubmittal within 60 calendar days. "(d) The City GIS staff may spatially adjust submitted data or the City's GIS to incorporate the submitted data properly into the Cit,/'s GIS. "Soc. 14 1112. Required GIS features and attributes. The City's Dircctom of Development Serviccs, Engineerinq Services, and Municipal Information Scrvices will publish on tho City's GIS procedures manual on the City's official websitc. Thc manual will contain the diqital GIS features and attributes that must be provided in plats and conctruction drawinqs submitted to the City. "Sec. 14-1113. Excelotions authorized. "(a) The Director of Enqineerinq Services is authorized to qrant exceptions to the requirements that city construction drawinqs and "ts bui!tc record drawinqs" be submitted to the City in a diqital format when the requirement would substantially increase the costs of a project to the City. "(b) The Director of Development Services is authorized to qrant a blanket exception not to exceed 6 months to the requirements that plats be submitted to the City in a digital format when: "(1) The requirement would impose an unreasonable burden on the surveyor or professional enqineer submittinq the plat, because the surveyor or enqineer does not own or have access to computer hardware and software capable of producinq the required diqital submission or the project is determined by the Director of Development Services to be a small project and digital submittals is not feasible. This exception is valid for a pedod of time not to exceed 6 months; Chap[er 14 Digital Submittals revised 7 "(2) The plat will not require the construction of an,/public improvements or infrastructure or dedication of any new riqhts-of-wa¥ or utility easements; and "(3) The plat subdivides any existinq lot into less than five lots. "Sec. 14-1'114. Availability of City's GIS data. The City will make diqital cop~es of its GIS data available at no costs to planners, developers, enqineers, contractors, and others who are required to submit diqital data under this Article to the City and does not applv to consultants that are qranted exemptions to this requirement" Secs. -14--140~14-1113-- 14-1200. Reserved. 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 of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances, SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Chapter 14 D~gltal Submittals revised Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ That the foregoing ordinance was read for the first time and passed to its second reading on this [he day of ,2005, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ daY of ,2005 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ PASSED AND APPROVED, this the ATTEST: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scot[ __ day of ,2005. Armando Chapa City Secretary APPROVED: Assistant Cit,/At[omey For City Samuel L. Neal, Jr. Mayor ,2005: 8 Ord-DkJSubChl4 23 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 02/22/05) Case No.:0105-06-Ike Ornelas: A change of zoning from a "R-lB" One-famdy Dwelling District to an "A-2" Apartment House District The property is in Bass Subdivision, .28 acre out of Lots I and J, Block 27, .13 acre out of Lot J, Block 27, .30 acre out of Lot J, Block 27, .13 acre out of the north part of Lot J, Block 27, and .13 acre out of Lots I and J, Block 27, located south of Sandra Lane and 3,000 feet east of Airline Road. Plannim, Commission and Staff's Recommendation 1'01/26/05~: Approved "A-2" Apartment House District. Requested Council Action: Approval of"A-2" Apartment House District and adoption of the attached ordinance. Purl~ose of Request: Development of a 36-unit apartment complex. Summary: · Applicant requesting a change of zoning from "R-lB" One-family Dwelling District to an "A-2" Apartment House Disltlct for the development of a 36-unit apartment complex on 1.25 acres. · The apartments are planned as two-story structures with units ranging from 600 to 800 square feet. · ~Ihe proposed apartment development would generate 245 average daily trips along Sandra Lane, a local street, and Airline Road, an arterial. · The demand for water/wastewater service of the apartment development is projected at 9,000 gallons per day with a solid waste demand of 320 lbs. daily. · North of the subject property is a "R- lB" one-family Dwelling District that is primarily undeveloped with a few scattered sites of single-family dwellings. The undeveloped lots south of the subject property have frontage along Saratoga Boulevard and are zoned a "R-lB" One-family Dwelling District. Lots south of the subject property are planned to transition as office or business uses. To the east is a "R-lB" One-family Dwelling District consisting primarily of undeveloped lots with three single-family residences in the area. Along the west is a "B-4" General Business District that extends to Saratoga Boulevard and is developed as a credit union. · The "A-2" Apartment House District serves as a txansitional district between the "B4" General Business District west of the subject property and the "R-lB" One-family Dwelling Dis~ct east of the subject property. Affifficant's Position: The applicant concurs with the Planning CorCamssion and Staff's recommendation 1Notification: Of the 11 notices mailed to the surrounding properly owners, none were returned in favor and one returned in opposition. The 20% rule is not Invoked. This ca_se is considered noncontroversial. Agenda Memorandum Case No. 0105-06 ([ke Omelas Page 2 MG/FGMJgp Attachments: 1 ) Zoning Report 2) Planning Commission 3) Ordinance Minutes Assistant Director of Development Services H:h° LN - D IRXS ~IARED~CHRiSTAL\WO RD~AGENDMEIv~20~5~O 105 ~6AGEN DAM EMO doc DOC CITY COUNCIL ZONING REPORT Case No.: 0105-06 Planning Commission Hearing Date: January 26, 2005 Applicant: Ike Omelas Owner: Same as applicant Agent: Joe Garcia Legal Description/Location: Bass Subdivision, .28 acre out of Lots I and J, Block 27, .13 acre out of Lot J, Block 27, .30 acre out of Lot J, Block 27, .13 acre out of thenorthpart of Lot J, Block27, and.13 acre outof Lots I andJ, Block27, located south of Sandra La.ne and 3,000 feet east of Airline Road. From: "R-lB" One-family Dwelling Dislnct To: "A-2" Apaltment House District Area: 1.25 acres Purpose of Request: Development of a 36-unit apartment complex Zonin~ Site "R-lB" One-family Dwelling District North "R-lB" One-family Dwelling District South "R-lB" One-family Dwelling District Eaxt "R-lB" One-family Dwelling District West "B-4'" General Business District Existing Land Use ' Undevefoped land Low and medium density residential Unc~eveloped lots Low-density residential and vacant lots Credit Union Future Land Use Low-d6nsi/y residential Low~lensity residential Low-density residential and ~'ansitioning to business Low-density residential General business Area Development Plan: Southside- The future land use plan recommends low-density a, a residential on the subject property. However, the "A-2" Apartment House District is supported as ~ '~ a buffer district between tt~ "B4" District to the west and the "R-lB" One-family Dwelling District to the easL Map No.: 42032 Zoning Violations: None Zon/ng Report Case No 0105-06 (Ike Ornelas) Page 2 Applicant requesting a change of zoning from "R-lB" One-family Dwelling District to an "A-2" Apartment House District for the development ora 36-unit apartment complex on 1.25 acres. The apartments are planned :as two-story slructures with units ranging fi-om 600 to 800 square feet. The proposed apartment development would generate 245 average daily Irips along Sandm Lane, a local street, and Airline Road, an arterial. The demand for water/wastewater service of the apartment development is projected at 9,000 gallons per day with a solid waste demand of 320 lbs. daily. North of the subject property is a "R-I B" One-family Dwelling District that is primarily undeveloped with a few scattered sites of single-family dwellings. The undeveloped lots south of the subject property have frontage along Saratoga Boulevard and are zoned a "R-lB" One-family Dwelling District. Lots south of the subject property are planned to transition as office or business uses. To the east is a "R-lB" One-family Dwelling District consisting primarily of undeveloped lots with three single-family residences in the area. Along the west is a "B4" General Business Dis~ict that extends to Saratoga Boulevard and is developed as a credit union. The "A-2" Apartment House District serves as a transitional dis~ct between the "B4" General Business Dis~ct west of the subject properly and the "R-lB" one-family Dwelling Dis~ict east of the subject property. Street Type Paved Section Volume (2001) Sandra Lane Local 28' Bk. to Bk. paved Not available section Airline Road Arterial 120' R.O.W. w/74' Bk. to 3,760 a.d.t. Bk. paved section Saratoga Boulevard Arterial 120' R.0_W. w/97' Bk. to 10,080 a.d.t_ Bk. paved section Platting of the property is required. The "A-2" Apartment House District will provide for a medium-density residential use that will serve as a buffer between the low-density properties and business properties east and west of the subject property. H:~ LN-DIR~S HARED\CHRISTAL\WOItl)~ZONRPTSX2005X0105 -06CCRepon.doc Zoning Report Case No. 0105-06 ([ke Omelas) Page 3 Approval of the "A-2" Apartment House District Approval of"A-2" Apartment House District Number of Notices Mailed Favor 0 Opposition 1 (As of February 16, 2005) 11 Attachments: Vicinity Map Zoning Map Conceptual Layout of Apartments H:~PLN-DIR~SHARED\CHRISTAL\WORD~ZONRPTS~005\0105-06CCReport. doc NORTH 2 B~ o E R-lB SUI A PARCEL R-lB o ~sion K R-1 4 NORTH · z Planning Commission Minutes January 26, 2005 ZONING New Zoning 0105-06 - Ike Ornelas Request: change of zoning fi.om "R-lB" One-family Dwelling District to "A-2" Apat huent House Dis~ct resulting in a change of land use fi.om lowqtensity residential to medium density residential. Excerpts from Zoning Report Purpose of Request: Development of a 36-unit apartment complex Area Development Plan: Southside- The future land use plan recommendx low-density residential on the subject property. However, the "A-2 "Apartment House District is supported ax a buffer district between the "B-4" District to the west and the "R-lB" One-family Dwelling District to the east The "A-2" Apartment Hom'e Distrtct will provide for a medium-denxity residential u, re that will serve as a buffer between the low-density properties and business properties east and west of the subject property. Approval of the "A- 2 "Apartment House District Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 11 notices mailed. None were received in favor and one was received in opposition. The public hearing was opened. Mr. Joe Crarcia, 4626 Weber, stated he represented Mr. Omelas. He stated this property and area are in a transition. Staffis correct in stating the "A-2" Apartment House District will provide for a medium-density residential use that will serve as a buffer between the low- density properties and business properties east and west of the subject property. This is an appropriate use for the property as it is not conducive for residential development. The public hearing was closed. A motion was made by Braselton and seconded by Amsler to recommend approval as submitted. The motion passed unardmously with Salazar and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY IKE ORNELAS BY CHANGING THE ZONING MAP IN REFERENCE TO BASS SUBDIVISION, .28 ACRE OUT OF LOTS I AND J, BLOCK 27, .'13 ACRE OUT OF LOT J, BLOCK 27, .30 ACRE OUT OF LOT J, BLOCK 27, .'13 ACRE OUT OF THE NORTH PART OF LOT J, BLOCK 27, AND .13 ACRE OUT OF LOTS I AND J, BLOCK 27, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ike Ornelas for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 26, 2005, during a meeting of the Planning Commission, and on Tuesday, February 22, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, 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 public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning onto Bass Subdivision, .28 acre out of Lots I and J, Block 27, .13 acre out of Lot J, Block 27, .30 acre out of Lot J, Block 27, .13 acre out of the north part of Lot J, Block 27, and .13 acre out of Lots I and J, Block 27, located south of Sandra Lane and 3,000 feet east of Airline Road from "R-1 B" One-family Dwelling District to "A-2" Apartment House District. (Map 42032) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:~LEG-DIR~Joseph~oning 05\0105-0~Regular doc Page 2 oi: 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance. as amended by this ordinance, SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 22nd day of February, 2005. ATFEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED /~'-~(;~ Joseph~rney '/~ Assistant City Attorney For City Attorney 2005 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~_EO-DIR~Joseph~Zoning~)5~)105A)6Regular doc Page 3 of 3 Corpus Christi, Texas __ day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully1 Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H:\LEG-DIR~loseph~Zoning-05\0105-06Regular doc 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Crime Control and Prevention District Quarterly Project Update STAFFPRESENTER(S): Name l.B~anSm~h 2. TltlelPosition Commander Department Police OUTSIDE PRESENTER(S): Name 1. Linda Bddges TlflelPoslflon O~anlzatlon Chairman Crime Control and Prevention District Board of Directors ISSUE: The Cdme Control and Prevention District Board gives quarterly project updates to the City Council. BACKGROUND: The status of current projects will be reviewed as well as the proposed FY 0506 budget. REQUIRED COUNCIL ACTION: None 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/22/2005 AGENDA ITEM: Motion authorizing the City Manager or his des~jnee to execute an agreement with BFI/Allied, Inc. for the operation of Landfills at J. C. Elliott Landfill and Cef~ Valenzuela Landfill, including the authorization of the sale of City equipment to BFI/Allied and to execute a Put/Pay contract for the guamntccd delivery of 150,000 tons of waste per annum to the Cef~ Valenzuela Landfill when it opens. ISSUE: In September 2002, the City issued an RFP for Development and Operation of Landfills. Council action on August 24, 2004, directed staff to proceed with negotiations with BFI/Allied, Inc. for the Push & Pack Operations of the JC Elliott and Cef~ Valenzuela Landfill. REQUIRED COUNCIL ACTION: Adoption of the motion authorizing the City Manager or his designee to execute the contract with BFI/Allied, Inc. PREVIOUS COUNCIL ACTION: Staff presented this item to Council on February 24, 2004. On March 23, 2004, Council directed that staff proceed with the development of the Cef~ Valenzuela landfill instead of the expansion of the J. C. Elliott Landfill and all related infrastructure. On August 24, 2004, Council authorized by Motion M2004-323 for the City Manager or his designee to complete negotiations with BFI/Allled, Inc. for the Operations of the City's Landfills. Jqlf~d~' D,/Kaplarf, Director, Streets & Solid Waste Services BACKGROUND INFORMATION A Landfills Strategic Plan (GBB ConsuEant Plan) was developed to assist the City of Corpus Chdsti Solid Waste Services Department with its overall landfill development and operations program. The focus of the Plan is on the City's J.C. Elliott Landfill and its planned Cef~ Valenzuela Landfill and the various development activities and contractor procurement r,c.~----ds associated with the transition from Elliutt to Cef~. The Plan also addresses certain other City initiatives, facilities, and services that augment these disposal facilities and serve to enhance their operation, extend their lives, or otheneise reduce costs, increase revenues, and improve the City's solid waste services. RFP proposals were sent out to approximately 15 landfill companies to submit a proposal on the operations/development of the City's landfills_ Three proposals ',','cre received, and BFI/Allled was the determined to be the most qualified and responsive proposer. City Council directed staff to begin development of the Cefe Valenzuela Landfill to be able to accept and dispose of waste upon the closure of the J. C. Elliott Landfill_ Council also directed staff to enter into negotiations with BFi/Allied for the operations of the JC Elliott and Cef~ Valenzuela landfill. Staff has concluded negotiations and is recommending approval of an agrccment with BFIIAIlied which includes a Push & Pack agrccment, a new Put or Pay agreement, and the sale of several pieces of landfill equipment. This agreement will reduce the City's landfill operational cost, guarantee a consistent waste stream from one of the largest commercial waste haulers in the area, and will provide a stable revenue so~ce for the City for years to come. · · · · · · · · · ~) 0· LLi · .jo · N // · · · · · 0 0 0 0 --m ~ · · · · · 0 ~0 CO ~o ~ ~:~ 0 I::}. ~ LL > ~ 0 0 0 BFI LANDFILL AGREEMENT POSITION PAPER FOR COUNCIL PRESENTATION FEBRUARY 22, 2005 BACKGROUND: A Landfills Strategic Plan (GBB Consultant Plan) was developed to assist the City of Corpus Christi (Crty) Solid Waste Services Depml~x, nt (Dep~t,~ent) with its overall landfill development and operations program. The focus of the Plan is on the City's J.C Elliott Landfill (EIliott) and its planned Cefe Valenzuela Landfill (Cefe) and the various development activities and contractor procurement needs associated with the transition l~om Elliott to Cefe. The Plan also addresses certain other City initmtives, facilities, and services that augment these chsposal facilities and serve to enhance their operation, emend their lives, or otherwise reduce costs, increase revenues, and improve the City's solid waste services. Estimated cost associated with the landfill capital improvements are $6825 mil in FY04-05, $13.5 mil in FY05-06, $7.725 mil in FY06-07 and $2.545 in FY07-08 totaling $30.595 mil. The City's Elliott Landfill, which serves a population in excess of 300,000, is scheduled to close due to filling by early-2007, with Cefe being constructed and opened by that time to serve as the City's continuing long term disposal facility. City Council approved development of Cefe on March 23, 2004. When constructed, Cefe, with over 2,268 acres and 130.5 million cubic yards of l~mfitted aixslJace in its 810 acres of disposal area, will be one of the largest landfills in Texas. It was planned to receive over 500,000 tons per year initially, with the intake increasing substantially over time as older facilities in the region closed, regional population and economic development expanded, and conunanities, in addition to the City, required the disposal services that Cefe could provide Through several st,'ategic initiatives, including the execution of put-or-pay waste delivery contracts with selected major haulers and the implementation of a Municipal Solid Waste System Service Charge (MSWSSC), the City has increased its waste deliveries to Elliotr, returning much of the lost tonnage, and stabilized its revenues. Nonetheless, the waste management landscape in the region has changed, and the City, as a dorrdnant market participant, must place ~n~hasls on "operating as a business" and forging strategic public/private partnerships where they can yield cost savinss, revenue enhancemem, improved services, and/or increased security for the City's solid waste system resources in the interests of the City's residents and businesses. While projections of population and cn~loyment in Nueces County are strong, with population and waste generation estimated to reach approximately 338,000 and 529.000 tons, respectively, by 2010, there is now increased competition for this supply. In addition to the E1 Cenlsu landfill, other co~mnities in tl~ region have landfills that could be expanded. Some could even be sold or leased to the private sector. Areas such as the Lower Rio Grande Valley to the somh, with its burgeoning population and robust commercial/industrial development, could be an important source of waste supply to Cefe. This area wffi require disposal capacity for over I million tons of waste per year by 2010. Again, however, this may require a strategic relationship with a privme paxtner who could access that supply, develop transfer station facilities, and provide commitments to the City on a long-term basis. As such, RFP's were sent om to the Nation's top 15 landfill companies. They were received in October of 2002, Three companies responded. Review of submittals and individual interviews with the three companies resulted in a reconm~'ndat~on to the City Manager that the most qualified and responsive proposer was BF1/Allied. Negotiations began in January of 2003 with a proforma that was developed to compare the City's cost to operate Elliot with and withou~ expansion, to operate and develop Cefe with no expansion at Elliot and with expansion of Elliot. In all cases there was little difference between the BFI submittal and the City's proforma to do the same. There was no profit in any scenario ($4M target). The cost associated with debt for either party was the most significant factor. If we chose to pursue this we would have to raise rates (residential, MSWSSC, and/or tipping fee) to cover loss In these scenarios the rate increases required would be the highest. As we approached mid-March we became aware of a complaint filed with the Texas Attorney General's Office, anti-trust dimsion based upon a concern by complainants that the acquisition of the El Centro Landfill by BFI/Allied in concert with the RFP negotiations with BFUAllied and the City would potentially have a negative effect on competitiveness m the COG region for disposal. The AG staff underscored the fact that they were not investigating the City In May of 2003, BFUAIIied presented a price of $6.92/ton plus a minimum guarantee of tonnage for push-pack at both Elliot and continuing into Cefe. City staffhas developed a proforma for push-pack that is essentially a mid-point m profit returns from development of either landfill and the target goal of $5.6M. This includes an operatin8 Citizen's Collection Center including a structural base for a future Transfer Station at Elliot. BFl/Allied's guaranteed 150K tonnage provides a range of profit in a ten year proforma of $ 5M in the lowest year to $3M in the highest year. The negonations have revealed: 1. The City cannot develop and operate Cefe on it's own without a minimum throughput of 400K tons/yr including City waste of which some form of guaranteed tonnage would be require& That, rate increases of some fashion would minimally be required to cover the debt service and could potentially be larger increases to subsidize the landfill if minimum tonnage is not amiable to make up for tonnage shortfalls. 2. BFUAlhed controls at least 75% of thc waste stream in the COG area. 3. While other companies are capable of "push-pack" operations, none can meet the tonnage guarantee (excluding BFI/Allied) necessary to make a successful oi~ations business plan for the Cefe landfill. Staff has considered that there may be some minimal int~t m acquiring the Cefe site fi.om the City by other companies, but that is highly speculative in that none of the majors have the hauling tonnage to profitably operate a landfill in the region for at least 5 years. This is the time it would minimally require to compete for large enough contracts in the area. This in and of itself does not supplant the City's need to keep a smooth flow ofwnste disposal security and n~get minimal cash flow requirements in that time period_ On August 24, 2004 City Council dtrected staffto negotiate an agreement with BFI/Allied based on the aforerr, entioned considerations. Push & Pack Agreement The agreement the City staff is reconunending takes into consideration all the issues tha~ have been brought up pertasning to the Attorney General's inquiry The City would maintain sole ownership and control of our existing facilities by managing the gate, waste screening, scale house, handle and control all disposal revenues, establishing the gate rates, and overseeing the entire operation through an extensive contract administration. The City agrees to maintain all pc. ndts and be held respons~le for all regulatory requirements such as ground water monitoring, the leachate collection system, methane gas monitor probes, and the annual TCEQ inspection. BFlJAIlied, in return, agrees to handle all waste disposal management, all landfill maintenance such as mowing, debris control, mad maintenance and wet weather pads. BFldAllied will also provide us with a quarterly grinding service and assist us with all City sponsored events currently being provided to our co.u.unity. A~reement Summary BFldAllied has agreed to a set fee of $6.92 per ton for all waste entering into the landfill with a minimum 400k tons received at the JC Elliott landfill. This agreement will transition over to Cefe Valenzuela when JC Elliott closes. There will be a decrease of 25k ton made to the annual Push & Pack contract in the first year at Cefe to allow for the ha.sition. During this time, the City will work in securing new long t~m, contracts with current vendors. Year 2 through year 20 at Cefe will resume back to the 400k ton contract agreement. BFI agrees to maintain existing fi'ee disposal days, fi'ee residential mulch programs, continue their current pul or pay guarantee ora minimum 150k tons annual, and purchase several pieces of our landfill equipment currently in place and owned by the City. The t,am recommended for this push & pack agreement is a 20 year agreement with provisional options to renew. The landfill organization currently has budgeted 30 FTE's of which 23 positions are fillexL The City would keep 7 staff members to stay on under the proposed contract administration team and the remaining 16 positions would be offered positions with similar pay from BFI/Allied Waste Corporation. Benefits such as medical, dental, leave accrual and retirement have been detain.ned comparable to what the City currently offers. Employees not accepting positions with BFI will be placed in comparable positions with no loss in pay with primary focus for deployment within the Streets & Solid Waste Services depa. tment. Other Details: 1. Pmcesa/~htd brush quarterly. 2. Provide an alternative disposal site if for some reason waste cannot be processed at our site for a price not to exceed the current rate in the City's existing supply agreement. 3. Will provide an office trailer for usc by the City at Elliott and the City shall provide an office and maintenance shop for co-party use at Cole. 4 If any governmental jurisdiction enacts a mandatory recycling law applicable to the City that reduces the volume of waste that the City is able to direct to either Landfill minimum waste requirements will be negotiated to not penalize either party. 5. Provisions for short-term and long-term increases in daily and yearly volumes at the cmmul rate and/or rates that are equitable for sudden increases in daily volumes 6. In the event of default on the part of BFl/Allied as specified in the agreement the City can do any or all of the following: perform the services necessary to cure the default and be reimbursed with applicable interest fi.om BFI/Allied; and/or, terminate the agreement; and/or, and pursue any remedy available at Law or in equity. 7 The ,.greement includes a new put/pay supply agreement for the Cefe landfill when it begins operations. Currently the City offers two fo, ms of these supply agreements The first type is an 80% agreement which requires that 80% of tonnage collected by a hauler in the Coastal Bend region as defined by the COG be supplier[ The second type requires that 100% of tonnage collected by a hauler in the Coastal Bend region as defined by the COG be supplied. BFI/Allied has agreed to continue supplying a minimum of 150,000 tons per year of waste to the City on an 80% supply agreement for a 25% reduction from the published City Disposal Rate. BFFAllied has also agreed that for other haulers the same rate for an 80% supply agreement will apply and has further agreed that for those haulers seeking a 100O/O supply agreement the rate offered will be for a 28% reduction from the published City Disposal Rate. In all agreements there will be an additional incentive for increased volumes where applicable. BFFAllied will allow up to 2000 tons of waste provided by the City for processing to be exempt from the $6.92/ton rate charged. Historically this waste has come fi'om quarterly SWS landfill programs and co,muanity clean-ups. While we have mutually agree to discuss any additional volumes that may occur on a case by case basis this maximum fee exe-,ia~ volume is considered to be reasonable Past Council Presentations & Actions December 16, 2003 Landfill RFP Presentation February 24, 2004 Landfill RFP Presentation (Action Tabled) March 23, 2004 Landfill RFP Presentation, City Council decided to develop Cefe Landfdl August 24, 2004 Landfill RFP Presentation, City Council dire:ts staff to negotiate a contract with BFI/Allied Waste Summary City staff has finalized negotiations with BFI/Allied for a "Push & Pack" contractual agreement and is reco,m,~ending approval. This agreement brings the City close to the net revenue of $6.2 million which includes the above new debt obligations. Due to the new debt, disposal fees are projected to increase to all customers (residential and non-contractual co,m.ercial) over the next several years. Of the approximately 419k tons of waste disposed of at the JC Ellio- landfill, approximalely 161k tons is attributed to the City's residemial and commercial accounts. The remaining tonnages are estimated amounts from the private haulers currently utilizing our landfill, some of which currently have a put or pay agreement with the City. The City and BFI/Al[ied anticipate the transition to be not more than 75 days after City Council gives their approval LANDFILL SERVICES AGREEMENT THIS LANDF1LL SERVICES AGREEMENT (the "Agreement") is made effective as of , 2005 by and between City of Corpus Christi, a Texas home rule municipal corporation ("City") acting through its duly authorized City Manager or City Manager's designee, and BFI Waste Services of North America, Inc, a Delaware corporation ("BFI") acting through its duly authorized officer. RECITALS A. City and BFI desire to enter into an agreement pursuant to which BFI will provide Services (as defined below) to City at the Landfill (as defined below) in accordance with the terms and subject to the conditions of this Agreement; and B. City has determined that the provision of such Services by BFI to City are in the vital and best interests of City and the health, safety and welfare of its residents and in accordance with public purposes and provisions of applicable federal, state, county and local laws and ordinances. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and of other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the panics agree as follows: ARTICLE 1. DEFINED TERMS AND INTERPRETATIONS 1.01 DeEmed Terms. Unless the context otherwise requires, capitalized terms used in this Agreement shall have the meanings assigned to them in this Section 1.01. "Affiliate" of a Person means any other Person controlling, controlled by or under common control with such Person. "Agreement" means this Agreement and all the Exhibits to this Agreement. "Business Day" means any day other than Sunday or a Holiday. "BFI" means BF[ Waste Services of North America, Inc., a Delaware corporation. "BFI EcluiDment" means furniture, rolling stock and other moveable equipment placed by BFI onto the Landfill at its expense, but excludes permanent fixtures. "City" means City of Corpus Christi, a Texas home rule municipal corporation. "City Indemnified Parties" means City and its officers, representatives, employees or agents. "City's Resl)onsibilities" means all of City's obligations pursuant to Section 2.03. "Contract Year" means any year measured from the anniversary of the Initial Operation Date to the end of such year. "Director" means City's Director of Solid Waste & Street Services or an individual designated by the Director of Solid Waste & Street Services. ''Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste ("whether containerized or uncontainerized") into or on any land or water so that the solid waste or hazardous waste or any constituent of the solid waste or hazardous waste may enter the environment to be emitted into the air or discharged into any waters, including groundwaters. "Effective Date" means the effective as of date set forth in the introductory paragraph of this Agreement. "Environment" or "Environmental" means matters relating to surface waters, groundwaters, soil, subsurface strata and ambient air. ''Environmental Law(s)" means any Law and any judicial or administrative interpretation of a Law, including any judicial or administrative order, consent decree or judgment, relating to the Environment, health, safety or Hazardous Materials, including the Comprehensive Environmental Response, Compensation, and Liability Act; the Resource Conservation and Recovery Act; the Hazardous Materials Transportation Act; the Clean Water Act; the Toxic Substances Control Act; the Clean Air Act; the Safe Drinking Water Act; the Atomic Energy Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the Federal Food, Drug and Cosmetic Act; and the state or local equivalents of these Laws. "Fee" means $6.92 per ton of waste for all waste received at the Landfill, as adjusted pursuant to this Agreement. "Governmental Authority" means any federal, state or local government, governmental, regulatory or administrative authority, agency or commassion or any court, tribunal, or judicial or arbitral body. "Handled" means owned, leased, had an interest in, collected, generated, transported, stored, handled, recycled, reclaimed, processed, disposed of, or contracted for the d~sposal of. "Hazardous Materials" means: (a) petroleum and petroleum products, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain polychlorinated biphenyls, and radon gas; or (b) any other chemicals, materials or substances defined as or included in the definition of "hazardous materials," "hazardous wastes," "hazardous substances," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic wastes," "toxic pollutants," "contaminants," "pollutants," "infectious wastes," "medical wastes," "radioactive wastes," "sewage sludges" or words of similar import under any applicable Law. "Holiday" means any of New Year's Day, Independence Day, Thanksgiving Day or Christmas Day. "Initial Ol~eration Date" means the date on which BFI commences providing the Services. "Landfill" means City's J.C. Elliott Landfill located in Corpus Christi, Texas (the "Elliott Landfill"), and, once the EIliott Landfill has reached permitted capacity and been closed, City's Cefe Valenzuela Landfill located in Nueces County, Texas (the "Cefe Landfill"). "Law" means any federal, state or local statute, law, ordinance, regulation, rule, code, governmental order, requirement or rule of common law, including any Environmental Law. "Losses" means claims, costs, losses, liabilities, damages, injuries, fines, penalties, assessments and expenses, including reasonable attorneys' fees, all litigation expenses, and court costs. "Performance Bond" means the form of security furnished by BFI and BFI's surety for the use and benefit of City as further described in Section 8.06. "Permit" means City's operating permit(s) for the Landfill. "Person" means any individual, partnership, firm, corporation, limited liability company, association, trust, unincorporated organization, Governmental Authority or other entity "Plan" means the Landfill's Site Operating Plan. "POC" means BFI's designated onsite point of contact. "Release" means disposing, discharging, injecting, spilling, leaking, leaching, dumping, emitting, escaping, emptying, seeping, placing or other'wise releasing into, upon or under any land, water or air or otherwise entering into the Environment. "Services" means all of BFI's obligations pursuant to Section 2.02. "TCEQ" means the Texas Commission on Environmental Quality, and any of its predecessor or successor agencies, including the Texas Water Commission and Texas Natural Resource Conservation Commission. "Term" has the meaning set forth in Section 2.05. "Waste Acceptance Hours" means Monday through Friday 7:00 a.m. to 6:00 p.m. and Saturday 7:00 a.m. to 5:00 p.m., but excluding any Holiday, or such other time periods totaling 65 hours per week as may be mutually agreed by the parties from time to time. 1.02 Interpretations. (a) Captions. The captions in this Agreement are inserted for convenience only, and shall not constitute a part of this Agreement or be used to construe or interpret any of its prowsions. (b) Include. The term "include" and similar terms shall be construed as if followed by the phrase "without limitation." (c) Time for Performance. Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Sunday or Holiday, such time for performance shall be extended to the next Business Day. Otherwise, all references herein to "days" shall mean calendar days. (d) Construction of Am'eement. The parties have participated jointly in negotiating and drafting this Agreement. If a question of interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. (e) Laws. Any reference to any Law shall be deemed to refer to the Law, as amended, and to all rules and regulations promulgated thereunder, as amended, unless the context requires otherwise. ARTICLE II. LANDFILL SERVICES, CITY'S RESPONSIBILITIES AND TERM 2.01 Exclusive Right to Provide Services. City hereby grants to BFI the exclusive right to provide the Services dunng the Term. 2.02 Services Provided by BFI. (a) Services Generally. During the Term, BFI shall provide at its expense all labor, supervision, materials, supplies and equipment to push, pack and cover waste at the Landfill. The Services include the following: (i) Push, pack and cover all waste that has been screened and accepted by City at City's scale house in accordance with the Plan; (ii) bury such waste at the Landfill with a minimum compaction rate of 1000 lbs./cy as reported by Contactor via a certified professional engineer; 4 (iii) meet all requirements for daily operations under the Plan, including supervision and placement of waste delivered by all haulers to the Landfill; (iv) process all clean brash at City's designated location at least once every three months by grinding the brash producing a product that is not more than 6" in length for not less than 95% of the contents of the final product; (v) provide daily dust control and routine blade work maintenance on all unpaved roads within the permitted boundary of the Landfill from the scale house to the working area as required by the Plan (except for dust control required by construction of cells, roads and other capital projects); (vi) if necessary, provide a wet weather area that is able to accept waste in all weather conditions; (vii) mow/weed all of the property within the permitted area of the Landfill; (viii) provide erosion maintenance (post rain) for active and intermediate cells filled by BFI (but not for cells filled by City) and for areas in cell 9 of the Elliott Landfill east of Survey Station 14+00; (ix) irrtmediate cover; provide maximum waste grade elevation in all areas prior to (x) maintain the surface water control berm system; (xi) clean litter and wind blown waste and roadways as designated by the Plan; (xii) pull tires and metal from the active areas and transport them to appropriate areas on site (but not grind or split tires); (xiii) provide traffic control onsite after the scale house; (xiv) provide intermediate cover for all operating cells filled after the Initial Operation Date and maintain intermediate cover for all cells already covered at the Initial Operation Date (but not for the Elliott Landfill after site closure); (xv) at the Elliott Landfill, transfer small volumes of waste delivered by the general public on wet weather days from the bad weather public pad to the working face; (xvi) if BFI is unable to provide the Services at the Landfill, provide an alternative method of disposal at a disposal facility of BFI or its Affiliate that is 5 authorized to accept such waste at a price to be negotiated between the parties that will not exceed the current rate in City's existing supply agreements; and (xvii) provide additional work not specified in this Agreement as requested by City at rates specified in Exhibit A. (b) Hours. BFI shall provide the Services dunng Waste Acceptance Hours, but may provide the Services during extended hours if it chooses and if this is in compliance with applicable Laws and the Plan. In addition, City may request that BFI provide the Services during extended hours for the acceptance of waste if this is in compliance with applicable Laws and the Plan. Upon any such request by City, City and BFI shall negotiate in good faith with respect to the extended hours and the Fee applicable to Services provided during extended hours requested by City. (c) Location of Services. Until the Elliott Landfill has reached permitted capacity, BFI shall provide the Services at the Elliott Landfill and thereafter shall provide the Services at the Cefe Landfill. (d) Storms and Other Disasters. The Services include any increased volume resulting from a flood, hurricane or other act of God over which BFI has no control that is not subject to the force majeure provisions of Section 8.05. (e) Complaints. (i) BFI shall give all customer complaints prompt and courteous attention. BFI shall investigate all complaints and, if the allegations are verified, take reasonable means to correct the complaint within 24 hours after the complaint is rece~veck The reasonableness of the means to correct the complaint will be determined in the reasonable discretion of the Director. (ii) BFI shall provide a monthly summary of all customer complaints to the Director by the 15th day of each following month. The report must include the customer's name, address, complaint/inquiry, investigation summary, and action taken by BFI. (f) Personnel. (i) BFI shall assign a qualified POC to be in charge of the Services at the Landfill and furnish the name or names of the persons to City. The POC must have full authority to immediately respond to and resolve complaints or problems. (ii) BFI employees must at all times wear clean uniforms beating BFI's (or its Affiliate's name) and some means of identification such as name tag or identification card. (iii) Each of BFI's drivers must carry a valid Texas operator's license for the type of vehicle the driver is operating. (iv) BFI shall at all times have competent personnel managing the Services. BFI shall have a person on site 90% of the Waste Acceptance Hours who holds a current Class A Solid Waste Technician Letter of Competency issued by the TCEQ under Title 31, TAC, Subchapter M, Solid Waste Technician Training and Certification Program. (g) Office. BFI shall maintain an office or other facilities at the Landfill through which BFI can be contacted. At the Elliott Landfill, BI3] shall supply its own office trailer for its use and for use of City (with such trailer to be deemed a permanent fixture and, therefore, not to be BFI Equipment). At the Cefe Landfill, City shall supply a maintenance shop and offices for BFI's use. (h) Point of Contact. All dealings, contacts, etc., between BFI and City shall be directed by BFI to the Director and by City to BFI's POC or the District Manager. (i) Health and Safety. (i) BF1 shall continuously control and minimize fire, smoke, blowing papers and trash, odor, rodents, flies and all other public health menaces and pests on and around the Landfill. (ii) BFI shall cover the Landfill at the end of each day during which the Landfill is open with alternate daily cover or other TCEQ approved cover. (iii) BFI shall keep the size of the "active face" of the Landfill to a minimum. (iv) BFI shall provide operating and safety training for all employees and comply with all Occupational Safety and Health Administration (OSHA) regulations. City has no liability or responsibility to assure compliance by BFI with any or all OSHA regulations. (j) Reports. BFI shall deliver to City a written report regarding airspace volume calculations for the Landfill. The first report shall be submitted on or before December 31, 2006, and reports for each subsequent year shall be submitted on or before December 31st of each year. (k) Compliance. BFI shall provide all the Services in accordance with the Plan. (1) Employment of City Employees. (i) BFI shall offer full-time employment to all full-time City employees who will be displaced by this Agreement as listed on Exhibit B, subject to each such employee meeting BFl's minimum job requirements (which shall be job- relaled and non-discriminatory). Such employment need not be at the Landfill, but must be within Nueces County, Texas. (ii) BFI may terminate any employee so hired at any time for cause, with "cause" to be determined in BFI's sole and absolute discretion. (iii) The terms of the employees' employment shall be in BFI's sole and absolute discretion, except that: (A) the hourly wage of each such employee shall be the same or higher than the hourly wage shown on Exhibit B for at least one year after the Initial Operation Date (if such employee remains employed that long); 03) there shall be no probationary period; (C) each employee's years of service with City shall be credited as years of service with BFI to the extent permitted under BFI's employee benefit plans; and (D) the employee benefits shall commence with the first day of employment with BFI to the extent penmtted under BFI's employee benefit plans. (iv) BFI may interview such employees within 30 days after the Effective Date. City and BFI shall meet with such employees within 20 days after the Effective Date to explain the comparison of City and BFI benefits to the employees. BFI shall leave the offers to such employees open for seven days and may withdraw the offer to a particular employee if the employee does not accept it within such period. 2.03 City's Responsibilities. City shall provide at its expense all labor, supervision, materials, supplies, equipment and resources to perform obligations that include the following with respect to the Landfill: (a) all regulatory programs (other than BFI's compliance with the Plan when BFI provides the Services), including: (i) groundwater, surface water and air monitoring; (ii) constmction, operation, and maintenance of storm water facilities, except storm water diversion berms on the active disposal areas; (iii) installation and operation of the methane gas collection system; (iv) preparation and submittal to applicable Governmental Authorities of all reports and documents required by Law to be made and filed for any and all purposes relating to the Landfill, including annual reports and leachate and discharge monitoring reports; and (v) disposal of leachate; (w) provide all financial assurances required by applicable Environmental Laws or by any Governmental Authority; (b) (iv) the Cefe Landfill; construction of capital improvements, including: (0 groundwater and landfill gas collection, monitoring and control; (ii) development of waste cells; (iii) construction of roads and bridges; design and construction of the maintenance facility and office at (v) construct and perform all repairs to paved roads and, with respect to all other roads, construct and perform all repairs beyond the routine blade work maintenance provided by BFI as part of the Services, with the roads included to be all those necessary for the Landfill, including those from the gate to the scale house to the working area and to the Landfill's office and maintenance shop facilities; (vi) provide any other necessary or desired construction of and capital improvements to the Landfill or the Landfill property; (vii) overall engineenng of the Landfill and the Landfill property; and (viii) consulting with BFI in advance and giving BFI an opportunity to comment on all such capital improvements. (c) provide closure and post-closure care of the Landfill; (d) operate the gate and the scale house, including setting disposal rates, billing and collecting tipping and other fees from customers, weighing the incoming waste, screening waste to determine whether it is acceptable for disposal at the Landfill, establishing all rules, regulations and procedures for the Landfill; (e) perform all household hazardous waste and appliance disposal and create a drop-off location for such waste within the Landfill property; (0 mulch wood waste after grinding by BFI and allow BFI to use wood waste for daily cover or other purposes; (g) operate the citizens' transfer/collection station at the Elliott Landfill when the Cefe Landfill opens; (h) provide on the Cefe Landfill property within one half mile of the active face of the Landfill onsite borrow pits or stockpiles containing all cover materials necessary for BFI to push, pack and cover waste, including daily and intermediate cover of the active face of the Landfill, in accordance with the Plan (with it being understood that BFI is satisfied with the current soil recovery at the Elliott Landfill and that the above requirements do not apply to the Elliott Landfill); (i) arrange for proper disposal o[ tiros that BFI pulls from the active areas, and transport such tires to appropriate areas on site; (j) provide all utilities (including basic telephone service but excluding long distance telephone services, which BFI shall provide) necessary for City's operation of the Landfill and BFI's Services; (k) pay all fees, assessments, taxes, and other impositions applicable to all waste disposal at the Landfill to all Governmental Authorities to whom such fees, assessments and taxes are payable; (1) pay all other fees, assessments, taxes, and other impositions applicable to the Landfill (other than taxes imposed on the BFI Equipment or any other property of BFI located within the Landfill or taxes imposed by the Federal Government, State of Texas, or a local governmental entity other than City that are attributable to BFI's income from business operations at the Landfill), including those on the office trailer described in Section 2.02(g); (m) provide adequate access to the Landfill and the Landfill property to customers and to BI?l; (n) construct a customer's convenience center for individual non-hazardous small load drop-off; (o) cooperate with BFI in the performance of the Services and be available for consultation with BFI at such reasonable times with advance notice as to not conflict with its other responsibilities; (p) assist BFI in obtaining data or documents from public officers or agencies, and from private citizens and business firms, whenever such material is necessary for the completion of the Services; (q) consult with BFI before submitting any proposed amendments to the Plan to the TCEQ; and (r) dust control as required by the Plan with respect to the construction of cells, roads and other capital projects. 2.04 Compliance with Permit, Law, Etc. (a) Compliance with Laws and Plan. City is responsible for ensuring that the use and operation of the Landfill complies with all applicable Laws. BFI, however, shall perform the Services in accordance with applicable Laws and the Plan. (b) Penmt and Costs. City shall provide the Permit and BFI shall provide the Services under the authority of City's Permit, with City remaining the "operator" at all 10 times. BFI shall cooperate and assist City, as necessary, in maintaining the Permit. City shall be responsible for the cost of all testing and monitoring required by and associated with Landfill operations and all submittal costs of tests required under ex~sting regulations of any local, state or federal agencies, including the existing reqmrements of Subtitle D. (c) TCEO Fees. City shall be responsible for the payment of all existing fees required by the TCEQ to operate the Landfill. (d) Violations of Plan BFI shall be responsible for any violation by BFI of the Plan or applicable Laws. (e) Third Pat-tv Inspections. Any state or federal agency having jurisdiction over the health and safety of the Landfill may inspect it at any time or times that may be reasonable for the inspection, preferably during Waste Acceptance Hours. 2.05 Term. Unless earlier terminated pursuant to the provisions of this Agreement, the term of this Agreement (the 'q'erm") commences on the Effective Date and continues for a period of 20 years after the Initial Operation Date. BFI may renew this Agreement for an additional 20 years (which if so renewed shall be deemed part of the "Term") on the same terms and conditions as set out in this Agreement. To exercise its renewal option, BFI must give City written notice of renewal at least six months before the last day of the initial Term. 2.0ti City's Rights. (a) Entry. Any officer or authorized employee of City may enter upon the Eandfill without notice at any time, for any purpose incidental to City's retained rights of and in the Landfill; provided, however, that any such entry shall not interfere with the Services. (b) Keys; Phone Numbers. BFI shall provide City with keys to the Landfill and a current list of names and phone numbers for use by City in the event of an emergency. (c) Lines and Easements. City retains the right to use or cross the Landfill with utility lines and easements. City shall use reasonable care in locating the utihty lines and easements to minimize damage to the Landfill, and shall consult with BFI to ensure that the work done on such utility lines or easements does not d~srupt the operating portion of the Landfill or increase BFI's costs of providing the Services. (d) Examination of Books and Records. (i) City reserves the right to exarmne or cause to be exarmned, at any reasonable time upon reasonable request, the books, papers and records of BFI solely to the extent they relate to verifying BFI's compliance with the terms of this Agreement. 11 (ii) If City needs copies of any such records it has reviewed, before any copy of a BFI record is removed from BFI's offices, BFI will be requested to review the copy to deterrmne if the copy contains any privileged commercial information, and to mark each sheet of paper that contains any privileged commercial information with a notation that it contains proprietary information that should not be made available to the public. (iii) All copies with the proprietary information notation will be treated by City as privileged commercial information under Section 552.110 of the Texas Public Information Act, Chapter 552, Texas Government Code. (iv) If a request is received for the information, the request and information will be forwarded to the Attorney General for a determination under Section 552.301 of the Act. (v) The City will withhold the information from the requester under Section 552.305 of the Act, until after the Attorney General's decision is received. (vi) The City shall not release any information unless directed to do so by the Attorney General. ARTICLE IH. FEES 3.01 Fees. (a) Generally. During the Term, City shall pay BFI the Fee for all waste received at the Landfill. (i) For purposes of deterrmning the amount due BFI from City, City shall provide BFI with a detailed hsting of all transactions at the Landfill within five Business Days after the end of each calendar month, with such listing being sufficient to show the monthly tonnage upon which the Fee for the month is based. BFI shall provide City with a bill based on such listing within five Business Days after receipt of the listing from City. Fee payments shall be due by the last Bus~ness Day of the month following the calendar month in which the waste was received at the Landfill. (ii) After reasonable advance notice given to City, City shall permit BFI's designated representatives to have access to the Landfill records, during Waste Acceptance Hours and at BFI's expense, for inspection and copying of City's books and records pertaining to the determination of the tonnage in question. (iii) The Fee shall not apply to up to 2,000 tons of waste per year from special events to be designated by City. The parties may increase this volume for any particular year by mutual agreement. 12 (b) Section 2.02(b) Fee. The Fee applicable to Services provided during extended hours requested by City pursuant to Section 2.02(b) shall be governed by Section 2.02(b), and is not the amount set forth in Section 3.01(a). 3.02 Annual Adjustment of Fee. The Fee shall be increased or decreased annually, commencing on the first anniversary of the Effective Date and on that same date for each subsequent year during the term of this Agreement, by the greater of the percentage increase or decrease, if any, in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor, All Items, for urban wage earners and clerical workers for the South Urban area. 3.03 Volume-Based Adjustment of Fee. (a) Minimum Tonnaae. (i) The Fee is based upon a minimum tonnage into the Landfill of 400,000 tons per year. (ii) If the tonnage for any Contract Year is less than 400,000 tons, City shall pay BFI, within one month after the end of such Contract Year, an amount equal to the Fee multiplied by the number of tons less than 400,0~0 for such Contract Year. Notwithstanding the foregoing, however, the minimum tonnage required by Section 3.03(a)(i) and the preceding sentence is 375,000 tons for the first year that the Cefe Landfill accepts waste. (iii) The minimum tonnage under this Agreement, as specified in Sections 3.03(a)(i) and 3.03(a)(ii), includes the tonnage of waste that BFI (or its Affiliate) is required to deliver to the Landfill under the applicable one of the separate waste disposal agreements attached as Exhibit C. (iv) If any Governmental Authority enacts a mandatory recycling Law applicable to the City that reduces the volume of waste that the City is able to direct to the Landfill, then: (A) the parties shall negotiate in good faith an appropriate reduction of the minimum tonnage required by Section 3.03(a)(i) with such reduction to be based on the recycling volumes being collected; (B) the parties shall negotiate in good faith an appropriate reduction of the tonnage of waste that BFI (or its Affiliate) is required to deliver to the Landfill under the applicable one of the separate waste disposal agreements attached as Exhibit C; and (C) the parties shall negotiate in good faith an arrangement pursuant to which BFI (or its Affiliate) is entitled to receive all waste within the City that is diverted for recycling. (b) Maximum Tonnaec. (i) 1,700 tons per day. The Fee is based upon a maximum tonnage into the Landfill of (ii) If for four days dunng any calendar month the tonnage into the Landfill equals or exceeds 1,700 tons per day, the Fee is $10.92 per ton for each ton over 13 1,700 tons per day rather than $6.92 per ton all days in such month (including the first four days) where the tonnage into the Landfill equals or exceeds 1,700 tons per day; provided, however, that the Fee is $9.92 per ton for each ton over 1,700 tons per day rather than $10.92 per ton if the tonnage averages at least 2,200 tons per day for ail such days where the tonnage into the Landfill equals or exceeds 1,700 tons per day. (iii) Notwithstanding Sections 3.03(b)(i) and 3.03Co)(ii), City may g~ve BFI 30-day written notice of City's intent to increase the tonnage to more than 1,700 tons per day for at least one year and, if such notice is given: (A) the Fee reverts to $6.92 per ton during the period specified in City's notice; (B) at the end of each month dunng the period specified in City's notice, in addition to the Fee owed for tonnage into the Landfill, City shall pay BFI the Fee multiplied by the number of tons deficient for the month; and (C) the provisions in Sections 3.03(b)(i) and 3.03(b)(ii) again apply if after the completion of the period specified in City's original notice, City gives BFI 30-day written notice that of City's intent to decrease the tonnage to less than 1,700 tons per day. 3.04 Adjustment of Fee for Change in Laws, Permit or Plan. BFI shall have the fight to increase the Fee from time to time to cover any increase in its costs to provide the Services as a result of a change in any applicable Laws, in the Permit or in the Plan. Any such increase shall be effective upon one month's written notice by BFI to City, unless City objects in writing to such increase (with City not to unreasonably object). ARTICLE IV. IMPROVEMENTS AND OWNERSHIP 4.01 Ownership of Improvements and BF1 Facility and Equipment. Title to all improvements to the Landfill (including those pursuant to Section 4.02 and the office trailer pursuant to Section 2.02(g)) shall remain the property of City, subject to the rights of BFI to use such improvements as set forth in this Agreement. Notwithstanding the foregoing, however, BFI may bring the BFI Equipment and the BFI Facility onto the Landfill, and such BFI Equipment and BFI Facility shail be the property of BFI and may be removed by BFI at any time. 4.02 Improvements. (a) By City. Without first consulting with BFI, City shall not alter, add to or improve the improvements or the Landfill if the same would (a) increase BF['s costs of providing the Services, or (b) adversely affect the structural integrity, size, overall capacity or daily capacity of the Landfill. In addition, if City does any of the same and it increases BFI's costs of providing the Services, BFI shall have the right to increase the 14 Fee from time to time to cover such increase in its costs. Any such increase shall be effective upon one month's written notice by BF1 to City, unless City objects in writing to such increase (with City not to unreasonably object) (b) By BF1. Without the prior written consent of City, during the Term BFI shall not alter, add to or improve the improvements or the Landfill without the prior written consent of City. To assist City in determining whether to grant such consent, BFI shall submit the plans and specifications for any desired alteration, addition or improvement to City for review. If City consents to the alteration, addition or improvement, then BFI shall obtain all required permits for the construction and the construction shall be subject to inspection by City and its designated representatives. The cost of any alteration, addition or improvement constructed by BFI shall be borne by BFI; provided, however, that City shall promptly reimburse BFI for any of the same that are included within City's Responsibilities. ARTICLE V. ASSIGNMENT 5.01 Assignment. BFI may assign this Agreement or any portion thereof upon first obtaining the prior written consent of City acting through its City Counsel, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, BFI may without notice to or consent of City, collaterally assign the Agreement to any lender to BFI or any of its Affiliates. City may, upon written notice to BFI but without BFI's prior written consent, assign all or any portion of this Agreement for any lawful purpose; provided, however, that such assignment shall not relieve City of any obligation under this Agreement without the consent of BFI. 5.02 Release of BFI's Liability. If an assignment of this Agreement shall be made by BFI or any successor of BFI, the assignee shall be subject to the same terms and conditions contained in this Agreement, and BFI or any successor herein so assigning and conveying shall thereafter be forever released and discharged from this Agreement and from the agreements and covenants contained in this Agreement if the assignee covenants to assume all obligations and duties of BFI under this Agreement. ARTICLE VI. INSURANCE; INDEMNITY 6.01 Insurance. (a) Generally. BFI shall secure and maintain at BFI's expense, during the Term, insurance of the type and with the amount of coverage shown on the attached Exhibit D, which is incorporated in this Agreement by reference. (b) Certificate of Insurance. At least ten Business Days prior to the commencement of any Services at the Landfill, BFI shall furnish an original completed Certificate(s) of Insurance to the Director, which have been completed by an agent 15 authorized to bind the named underwriter(s) and their company to the coverage, limits, and terrmnation provisions shown on the Certificate(s) of Insurance, and which furnish and contain all required information referenced or indicated on the certificate(s). (i) The original certificate(s) must have the agent's signature, including the signer's company affiliation, title, and phone number, and be mailed directly from the agent to the Director. (ii) City has no duty to pay or perform under this Agreement until the certificate(s) have been delivered to the Director, and no officer or employee, other than City's Risk Manager or City Manager, have authority to waive this requirement. (c) City reserves the right to review the insurance requirements of this Section during the effective period of this Agreement and any extension or renewal of this Agreement and to modify insurance coverage requirements and their limits when deemed necessary and prudent by the Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement. (d) BFI's financial integrity is of interest to City, therefore, subject to BFI's right to maintain reasonable deductibles in such amounts as are approved by City's Risk Manager, BFI shall obtain and maintmn in full force and effect for the duration of this Agreement, and any extension of this Agreement, at BFI's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and rated B+ or better by A.M. Best Company and/or otherwise acceptable to City. (e) BFI may not allow any subeontmctor to commence work until all worker's compensation insurance required of the subcontractor has been acquired. BFI shall see that subcontractors have acquired insurance, otherwise, the payment of monthly Fees under Section 3.01 to BFI will be placed on hold until subcontractor(s) comply with insurance requirements. (f) BFI agrees that with respect to the above required insurance, all insurance contracts and Certificate(s) of Insurance will contain the following required provisions. (i) Show City (C~ty, for this purpose, is defined as the municipal corporation, its elected officials, officers, directors, employees, agents, and representatives) as additional insureds (as the interests of each insured may appear), as to all applicable coverages respects operations and activities of, or on behalf of, the named insured performed under Agreement with City, for the commercial general liabihty coverage. (ii) BFI's insurance must be deemed primary with respect to any insurance or self insurance carned by City for liability arising out of operations under the Agreement with City. (iii) Workers' compensation and employers' liability policy must provide a waiver of subrogation in favor of City except for the sole negligence of City. 16 (iv) BFI's Insurance Representative shall notify City, in writing, in the event of any notice of cancellation, non-renewal, or material change in coverage. (A) The written notice of any notice of cancellation or non- renewal must be given not less than thirty (30) days prior to the cancellation or non- renewal. (B) The written notice of any cancellation due to non-payment of premiums must be given not less than ten (10) days prior to the cancellation for non- payment of premiums. (C) The written notice for cancellation due to non-payment of premiums must be accompanied by a replacement Certificate of Insurance or Reinstatement Notice of Coverage. (D) All written notices under this subsection shall be given to City at the following address: City of Corpus Christi Director, Solid Waste & Street Services 2525 Hygeia Street P.O. Box 9277 Corpus Christi, Texas 78469-9277 (g) If BFI fails to maintain the insurance coverage required by this Section and Exhibit I~, or fails to secure and maintain the required endorsements, City may obtain such insurance, and deduct and retain the amount of the premiums for the insurance from any sums due under the Agreement. (i) However, procuring of insurance by City is an alternative to other remedies City may have, and is not the exclusive remedy for failure of BFI to maintain the insurance or secure an endorsement. (ii) In addition to any other remedies available, City may require BFI to stop Services under this Agreement, or to withhold any payment(s) which become due and payable to BFI under this Agreement, until BFI demonstrates compliance with the requirements of this Section. (h) Nothing in this Section may be construed as limiting in any way the extent to which BFI may be held responsible for payments of damages to persons or property resulting from BFI's or its subcontractors' performance of the Services under this Agreement (i) City may declare BF1 in default of this Agreement if more than 30 days have elapsed since original date of requested insurance documents. (j) If BFI's worker's compensation insurance coverage for its employees working at the Landfill is terminated or cancelled for any reason, and replacement 17 worker's compensation insurance coverage meeting the requtrement~ of this Agreement is not in effect on the effective date of cancellation of the worker's compensation insurance coverage to be replaced, then any BFI employee not covered by the required worker's compensation insurance coverage may not perform any Services at the Landfill. (k) In accordance with other requirements of this Agreement, BFI may not permit subcontractors or others to work at the Landfill, unless all individuals working at the Landfill are covered by worker's compensation insurance and unless the required documentation of such coverage has been provided to BFI and the D~rector. (1) (i) In the event of an accident resulting from the Services or occurring on the portion of the Landfill on which BFI is providing the Services, BFI shall: (A) promptly provide the City with a brief description of the accident, including the date of the accident and the persons involved; and (B) furnish the City with copies of all non- confidential reports to any independent third parties relating to the accident at the same t~me that such reports are forwarded to such independent third parties. Independent third parties shall not include BFI or its Affiliates' employees, agents, insurers, attorneys or other representatives, and in no event shall BFI be obligated to provide any internal report, any report that is privileged or constitutes attorney work product, or any report that is not forwarded to an independent third party. It shall be BFI's primary responsibility for immediately notifying the carriers of any or all insurance under this Agreement in the event of a known loss or claim presented to BFI by the City or a third party and resulting from the Services or occurring on the portion of the Landfill on which BFI is providing the Services. (ii) In the event of an accident resulting from the City's Responsthilities or occurring on the portion of the Landfill on which the City is performing the City's Responsibilities, the City shall: (A) promptly provide BFI with a brief description of the accident, including the date of the accident and the persons involved; and (B) furnish BFI with copies of all non-confidential reports to any independent third parties relating to the accident at the same time that such reports are forwarded to such independent third parties. Independent third parties shall not include the City or its employees, agents, insurers, attorneys or other representatives, and tn no event shall the City be obligated to provide any internal report, any report that is privileged or constitutes attorney work product, or any report that is not forwarded to an independent third party. It shall be the City's primary responsibihty for immediately notifying the carriers of any or all ~nsurance under this Agreement in the event of a known loss or claim presented to the City by BFI or a third and resulting from the City's Responsibilities or occurring on the portion of the Landfill on which the City is performing the City's Responsibilities (m) BFI shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: "In the event of cancellation, each insurer covenants to mail prior written not~ce of cancellation to: 18 "1. Name: City of Corpus Christi Director, Solid Waste & Street Services "2. Address: 2525 Hygeia Street P.O. Box 9277 Corpus Christi, Texas 78469-9277 "3. Number of days advance notice: 30" (n) At least ten Business Days prior to the commencement of any Services at the Landfill under this Agreement, BFI shall provide the Director wtth a certificate of insurance certifying that BFI provides worker's compensation insurance coverage for all employees of BFI employed at the Landfill under this Agreement. (o) BFI shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that City is an addittonal insured under the insurance policy. The City need not be named as additional insured on worker's compensation coverage. 6.02 Indemnification. (a) BFI agrees to indemmfy, defend and hold the City Indemnified Parties harmless from and against any and all Losses (and BFI shall bear the cost of one firrn of attorneys selected by BFI, but reasonably satisfactory to the City Attorney, in connection with such defense) paid, incurred or suffered by City Indemnified Parties to the extent resulting from or incident to, arising out of, caused by, or in any way connected with, either proximately or remotely, wholly or in part: ( i) BFI's performance under this Agreement; (ii) BFI's use of the Landfill and any and all activities associated with BFI's use of the Landfill under this Agreement; (iii) The violation by BFI, its officers, employees, agents, or representatives of any Law pertaining, directly or indirectly, to this Agreement; (iv) The exercise by BFI of its rights under this Agreement; (v) Any intentional or negligent act or omission act or omission on the part of BFI, its officers, employees, agents, or representatives pertaining to th~s Agreement; or (vi) Any breach of the representations, warranties or covenants of BFl in this Agreement. 19 The obligation to defend includes the obligation to investigate and settle or otherwise dispose of third party claims. (b) Notwithstanding the foregoing, however, City acknowledges and agrees that BFI shall have no responsibility or liability with respect to: (i) Any Release or Handling of Hazardous Materials or violation of Environmental Laws (other than those caused by the negligent act or omission of BFI); or (ii) Any Environmental condition existing at, on, under or above the Landfill (including those relating to soil and groundwater contamination, on-site waste placement, air emissions, etc.), except to the extent caused by the intentional or negltgent act or omission of BFl. ARTICLE VII. REPRESENTATIONS, WARRANTIES AND COVENANTS 7.01 Representations, Warranties and Covenants of City. City makes the following representations, warranties and covenants to, with and for the benefit of BFI, its successors and assigns: (a) City is a home rule municipal corporation duly organized and vahdly existing under the Laws of the State of Texas with full legal right, power, and authority to enter into and perform its obligations under this Agreement. (b) City has fully authorized the execution and delivery of this Agreement and has duly executed and delivered this Agreement. This Agreement constitutes legal, valid and binding obligations of City, enforceable against City in accordance with its terms. (c) No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution, delivery and performance of this Agreement by City, except such as have been duly obtained or made. (d) City has made available to BFI all engineering, geologic and other similar reports, documentation, plats and maps in its possession or control relating to the Landfill and that would affect the provision of the Services by BFI. (e) No encumbrance with respect to Environmental liability has been imposed against City or the Landfill under any Environmental Law or other applicable Law, and no facts or ctrcumstances exist which would give rise to the same. Further, no portion of the Landfill ~s listed on the CERCLIS list or the National Priorities List of Hazardous Waste Sites or any other similar list maintained by any Governmental Authority, and City: (i) is not listed as a potentially responsible party with respect to the Landfill or as a 20 result of the operation by any Person of the Landfill under any Environmental Law or other applicable Law; (ii) has not received a notice of such listing; and (iii) has no knowledge of any facts or circumstances which could give rise to such a listing. (f) Except as disclosed on Exhibit E, any underground or above-ground storage tanks, and piping associated with such tanks, containing Hazardous Materials, petroleum products or wastes or other hazardous substances regulated by 40 CFR 280 or other Environmental Law or other applicable Law located at the Landfill have been used and maintained in material compliance with all Environmental Laws or other applicable Laws (g) The Landfill is fully licensed, permitted and authorized to carry on its current and contemplated business under the Permit, all Environmental Laws and all applicable Laws (including zoning and land use requirements). City has furnished BFI with a true and complete copy of the Permit, Permit applications, and subsequent amendments to the Permit. All records and correspondence between City and the Texas Department of Health and the TCEQ are of public record and available in Austin, Texas. (h) City knows of no reason that might be the basis for the revocation or suspension of any of the Permit or any o1' the Landfill's other permits, licenses, zoning variances or other approvals. (i) No action is pending or, to the best of City's knowledge, threatened, against City or any other Person relating to the Landfill or the transactions contemplated by this Agreement, at Law or in equity. City has not received notice of any of the above, and, to the best of City's knowledge, no facts or circumstances exist which would give rise to any of the foregoing. (j) BFI has adopted a Drug Free Workplace and drug testing policy that applies to BFI's employees at the Landfill, which substantially conforms to or exceeds the requirements in the City's policy. 7.02 Representations, Warranties and Covenants of BFI. BFI makes the following representations, warranties and covenants to, with and for the benefit of City, its successors and assigns: (a) BFI is a linuted partnership duly organized and validly existing under the Laws of the state of its organization with full legal right, power, and authority to enter into and perform its obligations under this Agreement. (b) BFI has fully authorized the execution and delivery of this Agreement and has duly executed and delivered this Agreement. This Agreement constitutes legal, valid and binding obligations of BFI, enforceable against BFI in accordance with its terms. (c) No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution, delivery and performance of this Agreement by BFI, except such as have been duly obtained or made. 21 (d) BFI shall not use the Landfill for any purpose other than providing the Services or as otherwise contemplated in this Agreement without City Manager's prior written approval. (e) BFI shall not incur any debts or obligations on the credit of City during the Term. (f) BFI shall not permit any mechanic's lien, materialman's lien, personal property tax lien, or any other lien to become attached to the Landfill, or any part or parcel of the Landfill, or the improvements on the Landfill, by mason of any work or labor performed by any mechanic, materials furnished by any materialman, or for any other mason. (g) BFI shall not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the Landfill without City's prior written approval. City may require BFI to remove, repaint, or repair any signs allowed within one month after City's written demand to do so. (h) BFI will not discriminate nor perrmt discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the landfills, on the grounds of race, religion, national ofig/n, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. BFI acknowledges City reserves the right to take the action as the United States may direct to enforce this covenant. (i) BFI has adopted company wide drag and violence policies that apply to BFI's employees at the Landfill. BFI agrees to implement work rules at the Landfill that will substantially conform to or exceed the requirements in the City's Violence in the Workplace Policy. (j) BFI shall pay City in a lump sum payment concurrently with BFI's commencement of the Services for all equipment that BFI will purchase from City, with the equipment and the prices for such equipment listed on Exhibit F; provided, however, that BFI shall have no obligation to purchase any such equipment that C~ty does not maintain according to the manufacturers' specifications between November 24, 2004 and such commencement of the Services, and that the lump sum price shown on Exhibit F shall be reduced accordingly for any piece(s) of equipment that am not purchased pursuant to this proviso. (k) BFI acknowledges that it shall make its own analysis of the condition of the Landfill and that it is accepting the Landfill in its "AS IS" condition. Notwithstanding the foregoing, however, BFI does not assume, and hereby disclaims, any liability for which it has no obligation or liability pursuant to Section 6.02. ARTICLE VIII. 22 DEFAULT 8.01 Default by City. Any one or more of the following events shall constitute an Event of Default by City under this Agreement: (a) City fails or refuses to pay any money or perform any indemnity or other act which it is obliged to pay or perform under this Agreement which is not cured by City within one month after receipt of written notice from BFI; provided, however, that if such default is of such a nature that it cannot be reasonably cured or remedied within such one month period, but City shall have in good faith commenced curing or remedying such default within such period and shall thereafter diligently proceed therewith to completion, the default shall not be an Event of Default until the expiration of any such reasonable period, which, in no event, shall extend longer than four months after receipt by City of such notice; (b) City files for protection under the US Bankruptcy Code and fails to make payments when due to BFI; or (c) Any material representation or warranty made by City to BFI herein is false, incorrect or misleading. 8.02 BFI's Remedies. Upon or after the occurrence of any Event of Default specified in Section 8.01, BFI tnay, at its option, do any or all or any combination of the following: (a) Perform at City's expense any such act required to be performed by City under the Agreement and any amounts advanced by BFI for such purposes shall be due from City to BFI within one month after not~ce by BFI to City of any such payment, with interest at the prime interest rate on the date of the default from the date of payment thereof by BFI until repayment thereof to BFI by City. (b) Terminate this Agreement. (c) Pursue against City any remedy available at Law or in equity. 8.03 Default by BFI. Any one or more of the following events shall constitute an Event of Default by BFI under this Agreement: (a) BFI fails to commence the Services within three months after the Effective Date; (b) BFI completely ceases to provide the push, pack and cover Services for a continuous period of 24 hours after the Services have commenced and fails to provide an alternative disposal facility that will accept the waste (from both City and City's Landfill customers) at a rate per ton to City equal to the then current Fee less the documented increase in City's costs resulttng from disposing at the alternate disposal facihty rather than the Landfill (as such increased costs are offset by any documented decrease in City's costs resulting from disposing at the alternate disposal facility rather than the Landfill); 23 (c) BFI fails to maintain the insurance required by Section 6.01; (d) BFI (or its affiliate) fails to either deliver the volume required by the applicable one of the separate waste disposal agreements attached as Exhibit B or to pay for any deficient volume as required by such agreement, and such default constitutes grounds for termination under such agreement; (e) BFI fails or refuses to pay any money or perform any indemnity or other act which it is obliged to pay or perform under this Agreement which is not cured by BFI within five Business Days after receipt of written notice from City Manager; provided, however, that ff such default shall be of such a nature that it cannot be reasonably cured or remedied within such five Business Day period, but BFI shall have in good faith commenced curing or remedying such default within such period and shall thereafter diligently proceed therewith to completion, the default shall not be an Event of Default until the expiration of any such reasonable period, which, in no event, shall extend longer than the period agreed to by the parties or, if the parties are unable to agree on such a period, four months after receipt by BFI of such notice; (f) BFI files for protection under the US Bankruptcy Code and fails to make payments when due to City; or (g) Any material representation or warranty made by BFI to City herein is false, incorrect or misleading. 8.04 City's Remedies. Upon or after the occurrence of any Event of Default specified in Section 8.03, City may, at its option, do any or all or any combination of the following: (a) Perform at BFI's expense any such act required to be performed by BFI under the Agreement and any amounts advanced by City for such purposes shall be due from BFI to City within one month after notice by City to BF1 of any such payment, with interest at the prime interest rate on the date of the default from the date of payment thereof by City until repayment thereof to City by BFI. (b) Terrmnate this Agreement. (c) Pursue against BFI any remedy (other than termination of this Agreement) available at Law or in equity. 8.05 Force Majeure. (a) Generally. No party to this Agreement shall be liable for delays or failures in performance due to any cause beyond their control, including any delays or failures in performance caused by strikes, lockouts, fires, acts of God or the public enemy, common carrier, severe inclement weather, terrorist acts, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. BFI shall inform City in writing of proof of the force majeure within three Business Days or otherwise waive this right as a defense. 24 (b) Exceptions. With respect to a flood, hurricane, other act of God, or man- made event over which BFI has no control, Section 8.05(a) shall apply only during the existence of such event and shall not apply with respect to the need to handle any increased volume of waste that may result from the event. Further, if BFI cannot provide Services at the Landfill because of such a force majeure event or a strike or a lockout: (i) BFI shall provide an alternative d~sposal facility that wdl accept the waste (from both City and City's Landfill customers) it is authorized to accept during such force majeure event at a rate per ton to City equal to the then current Fee; and (ii) the parties shall offset against such disposal rate the documented increase in City's costs resulting from disposing at the alternate disposal facility rather than the Landfill (as such increased costs are offset by any documented decrease in City's costs resulting from disposing at the alternate disposal facility rather than the Landfill). 8.06 Performance Bond. (a) During the Term, BFI shall provide City with an annually-renewable Performance Bond in the initial amount of $2,768,000. Such amount shall be adjusted on each five-year anniversary of the Efl'ective Date to be an amount equal to the then current Fee multiplied by 400,000. (b) The Performance Bond shall guarantee the full and faithful execution of the Services and performance of the Agreement by BFI. (c) The Performance Bond must provide for the repair and maintenance of all defects due to faulty workmanship that appear within a period of one year from the date of completion and acceptance of the services by City (d) No surety will be accepted by City from any Surety Co~npany who is now in default or delinquent on any bonds or who has an interest in any litigation against City. (e) The Performance Bond must be issued by an approved Surety Company authorized to do business in the State of Texas. (f) If the Performance Bond is in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. (g) The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. (h) For purposes of this Section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. (i) The Surety must designate an agent who is a resident of Texas. 25 (j) The Performance Bond must be executed by BFI and the Surety. (k) The Performance Bond must be executed by a Surety Company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. (I) The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was ~ssued. (m) Should any surety on the Agreement reasonably be deterrmned unsatisfactory at any time by City, notice will be given BFI to that effect, and BFI shall immediately provide a new surety reasonably satisfactory to City. (n) No payment will be made under tlus Agreement until the new surety, or sureties as required, has qualified and been accepted by City (o) This Agreement may not be operative nor will any payments be due or paid until approval of the Performance Bond has been made by City. (p) City requires that any Power of Attorney submitted with any Performance Bond be signed with an original signature and properly dated and sealed. (q) In the event a facsimile Power of Attorney is used, City must have on file a sworn statement from an officer of the surety company to the effect that the agent who signs the bond form for the surety is currently in good standing with the surety. (r) In the event a facsimile Power of Attorney is used, the facsimile must be a true copy of the original Power of Attorney on file among the records of the surety in its home office, not be anaended or abridged, still be in full force and effect, and that City will be notified in the event of cancellation of the particular agent. (s) The Performance Bond shall provide that any subsequent contractor used by the bonding company in the event of a default by BFI that results in the bonding company commencing performance of the Services shall be subject to City's approval, which approval shall not be unreasonably withheld. ARTICLE IX. MISCELLANEOUS 9.01 Relationship. (a) No Agency. Neither BFI nor City nor their respective employees, agents, contractors or guests shall be considered employees or agents of the other party or to have been authorized to incur any expense on behalf of the other party or to act for or to bind the other party. 26 (b) No Liability. Neither BFI nor City shall be liable for any acts, omissions or negligence on the part of the other party or its employees, agents, contractors or guests, resulting in either personal injury or property damages. (c) Indevendent Contractor. City and BFI shall not be construed to be landlord and tenant, partners, joint venturers, tenants in common or joint tenants. The relationship created hereby is solely a contractual relationship of an independent contractor, and this Agreement must be construed conclusively in favor of that relationship. BFI has exclusive control of and the exclusive right to control the details of its performance of the Services and all persons performing the same. (d) Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and BFI and BFI's employees, agents, contractors and guests. (e) Operator. City shall at all times be deemed to be the "operator" of the Landfill within the meaning of all Environmental Laws and other Laws, and BFI shall in no event be deemed to be the "operator" of the Landfill (including ff BFI performs any acts pursuant to Section 8.02(a). 9.02 Title to Landfill. BF1 has no possessory or other right, title, interest or estate in the Landfill other than the rights granted to it under this Agreement, and BFI shall in no event be deemed to have any ownership, leasehold or possessory right in or control over the Landfill. BFI acknowledges that: (i) City does not warrant City's title to the Landfill; (ii) this Agreement and the rights and privileges granted BFI under this Agreement are subject to all covenants, conditions, restrictions, and exceptions of record or apparent; and (iii) nothing contained in this Agreement may be construed to imply the conveyance to BFI of rights in the Landfill that exceed those owned by City. 9.03 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. 9.04 Severability. (a) If, for any reason, any section, paragraph, subdivision, clause, provision. phrase, or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future Law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, wall not be affected by the Law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. (b) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future Law effective during the Term, then the remainder 27 of this Agreement is not affected by the Law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 9.05 Amendment. This Agreement may not be amended except by a written instrument executed by each party to this Agreement acting through a person authorized to sign agreements on behalf of such party (which, in the case of City, shall be the Director or City Manager. 9.06 Notices. All notices or other communications required or permitted under this Agreement by either party must be in writing and must be given by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, by overmght courier, prepaid, or by delivering the same in person to such party, addressed as follows: To City: Director of Solid Waste & Street Services The City of Corpus Christi 2525 Hygeia Street P.O. Box 9277 Corpus Christi, Texas 78469-9277 To BFI: By Mail BFI Waste Services of North America, Inc. P.O. Box 9236 Corpus Christi, Texas 78469 Attn: General Manager or By Overnight Delivery or Personally Delivery BFI Waste Services of North America, Inc. 4414 Agnes Street Corpus Christi, Texas 78405 Attn: General Manager In either case with a copy to: Allied Waste Industries, Inc. 15880 North Greenway-Hayden Loop Suite 100 Scottsdale, Arizona 85260 Attn: Corporate Secretary 28 Notice shall be deemed given and effective the day personally delivered, the Business Day after it is given to the overnight courier, subject to signature verification, and two Business Days after deposit in the U.S. mail of a writing addressed and sent as provided above. Either party may change the address for notice by notifying the other party of such change in accordance with this Section. 9.07 Waiver. No delay of or omission in the exercise of any right, power or remedy accruing to either party as a result of any breach or default by the other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of or in any similar breach or default occurring later. No waiver of any single breach or default shall be deemed a waiver of any other breach or default occurring before or after that waiver. 9.08 Entire Agreement. This Agreement is the final, complete and exclusive statement of the agreement between the parties with relation to the subject matter of this Agreement. There me no oral representations, understandings or agreements covering the same subject matter as this Agreement. This Agreement supersedes and cannot be varied, contradicted or supplemented by evidence of, any prior or contemporaneous discussions, correspondence, or oral or written agreements or arrangements of any kind. 9.09 Counterparts. This Agreement may be executed in two or more original or facsimile counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 9.10 Further Assurance. The parties each agree to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action as shall be necessary or desirable to fully carry out this Agreement and to fully consummate and effect the transactions contemplated hereby. 9.I1 No Third Party Beneficiary. This Agreement is not intended to give or confer any benefits, rights, privileges, claims, actions or remedies to any Person, including the public, as a third party beneficiary, under any Laws or otherwise. 9.12 Dispute Resolution. (a) Mediation. If a dispute arises out of or relates to this Agreement, the relationships that result from this Agreement, the breach of this Agreement or the validity or application of any of the provisions of this Section 9.12, and, if the dispute cannot be settled through negotiation, the parties agree to submit the dispute to mediation prior to commencing litigation. The parties will attempt in good faith to agree on a neutral mediator to resolve the dispute. The mediation will follow the procedures set forth in the American Arbitration Association Commercial Mediation Rules. If the parties cannot agree on a mediator within 20 days after mediation has been demanded, they will submit the dispute for mediation to be administered by the American Arbitration Association under the Commercial Mediation Rules before resorting to litigation. Neither party may commence or pursue arbitration until this non-binding mediation has been conducted and concluded. The parties agree that, upon initiating mediation, they will agree with the 29 mediator on a t~me at least five days before the mediation to submit and exchange with one another detailed position papers. The position papers shall include a factual recitation of the dispute, each party's position on the facts and the law, the party's assessment of the likely outcome and its/their position on settlement. Each party will bear its own expenses incurred (including attorneys' fees) in connection with the mediation, and will equally share the mediator's fees and expenses. (b) Arbitration_ If the parties are unable to resolve their dispute by mediation, after the unsuccessful conclusion of any such mediation, the parties agree to resolve the dispute exclusively through binding arbitration administered by the American Arbitration Association under the Commercial Arbitration Rules. Either party may submit the dispute to such arbitration. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. Any such dispute shall be submitted to three arbitrators selected pursuant to the provisions of the American Arbitration Association Commercial Arbitration Rules; provided, however, that each party shall select one arbitrator and the two arbitrators so chosen shall select thc third arbitrator. Tkis arbitration agreement applies regardless of the claims or causes of action alleged. The arbitrators' award will be final and binding, but in no event can an award exceed the amount of direct compensatory damages actually incurred by the claiming party, and no party can recover for anything other than the benefit of the bargain under the agreement. The parties further agree that no punitive or exemplary damages can be considered or awarded by the arbitrators. (c) Arbitration Rules. The parties agree that the American Arbitration Association Commercial Arbitration Rules are modified as follows: the procedures set forth in the Federal Rules of Civil Procedure applicable in the State of Texas will govern the arbitration, including those relating to disclosures and listing of witnesses and exhibits, initiation and completion of discovery, and disposit~ve motions_ The parties agree that any arbitration conducted in this case shall be held in Austin, Texas. All proceedings in the arbitration will be governed by the substantive laws of the State of Texas. (d) Fees and Costs. Should any arbitration be commenced under this Agreement, each party (whether the successful party or not) shall bear its own attorneys' fees, expert witness fees, arbitration related expenses, and court or other costs incurred in such arbitration. (e) Waiver of Sovereign Immunity. City waives any sovereign immunity it may have with respect to this Agreement, including any arbitration relating to a breach of this Agreement. 9.13 Expenses. BFI will pay the fees, expenses and disbursements of BFI and its representatives incurred in connection with this Agreement. City will pay the fees, expenses and disbursements of City and its representatives incurred in connection with this Agreement. 30 9.14 No Brokers. City represents and win'rants to BFI and BFI represents to City that the warranting party has had no dealings with any broker, agent or other Person so as to entitle such Person to a commission or fee in connection with the transactions contemplated by this Agreement. If for any mason a commission or fee becomes or is claimed to be due with respect to dealings by City, City shall indemnify and hold harmless BFI from all Losses relating to such claim. If for any reason a commission or fee becomes or is claimed to be due with respect to dealings by BFI, BFI shall indemnify and hold harmless City from all Losses relating to such claim. 9.15 Estoppel. From time to time within 20 days after request therefor by either of the parties, City or BFI shall deliver to the other party a certificate stating: (a) whether or not this Agreement is in full force and effect; (b) whether or not this Agreement has been modified or amended in any way and attaching a copy of such modification or amendment; (c) whether or not there are any existing defaults under this Agreement to the knowledge of the party executing the certificate, and specifying the nature of such defaults, if any; (d) the status of payments required by this Agreement; and (e) any other facts regarding the operation of the Agreement that the other party may reasonably request. 9.16 Survival. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations under this Agreement that: (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Agreement. 9.17 Binding Effect. This Agreement shall be binding upon and inure to the benefit of, to the extent provided herein, City and BFI and all parties having or acquiring or claiming through City and BFI any right, title or interest in or to any portion of, or interest or estate in, the Landfill and all covenants, agreements, conditions and undertakings in this Agreement shall be construed as covenants running with the Landfill site. Notwithstanding the foregoing, however, BF1 acknowledges and agrees that this Agreement is not binding on City until properly authorized by City's City Council and executed by the Director or City Manager. [Signatures Appear on Next Page] 31 IN !WITNESS VOIEREOF, and with the intent to be legally bound, the parties have caused this instrument to be executed as of the Effective Date. ATYEST: CITY The City of Corpus Christi Clerk APPROVED AS TO FORM: By: Name: George K. Noe Its: City Manager BFI BFI Waste Services of North America, Inc. By: Its: 32 EXHIBIT A Rates for Additional Work Not Specified in Agreement Item Rate Per Hour~ Trash compactor $200 D7 or D8 dozer $200 D6 dozer $150 Excavator $150 Articulated dump truck $150 Loader and backhoe $100 Motor grader $125 Includes operator, fuel, oil and maintenance/repair of equipmenL EXHIBIT B Displaced Employees Positions being considered for BFI job offer due to landfill contract 1 2 2 Position Incumbent LF Finn L Perea Hvy Equip Opr J. Bazan R. Adame Sr Equip Opr G. Quintero J. Whitby 1 LF Opr R. Palacios 1 Sr Equip Mech O. Suarez 8 Santy Fill Attndt J. Luna J. Bennett F. Vallejo M. Cerda J. Gomez V. Ayson D. Jones S Limon I Sr Staff Asst P. delaGarza 16 Vac Accrual as o! Grade Hire Date Salary 12/08/04 918 5/13/1985 $35,763.89 600.57 917 6/14/1988 $32,081.57 277.64 917 1/28/2002 $30,905.48 16.07 916 5/13/1985 $26,535.58 291 31 916 4/14/1997 $24,320.51 118.64 914 4/22/2002 $20,376.90 8.08 916 2/3/1986 $37,244.92 260.45 913 1 i/4/1992 $18,524.69 69.27 913 7/24/1995 $23,093.26 207 26 913 11/10/1997 $18,524.69 49.6 913 3/5/2001 $18,524.69 162.45 913 4/22/2002 $18,524.69 1 l 7.08 913 2/23/2004 $18,524.69 67.69 913 2/23/2004 $18,524.69 67.69 913 2/23/2004 $18,524 69 67.69 912 2/5/1997 $20,855.96 229.61 Totals $380,850.90 261 l. 1 EXHIBIT C Waste Disposal Agreements WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BFI WASTE SYSTEMS OF TEXAS, L.P. N ewP u torPayforB FlcontraclrF020720051 .do~ Article 1 2 3 4 5 6 7 8 9 10 11 12 13 14 TABLE OF CONTENTS Subject Page Number General Provisions .................................................................................... 1 Acceptable Waste ...................................................................................... 6 Fees ........................................................................................................... 7 Billing and Payments ................................................................................. 7 Landfill Procedures .................................................................................... 8 Assignments ............................................................................................ 10 Insurance ................................................................................................. 10 Indemnification ........................................................................................ 11 Governmental Regulation ........................................................................ 13 Suspension for Force Majeure ................................................................. 13 Liquidated Damages and Default ............................................................ 14 Representation and Warranties ............................................................... 16 Governing Law and Venue ...................................................................... 17 Miscellaneous Provisions ........................................................................ 17 N ewPutor PayforB Flcon [ract[i rO20720051 .doc WASTE DISPOSAL AGREEMENT This Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ("the City"), and BFI Waste Systems of Texas, L.P. ("Hauler") requires the City to accept, process, and dispose of acceptable solid waste brought by the Hauler to the City's Cefe Valenzuela Municipal Landfill ("Landfill"), with its entrance on County Road 20 in Nueces County, Texas, and requires the Hauler to deliver to the Landfill and pay for the disposal of a minimum volume of acceptable Solid Waste under the terms and conditions of this Agreement. The parties agree to the following: ARTICLE 1. GENERAL PROVISIONS. 1.1. Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means garbage, litter, refuse, rubbish, yard waste, heavy brush, debris, and construction/demolition materials, but does not include hazardous, medical, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq. Bulky items means indoor and outdoor furniture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. Clean wood waste means individual pieces of wood of the type normally sold by lumber yards and home improvement centers that is free of hardware and other large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other construction materials. Coastal Bend Region means Aransas, Bee, Brooks, Duval, Jim Wells, Live Oak, Kenedy, Kleberg, McMullen, Nueces, San Patricio, and Refugio Counties. Construction/demolition materials means waste resulting from construction or demolition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Debris means large waste materials, such as construction/demolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. NewPutorPa, yforSFIcontractr~rO20720051.docPage 1 of 23 Effective date means the first day that the Cefe Valenzuela Landfill is open to accept waste. Force Majeure means any event or condition, whether affecting the Landfill, the City, or the Hauler, that has, or may reasonably be expected to have, a material adverse effect on a party's obligation under this Agreement or on the Landfill, if the event or condition is beyond the reasonable control, based on sound management or industry practices, and not the result of willful or negligent action or a lack of reasonable diligence, of the party ("non-performing party') relying the event or condition as justification for not performing any obligation or complying with any condition required of the party under this Agreement. The following events or condition shall, if they meet the requirements of the preceding sentence, constitute a Force Majeure: (a) An act of God, storm, flood, or similar occurrence (except for weather conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war, blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. (b) The order or judgment of any Federal, State, or local court, administrative agency, or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the non-performing pady, and the non-performing party does not control the administrative agency or governmental officer or body, provided that the diligent contest in good faith of any order or judgment does not constitute or may not be construed as a willful or negligent action or a lack of reasonable diligence of the non-performing party. (c) The adoption, promulgation, issuance, material modification, or change in interpretation, affer the date of this Agreement, of any Federal, State, or local law, regulation, rule, requirement, or ordinance. (A law, regulation, rule, requirement, or ordinance is duly adopted, promulgated, issued or otherwise officially modified or changed in interpretation, when it is in provisional, interim, or final form and effective or to become effective without any fudher action by any Federal, State or local governmental body, administrative agency, or governmental official having jurisdiction.) (d) The failure of the City or public utilities having operational jurisdiction in the area of the Landfill to provide, maintain, and assure the maintenance of all utilities, services, sewerage, and water lines essential to the operation of the Landfill, except a failure caused by the gross negligence, willful action, or a lack of reasonable diligence by the City. (e) A strike, lockout, or other similar labor action; NewPutorPe, yforBFIcontraclTJr020720051 doc Page 2 of 23 (f) The failure to obtain or maintain any essential permit or license from any governmental unit; Garbage means putrescible animal or vegetable matter, such as waste material and refuse usually associated with the preparation of food from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses, but does not include sewage, body waste, or industrial byproducts. Hazardous waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous substance under applicable laws, including without limitation: (i) The Solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. .6901, et seq., as replaced or amended from time to time, and the rules, regulations, written policies, or written guidelines promulgated the Act (including without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C.. 260, et seq., as replaced or amended from time to time, and the rules, regulations and written policies and written guidelines promulgated the Act. (iii) Any State law or regulation of governing the storage, transportation, and disposal of solid waste, hazardous waste, toxic materials, or hazardous substances, including but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas Administrative Code Chapter 330. (b) Radioactive material, which is source, special, nuclear, or by-products material within the meaning of the Atomic Energy Act of 1954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines promulgated under the Act. (c) Any other waste, material, or substance, which is characterized or defined to be toxic or hazardous by the State ol Texas, TNRCC, or USEPA with respect to the Landfill or by any other Federal or State regulatory agency having jurisdiction over the Landfill under any written regulation, policy, guideline, or order having the force of law. (d) Notwithstanding the above, if the TNRCC or USEPA determine by written regulation, policy, guideline, or having the force of law in relation to: NewPutorPayforBFIcon/racLrjr02072OO51.doc Page 3 of 23 (i) A waste, material, or substance, which is not considered toxic or hazardous as of the effective date of this Agreement, is toxic or hazardous, then the waste, material, or substance shall, from the effective date of the determination by TNRCC or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shall, from the effective date of the determination by TNRCC or USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement. Heavy brush means tree and shrub limbs and trimmings, which are greater than three (3) inches in diameter, tree trunks, root balls, and other large plant matter. Household appliance means general household appliance that will not fit into a refuse receptacle including: Non-metal appliance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item constructed primarily of plastic or other non-metallic pads Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal parts. Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited construction/demolition materials commonly generated by a residential household. Jurisdictional waste means waste collected within the City or its industrial districts. Landfillmeans the City's Cefe Valenzuela landfill located in Nueces County, Texas. Litter means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans, or remnants or pads thereof, or any matedal of an unsanitary nature. Medical waste means waste generated by health-care related facilities and associated health-care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. NewPutorPayfor~Flcontracb~rO20720OS1.doc Page 4 of 23 Published disposal rate means the published tipping rate for commercial vehicles based on weight published in Section 21-41 (e)(2)A, less the difference between the municipal solid waste system service charge published in Section 21-47(b)(1) and the credit published in Section 21-47(b)(5) and any applicable State or Federal fees. Recyclable means a waste material that has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose, or that may be reused, sold as a commodity, or converted into another product. Refuse means a mixture of garbage, rubbish, and other waste that are normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. Rubbish means non-decayable solid waste, excluding ashes, that consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Site Operating Plan means the Site Operating Plan for the City of Corpus Christi J. C. Elliott Landfill generally applicable to customers utilizing the Landfill, as determined by the City. Solid waste means garbage, rubbish, litter, refuse, yard waste, heavy brush, debris, and construction/demolition materials. Tipping fee rate means the rate charged to a commercial vehicle disposing of solid waste at a the City disposal site. TNRCC means Texas Natural Resource Conservation Commission. Ton means 2,000 pounds. Trash means a single item of rubbish, not otherwise defined as debds or construction/demolition material, but including a small household appliance that will not fit into a conventional refuse receptacle. Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the TNRCC or the Site Operating Plan. USEPA means the United States Environmental Protection Agency. Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. NewPutorPayforBFIco~tractrjr020720051.doc Page 5 of 23 1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of masculine gender means and include correlative words o[ feminine and neuter genders and words importing the similar number means and include the plural number and vice versa. 1.3. Term. 1.3.1. Unless sooner terminated under the terms of this Agreement, this Agreement is in effect until the termination of the Landfill Services Agreement between the City o[ Corpus Christi and BFI Waste Services of North America, Inc., dated , including any extensions of that agreement. 1.3.2. Upon expiration of the term, the Hauler's obligations to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate. 1.3.3. However, the provisions of Article 8 and Sections 12.3, 14.18, and 14.19 shall survive the termination of this Agreement. 1.3.4. The City will provide at least 12 months notice of the date the City will no longer accept all forms of acceptable waste from permitted haulers at the Landfill. 1.4. Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's permit as required by applicable City ordinances. ARTICLE 2. ACCEPTABLE WASTE 2.1. Acceptable Waste. 2.1.1. The Hauler shall deliver only acceptable waste. 2.1.2. Any acceptable waste co-mingled with hazardous, medical, or unacceptable waste will be considered unacceptable waste. 2.1.3. At any time, the City and Hauler mutually may agree in writing that any materials, which are defined as unacceptable waste in Section 1.1. of this agreement, should in the future be reclassified as acceptable waste. 2.2. Guaranteed Tonnage. 2.2.1. Commencing on the effective date, the Hauler guarantees to deliver not less than 150,000 tons per year ('guaranteed annual tonnage") of jurisdictional waste and acceptable waste collected outside the City's limits to the Landfill, and the City guarantees that it will accept the waste. This is 80% of the hauler's historical volume delivered to the City. 2.2.1.1. If the hauler wishes to avail itself of a 100% volume supply agreement that is based on all ol' the solid waste the hauler collects in the NewPutorPayl'o~BFIco~traclrjrO20720051.doc Page 6 ol~ 23 area defined by the boundaries of the Coastal Bend Council of Governments it must notify the City at least sixty (60) days in advance and upon the City's approval this agreement will be amended to reflect the change. 2.2.1.2. Any volumes the hauler wishes to deliver outside of the aforementioned defined boundaries are exempt from these requirements and minimum volumes and rates may be negotiated with the City on a separate basis. 2,2.2. The Hauler shall deliver the guaranteed annual tonnage. 2.3,3. If the Hauler increases the HauleCs volume by a minimum of an additional 33% or more over the guaranteed annual tonnage established in Subsection 2.2.1., the Hauler is eligible for a discount off of the per ton tipping fee. Once established the discount will apply from the base year in which the discount was first calculated, and will apply to all succeeding years keeping the base tonnage calculation intact. 2.3. Adjustments to Guaranteed Tonnage. 2.3.1. If notwithstanding the Hauler's best efforts and implementation of best business practices, the Hauler documents to the reasonable satisfaction of the City a loss of customers in the Coastal Bend Region, which has resulted in a net decline of more than 10% of the deliveries to the Landfill by the Hauler, and as a result the Hauler is unable to deliver the guaranteed tonnage for a period in excess of a year, the parties will act in good faith to renegotiate the guaranteed tonnage. 2.3.2. The Hauler may request a change in its guaranteed tonnage sixty days before the annual anniversary date of this Agreement. 2.4. Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hauler will not deliver hazardous, medical, or unacceptable waste to the City. 2.5. Ownership of Solid Waste. Any solid waste delivered to the Landfill remains the property of the generator. Legal title to the solid waste shall never pass to the City. Upon request, the Hauler will make records available to the City to determine the generators of any hazardous, medical, or unacceptable waste delivered to the Landfill. ARTICLE 3. FEES 3.1. Acceptance Fee for Guaranteed Monthly tonnage. 3.1.1. The discounted acceptance fee for acceptable waste delivered by the Hauler to the Landfill, which is based 80% of the hauler's historical volume delivered to the City, is seventy five per cent (75%) of the published disposal rate. NewPutorPayforBFIconb-acfljrO20720051.doc Page 7 of 23 3.1.2. If the hauler requests a change to the agreement to a 100% volume supply agreement as defined in 2.2.1.1, and with the City's approval, the new discounted acceptance rate is seventy two percent (72%) of the published disposal rate. 3.2. Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed by City ordinances. 3.3.3. Discount for Increased Tonnage. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the guaranteed annual tonnage established in Subsection 2.2.1., the Hauler is eligible for a 15% discount off of the published disposal rate in that year. The lower tipping fee will be applied retroactively to the additional waste once 33% threshold is reached. Once a new base tonnage is calculated under Subsection 2.3.3, the City will reduce it's billing to the Hauler at the beginning of each succeeding year. ARTICLE 4. BILLING AND PAYMENTS. 4.1. Billing. After the end of each month, the City will bill the Hauler for the total fees due for the billing period. 4.2. Payments. The Hauler shall make payment to the City of the amount of each bill within 30 days of the billing date ("due date") shown on the bill. 4.3. Overdue Charges. If payment in full is not made on or be[ore the due date, the Hauler shall pay an administrative late fee of $100 and any amount remaining unpaid shall bear interest at [he rate of one and one half percent (1-1/2%) per month or the highest rate that may then be lawfully charged and paid, whichever is less, from the due date to the actual date of payment. 4.4. Disputes. 4.4.1. In the event of a dispute as to any monthly payment the Hauler shall pay when due the amount of the bill, less the amount in dispute. 4.4.2. The Hauler shall give the City, at the time payment is made on the bill, wdtten notice of the dispute. 4.4.3. The notice of dispute shall state the amount in dispute and a full statement of the grounds that form the basis of the dispute. 4.4.4. Upon settlement by the parties of the dispute, if the City prevails, the Hauler shall pay interest on any amount not paid by the due date at the interest rate specified in Section 4.3. 4.5. Fees Not Subject to Set-Off. The obligations of the Hauler to pay fees under the terms under this Agreement are not subject to any set-off, abatement, counterclaim, existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable, NewPutocPayfo,rBFIco~tractrJrO20720OSl.doc Page 8 of 23 which might otherwise constitute a legal or equitable defense or discharge of the liabilities of the Hauler under this Agreement or limit recourse to the Hauler. 4.6. Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments. Payments made under this Article do not prejudice the rights of the Hauler to claim abatements, refunds or adjustments to which it is entitled under this Agreement. ARTICLE 5. LANDFILL PROCEDURES. 5.1. Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered by the Hauler under the terms of this Agreement unless the City has rejected the solid waste under Section 5.2. of this Agreement. 5.2. Rejection of Solid Waste. 5.2.1. The City is not obligated to accept waste if the Landfill is closed due to a Force Majeure. 5.2.2. The City is not obligated to accept waste if the Hauler's account is more than 60 days in arrears of the due date. But the City will accept any acceptable waste if the Hauler makes a cash payment at the time of delivery. 5.2.3. The Hauler fails to comply with any published delivery procedures. 5.2.4. I[ a delivery of solid waste contains both acceptable waste and any hazardous, medical, or unacceptable waste. 5.3. Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill. The Hauler agrees to comply with the provisions in the Site Operating Plan relating to the improper delivery of hazardous, medical, or unacceptable waste and the procedures for removing any hazardous, medical, or unacceptable waste from the Landfill. The Hauler agrees to pay any charges relating to the removal and disposal of hazardous, medical, or unacceptable waste that would be charged to any other permitted hauler that improperly delivered hazardous, medical, or unacceptable waste to the Landfill. 5.4. City Not Required to Screen Waste. Nothing in this Agreement obligates the City to screen waste or to detect hazardous, medical, or unacceptable waste delivered by the Hauler. 5.5. Delivery Schedule. 5.5.1. During the term, the Hauler may deliver acceptable waste to the Landfill dudng its normal posted hours of operations. 5.5.2. The City will open the landfill for at least 58 hours, during weeks without City holidays. NewPutorPayforBFIconlractdrO20720051 doc Page 9 of 23 5.5.3. The City will consider requests for additional hours based on special needs of the Hauler and the availability of Landfill personnel. 5.5.4. Except in a Force Majeure, the City will provide the Hauler with at least 48 hours advance notice of any changes in the hours or days of operation. 5.6. Delivery Procedures. 5.6.1. The delivery of solid waste to the Landfill shall be regulated by the provisions of the Site Operating Plan. Copies of the relevant provisions will be provided by the City to the Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Landfill. An extract of the relevant provisions of the current Site Operating Plan is attached as Exhibit A. 5.6.2. The City reserves the right to redirect the Hauler's trucks from the working face to an on-site transfer station. 5.7. Delivery Vehicles. 5.7.1. Acceptable waste must be delivered by the Hauler, at its expense, to the Landfill in enclosed container vehicles or enclosed compactor vehicles complying with any applicable State laws and regulations and City ordinances regulating the permitting of haulers, vehicles, and containers, regulating the marking of solid waste vehicles and containers, setting insurance requirements for haulers and vehicles, and identifying the generators of solid waste being delivered to the Landfill. 5.7.2. The City may provide for a system for the identification of delivery vehicles, including, without limitation, identification of the Hauler, identification of the specific vehicle, and tare weight of the vehicle or containers used to haul solid waste to the Landfill. 5.7.3. The City is under no obligation ~o accept acceptable waste from persons or vehicles not complying with the permitting and marking systems, the insurance requirements, or the delivery procedures established by the City. 5.7.4. The City may enforce compliance with permitting and marking systems and delivery procedures by denial of disposal privileges and such other means as it may reasonably determine to be necessary and appropriate. 5.8. Front of Line Privileges. 5.8.1. The City will provide front of line privileges to the Hauler and other haulers with "put or pay" contracts with the City. NewPutorPayforBFIcc, nt~ac~drO2072OO51.doc Page 10 of 23 5.8.2. The City may at its discretion suspend tront of line privileges under this agreement when waiting times to tip for other permitted haulers at the Landfill approach thirty (30) minutes. ARTICLE 6. ASSIGNMENTS. 6.1. Assignment By Hauler. The Hauler may not assign or transfer, directly or indirectly, its interest in and to this Agreement, without the consent of the City Manager, which consent will not be unreasonably withheld, delayed, or subject to unreasonable conditions. 6.2. Assignment By City. The City may, with prior written notice to the Hauler, assign all or any portion of this Agreement for any lawful purpose. The assignment of all or any portion of this Agreement does not relieve the City of any obligation under this Agreement without the consent of Hauler. ARTICLE 7. INSURANCE. 7.1. Insurance Requirements. Insurance requirements are attached to and incorporated into this Contract as Exhibit B attached to and made a part of this Agreement, and may be revised annually by the City's Contract Administrator upon thirty (30) days written notice to Hauler. 7.2. Insurance Required by Subcontractors. Any subcontractor, which is hired by Hauler to deliver solid waste to the Landlill, must maintain the same insurance as specified in Exhibit B prior to delivering any solid waste to the Landfill. 7.3. Certificates of Insurance. Before activities can begin under this Contract, Hauler's and any subcontractor's insurance company(les) must deliver Certificate(s) of Insurance, as proof of the required insurance coverages to the City's Contract Administrator. 7.4. Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally, the Certificate(s) must state that the City 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. 7.5. City Named As Additional Insured. The City must be named as an Additional Insured in each policy. The City Attorney must be given copies of all insurance policies within 15 days ol~ the City's Contract Administrator's written request. 7.6. Waiver of Claim of Recovery. The Hauler waives any claim for recovery from the City for any injury, loss, or damage to Hauler resulting [rom the performance of this Agreement, to the extent compensation for the injury, loss, or damage shall have been recovered under any insurance policy. NewPutonC'ayforBFIcontractrjr020720051 doc Page 1 1 ot 23 7.7. Written Notice of Injury, Loss, or Damage Required. Immediately upon the occurrence ol= any injury, loss or damage resulting from the performance ol= this Agreement. written notice shall be given to the City's authorized representative. ARTICLE 8. INDEMNIFICATION 8. 1 Indemnification for Death, Personal Injury, or Property Damage. 8.1.1. To the extent allowed by Texas law, Hauler, its officers, members, partners, employees, agents, subcontractors, and licensees shaft fully indemnify, save, and hold harmless the City, its officers, employees, agents, licensees, and invitees ("City indemnitees") against any and aft liability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the Hauler's delivery of solid waste to the Landfill under this agreement. 8.1.2. To the extent allowed by Texas law, the City shaft fully indemnify, save, and hold harmless the Hauler, its officers, employees, agents, licensees, and invitees ("Hauler indemnitees") against any and aft liability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the City's delivery of solid waste to the Landfill under this agreement. 8.2. Indemnification for Improper Disposal of Hazardous, Medical, or Unacceptable Waste. If the City elects to dispose of any hazardous, medical, or unacceptable waste, the Hauler shaft indemnify and hold the City indemnitees harmless from and against aft liabilities, losses, damages, costs, expenses, and disbursements, including reasonable NewPu10rPayforBFIconlractrjr02072OO51.doc Page 12 of 23 legal fees and expenses arising out of the processing or disposal by the person of unacceptable waste or waste not constituting acceptable waste delivered by the Hauler and incidental and consequential damages incurred by the City indemnitees. 8.3. Indemnification for Violations of Any Federal or State Laws and Regulations. The Hauler shall hold harmless and indemnify the City indemnitees from and against any expense, fine, or penalty, including attorneys fees, and shall defend the indemnitees in any proceeding, including appeals, for violation of any Federal or State law, rule, or regulation relating to the collection, transportation, and disposal of solid waste arising out of the any of the following: 8.3.1. The negligence or wrongful misconduct of the Hauler, its directors, officers or partners, employees, contractors, or agents. 8.3.2. The failure by the Hauler, its directors, officers or partners, employees, contractors, or agents to comply with applicable law, rule, or regulation. 8.3.3. The delivery by the Hauler of any Hazardous Waste or hazardous, medical, or unacceptable waste to the Landfill. 8.4. Duty to Investigate, Defend, Settle, and Pay Any Claims and Demands. 8.4.1. Hauler must, at its own expense, investigate ali those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to City indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. 8.4.2. To extent authorized by law, the City must, at its own expense, investigate ali those claims and demands, attend to their settlement or other disposition, defend ali actions with counsel satisfactory to Hauler indemnitees, and pay ali charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. NewPulorPayforBFIcontractrjrO20720051 doc Page 13 o[ 23 ARTICLE 9. GOVERNMENTAL REGULATION. 9.1. Jurisdiction. The City and the Hauler acknowledge that the collection, transportation, and disposal of solid waste is subject to regulation under both Federal and State laws and regulations and the jurisdiction of various governmental agencies, including, without limitation, USEPA, TNRCC, and the Texas Department of Public Safety. 9.2. Compliance with Laws, Regulations, and Ordinances Relating to the Collection, Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their own expense, (subject to the provisions in this Agreement relating to Change in Law and Force Majeure), to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site Operating Procedures applicable to them in connection with this Agreement and the transactions contemplated by this Agreement. The law, statutes, rules, regulations, and ordinances may include, without limitation, actions taken by the Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic associated with the Landfill. 9.3. Compliance with Other Laws and Regulations and Industry Standards by Hauler. Hauler shall comply with all other applicable laws, rules, regulations, ordinances, permits, and requirements of any governmental entity having jurisdiction, including all applicable health and safety, anti-discrimination, affirmative action, and minority business opportunity laws, and all applicable industry codes, specifications, and standards respecting Hauler's business and operation. 9.4. Compliance by Hauler's Agents and Subcontractors. The Hauler agrees to take all necessary action to cause persons delivering waste on its behalf to the City to comply with any law, statute, rule, regulation, order, standard, Site Operating Procedures, or ordinance of the City of Corpus Christi, USEPA, TNRCC, the Texas Department of Public Safety, and any other authorized Federal or State agency or law enforcement organization. ARTICLE 10. SUSPENSION DUE TO FORCE MAJEURE. 10.1. Suspension of Obligations. 10.1.1. A delay or failure of performance under this Agreement by either party shall not constitute an event of default or cause for any liability under this Agreement to the extent caused by Force Majeure. 10.1.2. Any delay or failure caused by a Force Majeure shall be excused at any time performance is ah'ecied by a Force Majeure and dudng the period as may be reasonably necessary for the affect party, using its reasonable efforts to correct the adverse effects of the Force Majeure. 10.1.3. If the Force Majeure causes a reduction, but not a complete suspension in the ability of the City in connection with the operation of the Landfill to accept, process, or dispose of acceptable waste, then subject to then existing NewPulorPayforBFIco~l~actTjrO20720051.doc Page 14 of 23 commitments of the City with respect to the Landfill, and the requirements of all applicable permits, consents ,and approvals of the USEPA, TNRCC, and other governmental entities, the City shall use its reasonable efforts to allocate a portion of the reduced capacity of the Landfill to the Hauler. The allocation of landfill capacity shall be determined by the City in its sole discretion. 10.1.4. The party relying on a Force Majeure as justification for a delay or failure of performance under this Agreement shall give the other party prompt written notice of the Force Majeure. 10.2. Efforts to Remove Condition. A party whose performance is adversely affected by a Force Majeure shall use its reasonable efforts to overcome or remove the Force Majeure. 10.2.1. After the completion of a suspension due to the Force Majeure and to the extent the City has the capacity to accept and dispose of excess waste, the City shall use its reasonable efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to deliver to the City during the Force Majeure period. 10.2.2. The City is not obligated to accept acceptable waste to the extent that the acceptance, processing, or disposal of the acceptable waste is contrary to or in violation of or would cause the City to be in violation of any permits and approvals for the Landfill. 10.2.3. In the event that Hauler is prevented from delivering acceptable waste to the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is reasonably practicable under the circumstances. The parties shall negotiate and agree on the period during which Hauler is entitled to cure any resulting shortfall. 10.3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regulation, rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a Force Majeure. ARTICLE 11. LIQUIDATED DAMAGES AND DEFAULT. 11.1. Suspension of Service by City. I[ the City fails to accept acceptable waste at the Landfill as required by the terms of this Agreement, the Hauler may select an alternate disposal site and be credited for any acceptable waste delivered to an alternate disposal site for the period of the failure by the City. If the conditions continue for more than thirty (30) days, this Agreement automatically terminates. 11.2. Events of Default of the City. The City is in default if it makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to it under any bankruptcy, reorganization, arrangement, readjustment of debt, NewPutorPayforBFIcontractrjrO20720051.doc Page 15 of 23 dissolution, or liquidation law or statute of any jurisdiction, whether now or after the effective date of this Agreement is in effect, or if there shall have been filed any such proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the City's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the City or any substantial part of the City's property, or surfers any custodianship, receivership, or trusteeship to continue undischarged for a pedod of sixty (60) days or more. 11.3. Events of Default of Hauler. Each of the following shall be an event of default by the Hauler under this Agreement and are grounds for termination of the Agreement: 11.3.1. The Hauler fails to pay any amounts, including without limitation, the acceptance fee, and any amounts payable under Sections 5.2 or 5.3, which become due under this Agreement, within thirty (30) days of notice of delinquency from the City. 11.3.2. The Hauler fails to observe and perform any other material term, covenant, or agreement contained in this Agreement, the Site Operating Plan, or other agreements or policies to which either the Hauler is subject and the failure continues for a period of thirty (30) days after wdtten notice to the Hauler specifying the nature of the failure and requesting that it be remedied. 11.3.3. The Hauler fails to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. 11.3.4. The Hauler makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part o[ its properly, commences any proceeding relating to the Hauler under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after this Agreement is in effect, or if there is or has been filed any proceeding, in which an order for relief is entered or which is not dismissed I~or a period of sixty (60) days or more, or if by any act indicates the Hauler's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the Hauler or any substantial part ol the Hauler's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 11.4. Remedies on Default. Whenever any event of default occurs and is continuing, the non-defaulting party has the following rights and remedies: 11.4.1. Upon ten (10) days wdtten notice to the City, if the City is then in default, the Hauler has the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the City has taken remedial steps the effect of which would be to enable NewPulc~PayforBFIco~tractrJrO20720051.ctocPage 16 of 23 the City to cure the event o[ default within a reasonable pedod of time (which, if the event of default is a default in the payment of monies and results from restraint by a coud or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.2. Upon ten (10) days written notice to the Hauler, if the Hauler is then in default, the City shall have the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day pedod or unless during the period the Hauler has taken remedial steps the effect of which would be to enable the Hauler to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undedaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.3. Upon written notice to the Hauler, if the Hauler has defaulted, the City shall have the option, without terminating this Agreement, to stop accepting acceptable waste delivered or tendered for delivery by the Hauler, until the default is cured or this Agreement is terminated. The City may concurrently pursue any other remedies to which it is entitled at law or in equity for the default. ARTICLE 12. REPRESENTATION AND WARRANTIES. 12.1. Representations and Warranties of the Hauler. 12.1.1. The Hauler by this Agreement represents and warrants to the City that this Agreement has been executed by authorized officers of the Hauler, and has before entering this Agreement delivered to the City evidence of the authority. 12.1.2. The Hauler has the full power and authority to execute and deliver this Agreement to the City and to carry out the obligations and transactions contemplated by this Agreement throughout its term, 12.1.3. There is no claim or litigation pending or to the knowledge of the Hauler, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.2. Representations and Warranties of the City. 12.2.1. The City by this Agreement represents and warrants to the Hauler that the City has the full power and authority to execute and deliver this Agreement to the Hauler and to carry out the obligations and transactions contemplated by this Agreement. 12.2.2. There is no claim or litigation pending or to the knowledge of the City, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. NewPutorPayforBFIco~h-actrjr02072OO51.doc Page 17 of 23 12.3. Liability for Breach. It is understood and agreed that the signatories to this Agreement are liable to each other in the manner and to the extent provided by law for any loss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or obligation of this Agreement. ThUs section shall survive the term of this Agreement. ARTICLE 13. GOVERNING LAW AND VENUE. 13.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 13.2. Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Christi Division. 13.3. Agreement Not Affected by Pending Litigation. Except as otherwise specifically provided in this Agreement, the pendency of any claim or litigation does not affect the obligations of the parties to make any payment or render any service required by this Agreement or the rights of the parties under this Agreement. ARTICLE 14. MISCELLANEOUS PROVISIONS. 14.1. Entire Agreement. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties. This Agreement and Amendment #1 to this Agreement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. 14.2. Waiver. No delay in exercising or the failure to exercise of any right or remedy accruing to or in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the right or remedy. Every right and remedy given under this Agreement or by law may be exercised from time to time and as often as may be deemed expedient by the parties to this Agreement. 14.3. Amendments and Modifications. This Agreement may not be amended or modified except in writing. The amendment or modification must be signed on behalf of beth parties by their duly authorized officers. 14.4. Independent Contractor. Hauler 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 Hauler be considered as an employee of the City. 14.5. Subcontractors. 14.5.1. Hauler may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Hauler must obtain prior written approval from the Contract Administrator. NewPutorPayforBFIcon[ractrJ~20720051.doc Page 18 of 23 14.5.2. In using subcontractors, Hauler is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Hauler. 14.5.3. All requirements of this Agreement imposed on the Hauler are applicable to all subcontractors and their employees to the same extent as if the Hauler and its employees had performed the services. 14.6. Successors and Assigns. This Agreement inures to the benefit of and binds the respective successors and permitted assigns of the parties to this Agreement. 14.7. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of pedormance and operations under this Agreement including deductions [or non-pedormance and authorizations for payment. All of Hauler's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the City's Director of Solid Waste Services. 14.8. Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed to have been given when delivered personally or deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by commercial overnight couder addressed to the party to whom notice is being given at the pady's address set forth below. Either party may change its address by sending written notice that complies with this Section. Hauler: BFI Waste Systems of Texas, L.P. Attn: General Manager P.O. Box 9236 Corpus Christi, Texas 78469-9236 City: Director of Solid Waste Services City of Corpus Christi 2525 Hygeia Street P.O. Box 9277 Corpus Christi, Texas 78469-9277 14.9. Representatives. For billing purposes, the parties designate the following representatives and addresses: Hauler: BFI Waste Systems of Texas, L.P. Attn: General Manager/Division Comptroller P.O. Box 9236 Corpus Christi, Texas 78469-9236 City: City of Corpus Christi - Financial Services Accounts Receivables 1201 Leopard Street P.O. Box 9257 Corpus Christi, Texas 78469-9257 NewPutorPayforBFIco~tractdr020720051.doc Page 19 of 23 14.10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year ol~ the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such conlract item as an expenditure in that budget. The City does not represenl Ihat the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 14.11. Right to Most Favorable Acceptance or Tipping Fees. 14.11.1. If the City enters into an agreement with any other company, person, or legal entity that provides solid waste hauling services or generates, disposes, or transports solid waste to the City's landfill (or enters into a renewal, modification, extension of any existing agreement with such a party), and the document contains provisions for acceptance or tipping fees more favorable to the other party than those in this Agreement, the Hauler shall have the right either to terminate this Agreement or to amend this Agreement to contain such more favorable terms and provisions. 14.11.2. An agreement that offers an equivalent discounted acceptance fee for a commitment to deliver all tonnage collected within the boundaries of the Coastal Bend Council of Governments ('CBCOG") instead o[ a guaranteed annual tonnage is considered comparable to this Agreement if the other terms and conditions are similar lo this agreement. An agreement based on delivery of all tonnage collected within the CBCOG boundaries will include the right of the City to audit for compliance and penalties for failure to deliver all tonnage from the area. 14.11.3. The City will nol offer similar agreements to a hauler that has not had a solid waste hauler permit for at least 12 months. 14.12. City Reserves Legislative Authority. Nothing in this contract restricts the right of the City Council to amend the City's Code ot Ordinances, including its authority to regulate, permit, and franchise solid waste haulers operating within the City or using the City's solid waste disposal facilities; regulate the storage, transportation, and disposal of any solid waste generated wilhin the City or its industrial districts; or impose taxes, surcharges, utility fees, or other tees, including generator fees, on residents, commercial and industrial facilities located within the City and industrial districts and customers from outside the City who use any of the City's solid waste disposal facilities or services; and including the setting of disposal or tipping fees at City disposal facilities within and outside the City limits. 14.13. Further Actions. Each party agrees that it will, at its own expense, execute any and all cedificates, documents, and other instruments, and take other actions as may be reasonably necessary to give effect to the terms of this Agreement. 14.14. Duplicate Originals. This Agreement may be executed in duplicate originals,, any one of which is considered to be the original Agreement for all purposes. NewPutorPayforBFIconb'actrjr02072CO51.doc Page 20 of 23 14.15. Severabllity. In the event that any of the provisions, portions, or applications o[ this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City and the Hauler shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, podions, or applications of this Agreement are not be affected by the defect in the provision, portion, or application of the Agreement that was ruled unenforceable or invalid. 14.16. Rights of Third Parties. Nothing in this Agreement is intended to confer any right on any person other than the parties to this Agreement and their respective successors and assigns; nor is anything in this Agreement intended to modify or discharge the obligation or liability of any third person to any party to this Agreement or give any third person any right of subrogation or action over or against any party to this Agreement. 14.17. Headings for Convenience. The headings in this Agreement are for convenience and reference only and in no way define or limit the scope or content of this Agreement or in any way affect its provisions. 14.18. Publicity and Property Rights. 14.18.1. The Hauler may not advertise or otherwise use its relationship with the City under this Agreement in any public disclosure without the prior written consent of the City. The prohibition includes, without limitation, brochures, listings, references, advertisements, announcements, or other release of information concerning the existence, content or performance under this Agreement to any third party. 14.18.2. The Hauler is not permitted to photograph, film, tape or other make audio or visual recording at, or allow any unauthorized person to enter the Landfill without the express prior written consent of the City's Director of Solid Waste Services. 14.18.3. The Hauler may not use or permit the use of the trade or service names, marks, or Iogos of the City or any of its affiliates in any manner. 14.18.4. The Hauler's obligations under this Section 14.12 shall survive the expiration or termination ot this Agreement. 14.19. Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement under its terms, any duty or obligation of Hauler, which has not been fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created for the benefit of the City, and which has not been fully enjoyed, enforced, or satisfied (including but not limited to the duties, obligations, and rights, if any, with respect to secrecy, indemnity, warranty, guaranty) shall survive the expiration or termination of this Agreement until the duty or obligation has been fully observed, performed, or discharged and the right has been fully enjoyed, enforced, and satisfied. NewPutorPayforBFIconLraclrJrO20720051.doc Page 21 of 23 14.20. Exclusivity of Remedies. Neither party shall be liable I~or or obligated to pay punitive, consequential, special, incidental, or indirect damages in connection with the performance of this Agreement. The padies to this Agreement have caused this Agreement to be executed on the date the City's representative executes this agreement. This Agreement is intended to take effect as a sealed instrument. AGREED TO BY: BFI WASTE SYSTEMS OF TEXAS, L.P. .~LiM'''~ ~'------'---'"'~' Regiona anager Date: c~//~/O~ - THE STATE OF~ § (~LcrI.,:L,:I_o COUNTY OF ~ This instrument was acknowledged before me on ~c~ J~ ,2~5, by, Regional Manager, on behal[ of BFI Waste Systems of Texas, ~.P., a limited padnership. Nota~Public ~ ~ ~~. State o[ T~xas New PutorPay tor BFIcont~actrjr 02072005.doc CITY OF CORPUS CHRISTI George K. Noe City Manager Date: Attest: Armando Chapa City Secretary Approved as to form: This //b"'/~lay of ,r~'"'"~-~ First Assistant City Attorney For City Attorney ,2005 THE STATE OFTEXAS § COUNTY OF NUECES This instrument was acknowledged before me on ,2005, by George K. Noe, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public State of Texas New PulorPay for BFlco~tractr~r 02072005.doc Page EXHIBIT A EXTRACTS FROM SITE OPERATING PLAN CITY OF CORPUS CHRISTI J. C. ELLIO'I-D LANDFILL PERMIT 423A NewPuto,rPayforBFIco~tractrjrO20720051.doc Page 1 of 13 4. OPERATIONAL PROCEDURES 4.1. Access Control Public access to the landfill is limited to one existing main entrance from Ayers Street (State Highway 286). Gate house personnel control access and monitor all vehicles entering and exiting the site. Additionally, two other private entrance/exits gates are located at this site; one gate being at the northwest corner and the other at the southwest corner of the landfill on Greenwood Ddve. These gates are used from time to time to move equipment to and from maintenance shops, as construction contractor entrances, and other such activities not directly associated with waste hauling. 4.1.1. Access From Public Road Access to the site will be from Ayers Street (State Highway 286) at the existing site entrance. Ayers Street is a two-way, two-lane asphalt-paved road, with an average pavement width of 20 feet. A site sign is prominently displayed adjacent to the gate entrance. 4.1.2. Vehicle Access All waste-hauling vehicles will deposit their loads at the working face or the designated processing area. Only landfill construction vehicles, landfill personnel vehicles, and the authorized haul vehicles will have access to the active portion of the landfill. 4.1.3. All-Weather Access The existing site entrance is paved asphalt drive that transitions into a caliche road. The caliche on-site roads will be maintained for all-weather access by site personnel. The entrance to the facility from Ayers Street and all interior access roads within the site are all-weather roads. Prior to inclement weather, an all-weather access area will be constructed. All-weather road and access area are provided to the active disposal area, and consist of a minimum of 8 inches of crushed caliohe and/or crushed asphalt. A pad (may vary in size) may be constructed by the disposal area so that disposal vehicles will have enough room to maneuver while they are disposing of the waste. The caliche/asphalt materials used for all-weather road construction will be salvaged and reused as the access road locations change across the site. Haulers will dump waste at the edge of this designated area and allow the compactor to push the waste into the fill. Therefore, no separate wet-weather operations area will be necessary. 4.1.4. Traffic Control The entrance to the landfill is located on the southeast corner of the site. The gate attendant will restrict site access only to authorized vehicles and will direct these vehicles appropriately. NewPutorPayforBFIcontraclrjr020720OSl.doc Page 2 of 13 Solid waste transpodation vehicles will be weighed at the gate scale and then directed to the active portion of the landfill. Site personnel, signs, and barricades will provide traffic directions as necessary to expedite saie movement of vehicles. 4.1.5 Site Security Site security measures are designed to prevent unauthorized persons from entering the site, to protect the facility and its equipment from possible damage caused by trespassers, and to prevent disruption of facility operations caused by unauthorized site entry. Unauthorized entry into the site is minimized by controlling access to the landfill site with the perimeter fence and locked gates at all entrances. The main site entrance (Ayers Street) is secured by a gate which is monitored by the office/gate attendants during normal site operating hours. Outside normal operating hours, the gate to the site will be locked. All other entrances will remain locked or attended by site personnel. Entry to the active portion of the site will be restricted to designated personnel, approved waste haulers, and properly identified persons whose entry is authorized by site management. Visitors may be allowed on the active area only when accompanied by a site representative. 4.2. Unloading Wastes The landfill is authorized to receive municipal solid waste and those special solid wastes allowable under ' 330.136 of the Texas Natural Resource Conservation Commission ("TNRCC"} Municipal Solid Waste Manaqement Requlations ("MSWMR"), 30 TAC Chapter 330. (Note: Underlined text has been added for clarity.) The site is not authorized to receive regulated hazardous wastes or radioactive wastes. These categories of wastes are prohibited at this site by state and federal regulations (refer to Section 6 - Waste Screening Plan). Special wastes will not be handled at this landfill except in accordance with TNRCC regulations and Section 4.20 -Disposal of Special Wastes of this SOP. The unloading of solid waste will be confined to as small an area as practical. Trained personnel will monitor the incoming waste on the trucks. These personnel are familiar with the rules and regulations governing the various types of waste that can or cannot be accepted into this facility, including knowledge of ' 330.136 of the MSWMR. The personnel also have a basic understanding of both industrial and hazardous waste and their transportation and disposal requirements. Solid waste dumping will be controlled to prevent disposal in locations other than those specified by site management. Unloading of waste in unauthorized areas is prohibited and site personnel shall take the NewPutorPayforBFIcontractrjrO20720051.doc Page 3 of 13 necessary steps to ensure compliance with this provision. Any waste deposited in an unauthorized area shall be removed promptly and disposed of properly. Rules for waste disposal and prohibited waste will be prominently displayed on signs at the site entrance. Refer to Section 6 - Waste Screening Plan I:or specific waste handling procedures. 4.3. Hours of Operation The facility is open for operation six days a week, Monday through Saturday. Normal operating hours for receiving wastes will be between 7:00 a.m. to 7:00 p.m., Monday through Saturday. The site will be closed on Sundays and certain holidays. Operation on Sundays will be limited and only held in conjunction with special events such as community clean ups. Operation of the site for special occasions, special purpose events, or other special occurrences will also be within the approved times of 7:00 a.m. and 7:00 p.m. Operation on certain Holidays will be conducted from 6:00 a.m. to 2:00 p.m. to accommodate the needs of customers. 4.4. Site Signs An entrance sign is displayed at the entrance to the site. This sign states the name of the site, type of site, hours and days of operation, and the TNRCC permit number. A sign prohibiting certain types o[ waste such as hazardous waste, Class I waste, and smoking will be posted outside the landfill entrance. 4.5. Control of Windblown Wastes and Litter Windblown wastes will be controlled by several means. All waste transportation vehicles using this facility will be required to have in- place adequate covers or other means of containment for the wastes they transport. The adequacy of covers or containment of incoming wastes will be checked at the facility entrance. To further minimize windblown wastes, the facility will provide litter control fences, as necessary, at appropriate locations near the working face and elsewhere. The litter control fence will be at least 5 feet high and will be located as close as practical to the landfilling area. Periodically (at least weekly), as part of the overall site maintenance program, facility personnel will collect windblown waste materials which may have accumulated on-site and on both on and oh'-site access roads. The working face of the active disposal area shall be covered daily to avoid prolonged exposure o[ wastes, and to minimize windblown material. NewPutorPayforBFIcont~actrj~O20720051.doc Page 4 o1:13 4.8. Control of Waste Spilled on Route to the Site The Landfill Superintendent will take steps to ensure that vehicles hauling waste to the site are enclosed or provided with a tarpaulin, net, or other means to properly secure the load. These steps are necessary to prevent the escape of any part of the load by blowing or spilling. Signs stating this policy will be posted and offenders may be reported by the Landfill Superintendent to proper law enforcement officers. The Landfill Superintendent will be responsible for the cleanup of waste materials spilled along and within the right-of-way of all public access roads serving the site for a distance of 2 miles in either direction from any entrance used for delivery of waste to the site. The Landfill Superintendent will consult with officials of the Texas Department of Transportation concerning cleanup of state highways and right-of-ways. 4.9. Disposal of Large Items Large appliances and other heavy items will not be placed within 5 feet of the liner. Items classified as large, heavy, or bulky may include, but are not limited to, white goods (household appliances), air conditioner units, and large metal pieces. In addition the site will maintain a Steel Recycling area near the site main entrance where large appliances and other metallic items can be stored until recycled. CFC removal will be conducted at this area. CFC's will be removed at least semi-monthly. Appropriate house keeping will be maintained at all times. 4.10. Air Quality Control Measures to control air pollution may include, but are not limited to, the following items: $ No open burning of waste will be permitted at the proposed facility $ Freshly landfilled waste will be promptly covered with dirt or approved alternative daily covers. $ Odor masking agents such as sanifoam may be utilized as necessary $ Ponded water at the site will be controlled as detailed in Section 4.19 $ Accidental fires will be controlled as outlined in Section 7 - Fire Protection Plan The Landfill Superintendent will ensure that any unit of the municipal solid waste facility does not violate any applicable requirement of the approved State implementation Plan developed under the Clean Air Act, Section 1 10, as amended. 4.11. Disease Vector Control The need Ior extensive vector control (control of rodents, flies, and mosquitoes) will be minimized through daily site operations, which include the application of daily and final NewPutorPayfor~Flcontractrjr020720051 doc Page 5 of 1 3 cover. The extent of the working lace will also be minimized. Site operators will make daily checks for insects or rodents associated with the operations and will report problems to the Landfill Superintendent. I[ necessary, a licensed professional should apply pesticides to ensure that proper chemicals are used and are properly applied. 4.13. Salvaging and Scavenging Salvaging will not be allowed to interfere with prompt sanitary disposal of solid waste or to create public health nuisances. Salvaged materials will be considered as potential recycled materials. Salvaged items will be removed from the site o[ten enough to prevent the items from becoming a nuisance, to preclude the discharge of pollutants from the area, and to prevent an excessive accumulation of the material at the site. Special wastes received at the site will not be salvaged. Scavenging will be prohibited at all times. 4.20. Disposal of Special Wastes Acceptance of special wastes will be performed in accordance with MSWMR ' 330.136(b) requirements. Special wastes that will be accepted at the site include non- regulated asbestos-containing material (non-RACM), and wastes from health care related facilities. Other special wastes may be accepted. If these wastes are addressed in ' 330.136 of the MSWMR, they will be handled in accordance with the procedures provided therein for that specific waste. Should a different procedure be devised or the specific waste not be addressed therein, then a request will be made in accordance with Section 330.136(a)(2) and approval received prior to acceptance of those wastes. The special wastes that will be accepted at the site and handling procedures are discussed below. Non-Regulated Asbestos Containing Materials (Non-RACM) Non-RACM will be accepted. The non-RACM shall be disposed in the active working face and immediately covered with at least two (2) feet of other solid waste. Precautions shall be taken by site personnel to eliminate the crushing or grinding of non-FIACM into a fdable state. Wastewater Treatment Plant Sludge Treated wastewater plant sludges will be accepted. Other material will receive TNRCC approval prior to its disposal. The processed matedal will be required to pass a paint filter test pdor to disposal on the working face of the landfill, as prescribed in 30 TAC ' 330.136(b)(7). NewPulofPayforBFIcontraclrjr020720051 doc Page 6 of 13 DEAD ANIMALS The site may receive dead animals that are delivered to the site independent of other wastes. Dead animals will be buried and covered with a minimum of 3 feet of solid waste or a minimum of 2 feet of soil immediately upon receipt. Special Waste Report Submittal The Landfill Superintendent will submit to the TNRCC a monthly summary of special wastes received at the landfill. This report will be submitted no later than the 25th day of the month following the month in which the waste was received. The reports will be submitted on forms provided by the TNRCC. Failure to file the reports in a timely manner is considered a violation of the MSWMR. 4.21. Disposal of Industrial Waste Class I industrial waste will not be accepted at the site. Class II and Class III industrial solid waste will be accepted as long as the acceptance does not interfere with normal operations. In the event that a Class I industrial solid waste arrives at the site, the appropriate departments and offices of the TNRCC will be notified. The applicable phone numbers will be included in a list of emergency phone numbers posted in the gate house and the landfill office. If the waste presents an emergency situation, the TNRCC Emergency Response Unit will be contacted. The appropriate agencies will be requested to provide assistance to the City through their respective enforcement capabilities concerning transporters and waste generators in the proper management of unauthorized waste received at the site. Refer to Section 6 - Waste Screening Plan and Section 4.2-Unloading Waste for waste screening procedures. 4.22. Prevention of Discharge of Contaminated Water The Landfill Superintendent will take all steps necessary to control and prevent the discharge of contaminated water from the facility. Should the discharge of contaminated water become necessary, the Landfill Superintendent will obtain specific wdtten authorization from the TNRCC prior to discharge. 4.23 Leachate and Contaminated Water Plan Leachate and contaminated water will be controlled as specified in the Leachate and Contaminated Water Plan. NewPutorPayforBFIco~tra, cbjrO20720051.doc Page 7 of 13 6. WASTE SCREENING PLAN Part A - Purpose The purpose of this plan is to prevent the unauthorized entry of waste not approved for disposal at the landfill; to protect both personnel and customers using the landfill; achieve permit compliance; and assure the environment of the landfill and surrounding area is protected from contamination from unauthorized waste. Conformity to the plan will assure efficient and effective processing of all waste at the landfill. The types of wastes that are accepted at the landfill as well as the procedures for waste inspection and handling are outlined in the Site Operating Plan. Part B - Training Training requirements of landfill personnel to recognize and handle unauthorized waste will include the following: Familiarization of the Site Operating Plan Successful completion of formal waste screening training provided by: in-house instruction, the Texas Engineering Extension Service (TEEX), or Solid Waste Association of North Amedca (SWANA) Records of all course attendance will be kept as well as copies of any certificates issued. A periodic review of the information provided in these sources will take place as needed. Part C - Prevention of Unauthorized Disposal Methods used to prevent unauthorized disposal will be accomplished at four (4) levels. Each level will be designed to virtually eliminate random inspections. Level One - Education and Information A sign at the entrance to the landfill will describe wastes that are not accepted for disposal and will inform customers that their waste is subject to inspection. An informational bulletin detailing the waste inspection process will be given once a year to all existing and to new customers. A letter detailing the waste acceptance policy will be mailed to the management of all major firms and municipalities who actively use the landfill. Information on the waste inspection process will be given to the local newspaper for presentation as a public service announcement. NewPutorPayforBFIo:~l~act]irO20720051.doc Page 8 of 13 Level Two - Random Load Selection The selection of loads for random waste inspection consideration will exclude two groups of transporters: 1. Transporters who provide adequate documentation (as specified in 30 TAC ' 330.32(d) that unallowable wastes are avoided in the residential routing of collection vehicles. These vehicles will be identified by number. 2. Transporters of mixed residential and commercial waste that can provide assurance that the generator properly classifies the waste and is routinely checked by the transporter for compliance. Individual vehicles not associated with any commercial activities or businesses will also be generally exempted from waste screening consideration. All other vehicles will be Included in the pool of loads for waste screening consideration. Backup Procedure: In accordance with 30 TAC ' 330.114 (5)(A); If at any time an excluded vehicle outside the pool is found to have suspect waste within a load, the exemption status of that vehicle will become null and void, thereby subjecting it to waste screening consideration. Level Three - 30 TAC ' 330.32(d) All transporters will be required to comply with 30 TAC ' 330.32(d). A surcharge for waste removal will be assessed to any transpoder who is discovered to have dumped an unacceptable waste. In all cases the site operator refuses to accept ownership of any unauthorized waste. Level Four - Screening Waste screening will take place in the following three ways: All manifested wastes will be checked for conformance to the manifest. Vehicles transporting manifested wastes will be excluded from the pool of vehicles subjected to random waste screening sampling. All vehicles entering the landfill for disposal purposes including those not related to any business or commercial activity will be screened for unauthorized waste at the entrance gate. The operator maintains the dght to question the driver of any vehicle entering the landfill. Any suspect loads will be directed to the waste screening site for inspection. All inspections will be documented in the operating record. Screening at the working face will be done by the attendant and the equipment operator by observing both the offloading and spreading of the waste. NewPutorPayforBFIconlractrirODO720051 doc Page 9 of 13 Random waste inspection will be accomplished by determining the pool of vehicles available for inspection, including all vehicles not previously mentioned as being excluded. From this pool, one vehicle will be randomly inspected on a weekly basis as recommended by the Texas Engineering Extension Service (TEEX). The random one percent selection from the pool of vehicles available for inspection will be made using random number tables. Part D - Waste Inspection Process The waste screening process will involve the following steps: Step One - Determination of waste load to be screened. (As outlined in Part C.) Step Two - Preparation of the waste screening site. A concrete pad will be constructed at the landfill approximately 50' x 100' in size and windscreen fencing will be utilized to maintain wastes within the designated area. Step Three - A team of people will be selected to conduct the waste screening process. Personnel involved in the waste screening process will include those who meet the following criteria: must have completed the training requirements outlined in Part B (and basic first- aid training) must possess good oral and written communication skills must be free of any physical limitations that would hinder performance of screening operations must possess good vision, good sense of smell and the ability to readily detect heat Step Four - The basic equipment needed to perform the waste screening process will include the following: rake, hoe, shovel for the purposes of moving and sorting waste wire cutter and pry bar the purpose of opening containers poles and flagging for the-purpose of marking areas of suspected waste contamination inspection forms, watch, camera, clip board for the purposes of recording the inspection results fire extinguisher, absorbent material and soil for the purpose of fire suppression and spill containment NewPutorPayforBFIcontract~rO2072OOS1.doc Page 10 of 1 3 paint filter test kit for the purpose of determining free liquids first-aid kit two-way radio for communication purposes Step Rye - Protective equipment needed to perform the waste screening process will include the [ollowing: safety goggles [or eye protection chemically resistant boots, gloves and tyvek suits hardhat Step Six - Waste screening recording form. (Attached in Section 9) Step Seven - Remediation: In accordance with 30 TAC ' 330.1 14 (5) (E); the following procedure will be followed in the event that a hazardous or non-allowable waste is found in the waste screening process: Non-allowable wastes will be loaded back onto the vehicle and the transporter will be required to give evidence of where the waste is taken for disposal. Hazardous wastes it identifiable and not an imminent threat to the landfill or human health, will be removed [rom the screening area and temporarily confined in the hazardous waste storage building of the household hazardous waste I'acility (located adjacent to the screening area), until such time that arrangements for its removal and subsequent disposal can be made by a hazardous waste contractor. If, however, the waste does pose an imminent threat to the landfill or human health, the City's Fire Department (Hazmat Unit) will be contacted to secure the waste and assure its safe containment, in either case, any costs associated with the proper disposal will be the responsibility of the transporter who brought the waste to the landfill. NewPulorPayforBFIconLracirjrO20720051.doc Page 1 1 of 13 7. FIRE PROTECTION PLAN The lollowing steps must be taken regularly by designated landfill personnel to prevent fires: Burning waste must be prevented from being dumped in the active area of the landfill. The Gate Attendant and equipment operators must be alert for signs of burning waste such as smoke, steam, or heat being released from incoming waste loads. $ Fuel spills must be contained and cleaned up immediately. Dead trees, brush, or vegetation adjacent to the landfill must be removed immediately, and grass and weeds mowed so that forest, grass, or brush fires cannot spread to the landfill. $ No smoking on the active areas of the landfill site. Specific Fire-Fighting Procedures If a fire occurs on a vehicle or piece of equipment, the first step is to bring the vehicle or equipment to a safe stop. If safety of personnel will allow, the vehicle must be parked away from fuel supplies, uncovered solid wastes, and other vehicles. Shut off the engine, engage the brake, or use some other appropriate method to prevent subsequent movement of the vehicle. If the fire is in the working face, the burning area should be isolated, by pushing the fire, with the wind, out of the working face. Soil should be placed on the fire to smother it. If this is not possible or unsafe, efforts to cover the working face with earth must be initiated immediately to smother the fire. General Rules for Fire Incidents Contact the Fire Depadment by calling 361/854-9704 or 911. The Cities Fire Department, approximately 3.5 miles away, would respond if necessary. $ Aled other facility personnel. Assess extent of fire and possibilities for the fire to spread and alternatives for extinguishing the fire. If it appears that the fire can be safely fought with available fire fighting devices until arrival of the Fire Depadment, attempt to contain or extinguish the fire. Upon arrival of Fire Department personnel, direct them to the fire, and provide assistance, as appropriate. NewP~torPa, yfor~,F~conU~,ctd~020720051 .doc Page 1 2 of 1 3 $ Do not attempt to fight a fire alone. $ Do not attempt to fight a fire without adequate personal protective equipment. $ Be familiar with the use and limitation of firefighting equipment. Fire fighting methods include smothering with soil, separating burning material from other waste, and spraying with water from the water truck or pumped from nearby ponds or streams. If detected soon enough, a small fire may be fought with a hand-held extinguisher. Fire extinguishers will be located at the Gate House and on each piece of operating equipment. Generally, the firefighting technique that can be quickly employed to fight a landfill fire is smothering with soil. The faster that soil can be placed over the fire, the more effective this method will be in controlling and extinguishing the fire. Enough cover soil will be stockpiled within 2500 feet of the working face or active disposal area to cover the entire working face. The site must be provided with fire extinguishers, of a type, size, location, and number as recommended by the local Fire Depadment or the City's insurance carder. Fire extinguishers must be fully-charged and ready for use at all times. Each extinguisher must be inspected on an annual basis and recharged as necessary. These inspections must be performed by a qualified service company, and all extinguishers must display a current inspection tag. Inspection and recharging must also be performed following each use. The gate house, as well as all landfill equipment and vehicles, will be equipped with fire extinguishers. NewPutorPayforBFIconh-actrjrO20720051 doc Page 1 3 of 1 3 EXHIBIT B INSURANCE REQUIREMENTS 1. Hauler Liability Insurance The Hauler may not deliver any solid waste to the City's J. C. Elliott Municipal Landfill under this Agreement until Hauler has obtained all insurance required by this exhibit and the required insurance has been approved by the City. The Hauler may not allow any subcontractor to deliver solid waste to the Landfill until all similar insurance required of the subcontractor has been obtained and approved. The Hauler must furnish to the Ci~s Risk Manager, 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by insurance company(s) acceptable to the Cib/s Risk Manager. TYPE OF INSURANCE 30-Day Notice of Cancellation required on all certificates Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Products/Completed Operations Hazard 4. Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury 8. Pollution Liability AUTOMOBILE LIABILITY--OWNED NON- OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY PROFESSIONAL POLLUTION LIABILITY/ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long-term environmental impact for the disposal of contaminants MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage $1,000,000 COMBINED SINGLE LIMIT AGGREGATE LIMIT OF LIABILITY FOR EACH POLICY PERIOD $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 2.A. OF THIS EXHIBIT $100,000 $1,000,000 AGGREGATE LIMIT OF LIABILITY FOR EACH POLICY PERIOD NewPu[orPayforBFh:~3ntractrjrO20720051.doc Page 1 of 3 In the event of accidents ct any kind, the Hauler must furnish the Risk Manager with copies of all repods of such accidents at the same time that the reports are forwarded to any other interested parties. 2. ADDITIONAL REQUIREMENTS The Hauler and its subcontractors must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through sell-insurance, then within 10 calendar days after the date the Contract Administrator or his designee requests that the Hauler sign the contract documents, the Hauler must provide the Risk Manager with a copy of its cedificate of authority to self- insure its workers' compensation coverage, as well as a letter signed by the Hauler stating that the certificate of authority to self-insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time be[ore the expiration of the Agreement by the City, the certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the cedificate, then the Hauler must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to Director of Solid Waste Services, City of Corpus Christi, P.O. Box 9277, Corpus Christi, TX 78469-9277. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Hauler and its subcontractors will be promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom dght) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". The name of the project, e.g., "City of Corpus Christi Solid Waste Hauler Agreement" must be listed under "Description of Operations" NewPutorPayforBFIcon[racbjrO20720051.doc Page 2 of 3 At a minimum, a 30-day written notice to the Ci~s Risk Manager of change or cancellation is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1 .B.(1 )-(8), an authorized representative of the insurance company must include a letter specifically stating whether items 1 .B.(1 )-(8) are included or excluded. NewPulorPayforBFIcontractrJr020720051.doc Page 3 of 3 WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BFI WASTE SYSTEMS OF TEXAS, L.P. R13333AA.doc A~icle 1 2 3 4 5 6 7 8 9 10 11 12 13 14 TABLE OF CONTENTS Subject Page Number General Provisions ..................................................................................... 1 Acceptable Waste ..................................................................................... 6 Fees .......................................................................................................... 7 Billing and Payments .................................................................................. 7 Landfill Procedures ................................................................................... 8 Assignments ........................................................................................... 10 Insurance ................................................................................................ 10 Indemnification ......................................................................................... 11 Governmental Regulation ........................................................................ 13 Suspension for Force Majeure ................................................................. 13 Liquidated Damages and Default ............................................................. 14 Representation and Warranties ................................................................ 16 Governing Law and Venue ...................................................................... 17 Miscellaneous Provisions ......................................................................... 17 R13333M.doc WASTE DISPOSAL AGREEMENT This Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ("the City"), and BFI Waste Systems of Texas, L.P. ("Hauler") requires the City to accept, process, and dispose or acceptable solid waste brought by the Hauler to the City's J. C. Elliott Municipal Landfill ("Landfill"), located at 7001 Ayers in the City of Corpus Christi, Texas, and requires the Hauler to deliver to the Landfill and pay for the dfsposal of a minimum volume of acceptable Solid Waste under the terms and conditions of this Agreement. The parties agree to the following: ARTICLE 1. GENERAL PROVISIONS. 1.1. Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means garbage, litter, refuse, rubbish, yard waste, heavy brush, debris, and construction/demolition materials, but does not include hazardous, medical, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 US.C. 6901, et seq. Bulky items means indoor and outdoor furniture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. Clean wood waste means individual pieces of wood of the type normally sold by lumber-yards and home improvement centers that is free of hardware and other large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other construction materials. Coastal Bend Region means Arar~sas, Bee, Brooks, Duval, J[m Wells, Live Oak, Kenedy, Kleberg, McMullen, Nueces, San Patricio, and Refugio Counties. Construction/demofition materials means waste resulting from construction or demolition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Debris means large waste materials, such as construction/demolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. R1333aA.Ado¢ Page 1 of 22 Effective date means July 1, 2001. Force Majeure means any event or condition, whether affecting the Landfill, the City, or the Hauler, that has, or may reasonably be expected to have, a material adverse effect on a party's obligation under this Agreement or on the Landfill, if the event or condition is beyond the reasonable control, based on sound management or industry practices, and not the result of willful or negligent action or a lack of reasonable diligence, of the party ("non-performing party") relying the event or condition as justification for not performing any obligation or complying with any condition required of the party under this Agreement. The following events or condition shall, if they meet the requirements of the preceding sentence, constitute a Force Majeure: (a) An act of God, storm, flood, or similar occurrence (except for weather conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war, blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. (b) The order or judgment of any Federal, State, or local court, administrative agency, or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the non-performing party, and the non-performing party does not contro~ the administrative agency or governmental officer or body, provided that the diligent contest in good faith of any order or judgment does not constitute or may not be construed as a willful or negligent action or a lack of reasonable diligence of the non-performing party. (c) The adoption, promulgation, issuance, material modification, or change in interpretation, after the date of this Agreement, of any Federal, State, or local law, regulation, rule, requirement, or ordinance. (A law, regulation, rule, requirement, or ordinance is duly adopted, promulgated, issued or otherwise officially modified or changed in interpretation, when it is in provisional, interim, or final form and effective or to become effective without any further action by any Federal, State or Iocat governmental body, administrative agency, or govemmental official having jurisdiction.) (d) The failure of the City or public utilities having operational jurisdiction in the area of the Landfill to provide, maintain, and assure the maintenance of all utilities, services, sewerage, and water lines essential to the operation of the Landfill, except a failure caused by the gross negligence, willful action, or a lack of reasonable diligence by the City. (e) A strike, lockout, or other similar labor action; (f) The failure to obtain or maintain any essential permit or license from any governmental unit; Page 2 of 22 Garbage means putrescible animal or vegetable matter, such as waste material and refuse usually associated with the preparation of food from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses, but does not include sewage, body waste, or industrial byproducts Hazardous waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous substance under applicable laws, including without limitation: (i) The Solid Waste Disposal Act, atso known as the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., as replaced or amended from time to time, and the rules, regulations, wdtten policies, or written guidelines promulgated the Act (including without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C. 260, et seq., as replaced or amended from time to time, and the rules, regulations and written policies and written guidelines promulgated the Act, (iii) Any State law or regulation of governing the storage, transportation, and disposal of solid waste, hazardous waste, toxic materials, or hazardous substances, including but not limited to the Texas So~id Waste Disposal Act, Texas Hea~th and Safety Code, Chapter 361, and 30 Texas Administrative Code Chapter 330, (b) Radioactive material, which is source, special, nuclear, or by-products material within the meaning of the Atomic Energy Act of 1954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines promulgated under the Act. (c) Any other waste, material, or substance, which is characterized or defined to be toxic or hazardous by the State of Texas, TNRCC, or USEPA with respect to the Landfill or by any other Federal or State regulatory agency having jurisdiction over the Landfill under any written regulation, policy, guideline, or order having the force of law. (d) Notwithstanding the above, if the TNRCC or USEPA determine by written regulation, policy, guideline, or having the force of law in relation to: (i) A waste, material, or substance, which is not considered toxic or hazardous as of the effective date of this Agreement, is toxic or hazardous, then the waste, material, or substance shall, from the Page 3 of 22 effective date of the determination by TNRCC or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shal~, from the effective date of the determination by TNRCC or USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement. Heavy brush means tree and shrub limbs and trimmings, which are greater than three (3) inches in diameter, tree trunks, root balls, and other large plant matter. Household appliance means general household appliance that will not fit into a refuse receptacle including: Non-metal apptiance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item constructed primarily of plastic or other non-metallic parts Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal pads. Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited construction/demolition materials commonly generated by a residential household. Jurisdictional waste means waste collected within the City or its industrial districts. Landfill means the J. C. Elliott Municipal Landfill located at 7001 Ayers, Corpus Christi, Texas. Litter means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans, or remnants or parts thereof, or any material of an unsanitary nature. Medical waste means waste generated by health-care related facilities and associated health-care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. Recyclable means a waste material that has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose, or that may be reused, sold as a commodity, or converted into another product. R13333AAd~c Page 4 of 22 Refuse means a mixture of garbage, rubbish, and other waste that are normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. Rubbish means non-decayable solid waste, excluding ashes, that consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Site Operating ?lan means the Site Operating Plan for the City of Corpus Chdsti J. C. Elliott Landfill generally applicable to customers utilizing the Landfill, as determined by the City. Sofid waste means garbage, rubbish, litter, refuse, yard waste, heavy brush, debris, and construction/demolition mateffia~s. Tipping fee rate means the rate charged to a commerciai vehicle disposing of solid waste at a the City disposal site TNRCC means Texas Natural Resource Conservation Commission, Ton means 2,000 pounds. Trash means a single item of rubbish, not otherwise defined as debris or construction/demolition material, but including a small household appliance that will not fit into a conventional refuse receptacle. Unacceptable waste means waste that the City is not allowed to accept under the ru~es issued by the TNRCC or the Site Operating Plan. USEPA means the United States Environmental Protection Agency. Yard Waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. 1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of masculine gender means and include correlative words of feminine and neuter genders and words importing the similar number means and include the plural number and vice versa. 1.3. Term. 1.3.1. Unless sooner terminated under the terms of this Agreement, this Agreement is in effect and remains in full force and effect the dudng period from the effective date through the date the City stops accepting all forms of acceptable waste at the Landfill from permitted haulers. R13333AA doc Page 5 of 22 1.3.2. Upon expiration of the term, the Hau~er's obligations to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate. 1.3.3. However, the provisions of Article 8 and Sections 12.3, 14.18, and 14.19 shall survive the termination of this Agreement. 1.3.4. The City will provide the Hauler with annual notice of the anticipated life span o[ the Landfill. 1.3.5. The City will provide at least 12 months notice of the date the City wil~ no longer accept all forms of acceptable waste from permitted haulers at the Landfill. 1.4. Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's permit as required by applicable City ordinances. ARTICLE 2. ACCEPTABLE WASTE 2.1. Acceptable Waste. 2.1.1. The Hauler shall deliver only acceptable waste. 2.1.2. Any acceptable waste co-mingled with hazardous, medical, or unacceptable waste will be considered unacceptable waste. 2,1.3. At any time, the City and Hauler mutually may agree in writing that any materials, which are defined as unacceptable waste in Section 1.1. of this agreement, should in the future be reclassified as acceptable waste. 2.2. Guaranteed Tonnage. 2.2.1. Commencing on the effective date, the Hauler guarantees to deliver not less thah 150,000 tons per year ("guaranteed annual tonnage") of jurisdictional waste and acceptable waste collected outside the City's limits to the Landfill, and the City guarantees that it will accept the waste. 2,2.2. The Hauler shall deliver the guaranteed annual tonnage. The Hauler's targeted monthly tonnage delivery schedule is attached to and incorporated into this Agreement as Exhibit A. 2.3. Adjustments to Guaranteed Tonnage. 2.3.1. If notwithstanding the Haufer's best efforts and implementation of best business practices, the Hauler documents to the reasonable satisfaction of the City a loss of customers in the Coastal Bend Region, which has resulted in a net decline of more than 10% of the deliveries to the Landfill by the Hauler, and as a result the Hauler is unable to deliver the guaranteed tonnage for a pedod in R13333,¥kdoc Page 6 of 22 excess of a year, the parties will act in good faith to renegotiate the guaranteed tonnage. 2.3.2. The Hauler may request a change in its guaranteed tonnage sixty days before the annual anniversary date of this Agreement. 2.4. Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hauler will not deliver hazardous, medical, or unacceptable waste to the City. 2.5. Ownership of Solid Waste. Any solid waste delivered to the Landfill remains the property of the generator. Legal title to the solid waste shall never pass to the City. Upon request, the Hauler will make records available to the City to determine the generators of any hazardous, medical, or unacceptable waste delivered to the Landfill. ARTICLE 3. FEES 3.1. Acceptance Fee for Guaranteed Monthly tonnage. The discounted acceptance fee for acceptable waste delivered by the Hauler to the Landfill is $19.50 per ton. plus any mandated Federal or State fees. 3.2. Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed by City ordinances. ARTICLE 4. BILLING AND PAYMENTS. 4.1. Billing. After the end of each month, the City will bill the Hauler for the total fees due for the billing period. 4.2. Payments. The Hauler shall make payment to the City or the amounl of each bill within 30 days ct the billing date ("due date") shown on the bill. 4.3. Overdue Charges. If payment in full is not made on or before the due dale, the Hauler shall pay an administrative late fee of $100 and any amount remaining unpaid shall bear interest at the rate of one and one half percent (1-1/2%) per month or the highest rate that may then be lawfully charged and paid, whichever is less, from the due date to the actual date of payment. 4.4. Disputes. 4.4.1. In the event cfa dispute as to any monthly payment the Hauler shall pay when due the amount of the bill, less the amount in dispute. 4.4,2. The Hauler shall give the City, at the time payment is made on the bill, written notice of the dispute. 4.4.3. The notice of dispute shall state the amount in dispute and a full statement of the grounds that form the basis of the dispute. R13333AA.doc Page 7 of 22 4.4.4. Upon settlement by the parties of the dispute, if the City prevails, the Hauler shall pay interest on any amount not paid by the due date at the interest rate specified in Section 4.3. 4.5. Fees Not Subject to Set-Off. The obligations of the Hauler to pay fees under the terms under this Agreement are not subject to any set-off, abatement, counterclaim, existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable, which might otherwise constitute a legal or equitable defense or discharge of the liabilities o[ the Hauler under this Agreement or limit recourse to the Hauler. 4.6. Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments. Payments made under this Article do not prejudice the rights of the Hauler to claim abatements, refunds or adjustments to which it is entitled under this Agreement. ARTICLE5. LANDFILLPROCEDURES. 5.1. Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered by the Hauler under the terms of this Agreement unless the City has rejected the solid waste under Section 5.2. of this Agreement. 5.2. Rejection of Solid Waste. 5.2.1. The City is not obligated to accept waste if the Landfill is closed due to a Force Majeure. 5.2.2. The City is not obligated to accept waste if the Hauler's account is more than 60 days in arrears of the due date~ But the City will accept any acceptable waste if the Hauler makes a cash payment at the time of delivery. 5,2.3. The Hauler fails to comply with any published delivery procedures. 5.2.4. I[ a delivery of solid waste contains both acceptable waste and any hazardous, medical, or unacceptable waste. 5.3. improper Delivery of Hazardous, IVledical, or Unacceptable Waste to Landfill. The Hauler agrees Io comply wilh the provisions in the Site Operating Plan relaling to the improper delivery of hazardous, medical, or unacceptable waste and the procedures for removing any hazardous, medical, or unacceptable waste from the Landfill The Hauler agrees to pay any charges relating to the removal and disposal of hazardous, medical, or unacceplable waste that would be charged to any other permitted hauler that improperly delivered hazardous, medical, or unacceptable waste to the Landfill. 5.4. City Not Required to Screen Waste. Nothing in this Agreement obligates the City to screen waste or to detect hazardous, medical, or unacceptable waste delivered by the Hauler. Page 8 of 22 5_5. Delivery Schedule. 5_5.1. During the term, the Hauler may deTiver acceptable waste to the Landfill during its normal posted hours of operations. 5.5.2. The City will open the landfill for at ~east 58 hours, during weeks without City holidays. 5.5.3. The City will consider requests for additional hours based on special needs of the Hauler and the availability of Landfill personnel 5.5.4. Except in a Force Majeure, the City will provide the Hauler with at least 48 hours advance notice of any changes in the hours or days of operation. 5.6. Delivery Procedures. 5.6.1. The delivery of solid waste to the Landfill shall be regulated by the provisions of the Site Operating Plan. Copies of the relevant provisions will be provided by the City to the Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Landfill. An extract of the relevant provisions of the current Site Operating Plan is attached as Exhibit B. 5.6.2. The City reserves the right to redirect the Hauler's trucks from the working face to an on-site transfer station. 5.7. Delivery Vehicles. 5.7.1. Acceptable waste must be delivered by the Hauler, at its expense, to the Landfill in enclosed container vehicles or enclosed compactor vehicles complying with any applicable State laws and regulations and City ordinances regulating the permittiBg of haulers, vehicles, and containers, regulating the marking of solid waste vehicles and containers, setting insurance requirements for haulers and vehicles, and identifying the generators of solid waste being delivered to the Landfill. 5.7.2. The City may provide for a system for the identification of delivery vehicles, including, without limitation, identification of the Hauler, identification of the specific vehicle, and tare weight of the vehicle or containers used to haul solid waste to the Landfill. 5.7.3. The City is under no obligation to accept acceptable waste from persons or vehicles not complying with the permitting and marking systems, the insurance requirements, or the delivery procedures established by the City. 5.7.4. The City may enforce compliance with permitting and marking systems and delivery procedures by denial of disposal privileges and such other means as it may reasonably determine to be necessary and appropriate. Page 9 of 22 5.8. Front of Line Privileges. 5.8.1. The City will provide front of line privileges to the Hauler and other haulers with "put or pay" contracts with the City. 5.8.2. The City may at its discretion suspend front of line privileges under this agreement when waiting times to tip for other permitted haulers at the Landfill approach thirty (3,0) minutes. ARTICLE 6. ASSIGNMENTS. 6.1. Assignment By Hauler. The Hauler may not assign or transfer, directly or indirectly, its interest in and to this Agreement, without the consent of the City Manager, which consent will not be unreasonably withheld, delayed, or subject to unreasonable conditions. 6.2. Assignment By City. The City may, with prior written notice to the Hauler, assign all or any portion of this Agreement for any lawful purpose. The assignment of all or any portion of this Agreement does not relieve the City of any obligation under this Agreement without the consent of Hauler. ARTICLE 7. INSURANCE. 7.1. Insurance Requirements. insurance requirements are attached to and incorporated into this Contract as Exhibit C attached to and made a part of this Agreement, and may be revised annually by the City's Contract Administrator upon thirty (30) days written notice to Hauler. 7.2. Insurance Required by Subcontractors. Any subcontractor, which is hired by Hauler to deliver solid waste to the Landfill, must maintain the same insurance as specified in Exhibit C prior to delivering any solid waste to the Landfill. 7.3. Certificates of Insurance. Before activities can begin under this Contract, Hauler's and any subcontractor's insurance company(les) must deliver Certificate(s) of Insurance, as proof of the required insurance coverages to the City's Contract Administrator. 7.4. Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally, the Certificate(s) must state that the City 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. 7.5. City Named As Additional Insured. The City must be named as an Additional insured in each policy. The City Attorney must be given copies of all insurance policies within 15 days of the City's Contract Administrator's written request. 7.6. Waiver of Claim of Recovery. The Hauler waives any claim for recovery from the City for any injury, loss, or damage to Hauler resulting from the performance of this R13333AA.doc Page 10 of 22 Agreement, to the extent compensation for the injury, loss, or damage shall have been recovered under any insurance policy. 7.7, Written Notice of Injury, Loss, or Damage Required. Immediately upon the occurrence of any injury, loss or damage resulting from the performance of this Agreement. written notice shall be given to the City's authorized representative. ARTICLE 8. INDEMNIFICATION 8.1 Indemnification for Death, Personal Injury, or Property Damage. 8.1.1. To the extent allowed by Texas law, Hauler, its officers, members, partners, employees, agents, subcontractors, and licensees shall fully indemnify, save, and hold harmless the City, its officers, employees, agents, licensees, and invitees ("City indemnitees") against any and all liability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the Hauler's defivery of solid waste to the Landfill under this agreement. 8.1.2. To the extent allowed by Texas law, the City shall fully indemnify, save, and hold harmless the Hauler, its officers, employees, agents, licensees, and invitees ("Hauler indemnitees ") against any and all liability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the City's delivery of solid waste to the Landfill under this agreement. 8.2. Indemnification for Improper Disposal of Hazardous, Medical, or Unacceptable Waste. If the City elects to dispose of any hazardous, m3~33~doo Page 11 of 22 medical, or unacceptable waste, the Hauler shall indemnify and hold the City indemnitees harmless from and against all liabilities, losses, damages, costs, expenses, and disbursements, including reasonable legal fees and expenses arising out of the processing or disposal by the person of unacceptable waste or waste not constituting acceptable waste delivered by the Hauler and incidental and consequential damages incurred by the City indemnitees. 8.3. Indemnification for Violations of Any Federal or State Laws and Regulations. The Hauler shall hold harmless and indemnify the City indemnitees from and against any expense, fine, or penalty, including attorneys fees, and shall defend the indemnitees in any proceeding, including appeals, for violation of any Federal or State law, rule, or regulation relating to the collection, transportation, and disposal of solid waste arising out of the any of the following: 8.3.1. The negligence or wrongful misconduct of the Hauler, its directors, officers or partners, employees, contractors, or agents. 8.3.2. The failure by the Hauler, its directors, officers or partners, employees, contractors, or agents to comply with applicable law, rule, or regulation. 8.3.3. The delivery by the Hauler of any Hazardous Waste or hazardous, medical, or unacceptable waste to the Landfill. 8.4. Duty to Investigate, Defend, Settle, and Pay Any Claims and Demands. 8.4.1. Hauler must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend afl actions with counsel satisfactory to City indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. 8.4.2. To extent authorized by law, the City must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to Hauler indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising R13333A. A doc Page 12 o[ 22 from any of said liability, damage, loss, claims, demands, or actions. ARTICLE 9. GOVERNMENTAL REGULATION. 9.1. Jurisdiction. The City and the Hauler acknowledge that the collection, transportation, and disposal of solid waste is subject to regulation under both Federal and State laws and regulations and the jurisdiction of various governmental agencies, including, without limitation, USEPA, TNRCC, and the Texas Department of Public Safety. 9.2. Compliance with Laws, Regulations, and Ordinances Relating to the Collection, Transportation, and Disposal of Solid Waste. The City and the Hauler agree, a[ their own expense, (subject to the provisions in this Agreement relating to Change in Law and Force Majeure), to materially comply with ali applicable law, statutes, rules, regulations, ordinances, and Site Operating Procedures appli(~able to them in connection with this Agreement and the transactions contemplated by this Agreement. The law, statutes, rules, regulations, and ordinances may include, without limitation, actions taken by the Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic associated with the Landfill. 9.3. Compliance with Other Laws and Regulations and Industry Standards by Hauler_ Hauler shall comply with all other applicable laws, rules, regulations, ordinances, permits, and requirements of any governmental entity having jurisdiction, including all applicable health and safety, anti-discrimination, affirmative action, and minority business opportunity laws, and all applicable industry codes, specifications, and standards respecting Hauler's business and operation. 9.4. Compliance by Hauler's Agents and Subcontractors. The Hauler agrees to take all necessary action to cause persons delivering waste on its behalf to the City to comply with aqy law, statute, rule, regulation, order, standard, Site Operating Procedures, Or ordinance of the City of Corpus Christi, USEPA, TNRCC, the Texas Department of Public Safety, and any other authorized Federal or State agency or law enforcement organization. ARTICLE 10. SUSPENSION DUE TO FORCE MAJEURE. 10.1. Suspension of Obligations. 10.1.1. A delay or failure of performance under this Agreement by either party shall not constitute an event of default or cause for any liability under this Agreement to the extent caused by Force Majeure. 10.1.2. Any delay or failure caused by a Force Majeure shall be excused at any time performance is affected by a Force Majeure and during the period as may be reasonably necessary for the affect party, using its reasonable efforts to correct the adverse effects of the Force Majeure. R 13333AA doc Page 1 3 of 22 10 1.3. If the Force Majeure causes a reduction, but not a complete suspension in the ability of the City in connection with the operation of the Landiqll to accept, process, or dispose of acceptable waste, then subject to then existing commitments of the City with respect to the Landfill, and the requirements of all applicable permits, consents ,and approvals of the USEPA, TNRCC, and other governmental entities, the City shall use its reasonable effods to allocate a portion of the reduced capacity of the Landfill to the Hauler. The allocation of landfill capacity shall be determined by the City in its sole discretion. 10.1.4. The party relying on a Force Majeure as justification for a delay or failure of performance under this Agreement shall give the other party prompt written notice of the Force Majeure. 10.2, Efforts to Remove Condition. A party whose performance is adversely affected by a Force Majeure shall use its reasonable efforts to overcome or remove the Force Majeure. 10.2.1. After the completion of a suspension due to the Force Majeure and to the extent the City has the capacity to accept and dispose of excess waste, the Cit~ shall use its reasonable efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to deliver to the City during the Force Majeure period. 10.2.2. The City is not obligated to accept acceptable waste to the extent that the acceptance, processing, or disposal of the acceptable waste is contrary to or in violation of or would cause the City to be in violation of any permits and approvals for the Landfill. 10.2.3. In the event that Hauler is prevented from delivering acceptable waste to the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is reasonably practicable under the circumstances. The parties shall negotiate and agree on the period during which Hauler is entitled to cure any resulting shortfall. 10.3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regulation, rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a Force Majeure. ARTICLE 11. LIQUIDATED DAMAGES AND DEFAULT. 11.1. Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as required by the terms of this Agreement, the Hauler may select an alternate disposal site and be credited for any acceptable waste delivered to an alternate disposal site for the pedod of the failure by the City. I[ the conditions continue for more than thirty (30) days, this Agreement automatically terminates. 11,2. Events of Default of the City. The City is in default if it makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated R13333AA doc Page 14 of 22 insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to it under any bankruptcy, reorganizalion, arrangement, readjustmenl of debt, dissolution, or ~iquidation ~aw or statute of any jurisdiction, whether now or after the effective date of this Agreement is in effect, or if there shall have been filed any such proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the City's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the City or any substantial part of the City's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 11.3. Events of Default of Hauter. Each of the following shall be an event of default by the Hauler under this Agreement and are grounds for termination of the Agreement: 11,3.1, The Hauler fails to pay any amounts, including without limitation, the acceptance fee, and any amounts payable under Sections 5.2 or 5.3, which become due under this Agreement, within thirty (30) days of notice of delinquency from the City. 11.3.2. The Hauler fails to observe and perform any other material term, covenant, or agreement contained in this Agreement, the Site Operatin9 P~an, or other agreements or policies to which either the Hauler is subject and the failure continues for a period of thirty (30) days after written notice to the Hauler spedfTin9 the nature of the failure and requesting that it be remedied. 11.3.3. The Hauler fails to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. 11.3.4. The Hauler makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to anytribunaT for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to the Hauler under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after this Agreement is in effect, or if there is or has been filed any proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the Hauler's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the Hauler or any substantial part of the Hauler's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 11.4. Remedies on Default. Whenever any event of default occurs and is continuing, the non-defaulting party has the following rights and remedies: R13333AA doc Page 15 of 22 11.4.1. Upon ten (10) days written notice to the City, if the City is then in default, the Hauler has the option to terminate this Agreement, un~ess the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the City has taken remedial steps the effect of which would be to enable the City to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a coud or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.2. Upon ten (10) days written notice to the Hauler, if the Hauler is then in default, the City shall have the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration or ten (10) day pedod or unless during the period the Hauler has taken remedial steps the effect of which would be to enable the Hauler to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.3. Upon written notice to the Hauler, if the Hauler has defaulted, the City shall have the option, without terminating this Agreement, to stop accepting acceptable waste delivered or tendered for delivery by the Hauler, until the default is cured or this Agreement is terminated. The City may concurrently pursue any other remedies to which it is entitled at law or in equity for the default. ARTICLE 12. REPRESENTATION AND WARRANTIES. 12,1. Representations and Warranties of the Hauler. 12.1.1. The Hauler by this Agreemen[ represents and warrants to the City that this Agreement has been executed by authorized officers of the Hauler, and has before entering this Agreement delivered to the City evidence of the authority. 12.1.2. The Hauler has the full power and authority to execute and deliver this Agreement to the City and to carry out the obligations and transactions contemplated by this Agreement throughout its term. 12.1.3. There is no claim or litigation pending or to the knowledge of the Hauler, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.2. Representations and Warranties of the City. 12.2.1. The City by this Agreement represents and warrants to the Hauler that the City has the full power and authority to execute and deliver this Agreement to the Hauler and to carry out the obligations and transactions contemplated by this Agreement. R13333AAdoc Page 16 of 22 12.2.2. There is no claim or litigation pending or to the knowledge of the City, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.3. Liability for Breach. it is understood and agreed that the signatories to this Agreement are liable to each other in the manner and to the extent provided by law for any loss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or obligation of this Agreement. This section shall survive the term of this Agreement. ARTICLE 13. 6OVERNING LAW AND VENUE. 13.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 13.2. Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Chdsti Division. 13.3. Agreement Not Affected by Pending Litigation. Except as otherwise specifically provided in this Agreement, the pendency of any claim or litigation does not affect the obligations of the parties to make any payment or render any service required by this Agreement or the rights of the parties under this Agreement. ARTICLE 14. MISCELLANEOUS PROVISIONS. 14.1. Entire Agreement. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties. This Agreement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. 14,2. Waiver, No delay in exercising or Ihe failure to exercise of any right or remedy accruing to or in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the right or remedy. Every right and remedy given under this Agreement or by law may be exercised from time to time and as often as may be deemed expedient by the parties to this Agreement. 14.3. Amendments and Modifications. This Agreement may not be amended or modified except in writing. The amendment or modification must be signed on behalf of both parties by their duly authorized officers, 14.4. Independent Contractor. Hauler 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 ol~ Hauler be considered as an employee of the City. R13333AA doc Page 17 of 22 14.5. Subcontractors. 14.5.1. Hauler may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Hauler must obtain prior written approval from the Contract Administrator. 14.5.2. In using subcontractors, Hauler is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Hauler. 14.5.3. All requirements of this Agreement imposed on the Hauler are applicable to all subcontractors and their employees to the same extent as if the Hauler and its employees had performed the services. 14.6. Successors and Assigns. This Agreement inures to the benefit of and binds the respective successors and permitted assigns of the parties to this Agreement. 14.7. Contract Administrator. The Contract Administrator designated by the City is responsible for approval or all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Hauler's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the City's Director of Solid Waste Services. 14.8. Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed to have been given when dowered personally or deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by commercial overnight couder addressed to the party to whom notice is being given at the party's address set forth below. Either party may change its address by sending written notice that complies with this Section. Hauler: BFI Waste Systems o1' Texas, L.P. Attn: Mickey Shuford P.O. Box 9236 Corpus Christi, Texas 78469-9236 City: Director of Solid Waste Services City of Corpus Christi 2525 Hygeia Street P.O. Box 9277 Corpus Christi, Texas 78469-9277 14.9. Representatives. For billing purposes, the padies designate the following representatives and addresses: Hauler: BFI Waste Systems of Texas, L.P. Attn: Mickey Shuford P.O. Box 9236 Corpus Christi, Texas 78469-9236 R13333AA,doc Page 18 of 22 CitT: City of Corpus Christi - Financial Services Accounts Receivables 1201 Leopard Street P.O Box 9257 Corpus Christi, Texas 78469-9257 14.10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 14.11. Right to Most Favorable Acceptance or Tipping Fees. 14.11.1. if the City enters into an agreement with any other company, person, or legal entity that provides solid waste hauling services or generates, disposes, or transports solid waste to the City's landfill (or enters into a renewal, modification, extension of any existing agreement with such a party), and the document contains provisions for acceptance or tipping fees more favorable to the other party than those in this Agreement, the Hauler shall have the dght either to terminate this Agreement or to amend this Agreement to contain such more favorable terms and provisions. 14.11.2. An agreement that offers an equivalent discounted acceptance fee for a commitment to deliver all tonnage collected within the boundaries of the Coastal Bend Council of Governments ("CBCOG") instead of a guaranteed annual tonnage is considered comparable to this Agreement if the other terms and conditions are similar to this agreement. An agreement based on delivery of all tbnnage collected within the CBCOG boundaries will include the right of the City to audit for compliance and penalties for failure to deliver all tonnage from the area. 14.11.3. The City will not offer similar agreements to a hauler that has not had a solid waste hauler permit for at least 12 months. 14.12. City Reserves Legislative Authority. Nothing in this contract restricts the right of the City Council to amend the City's Code of Ordinances, including its authority to regulate, permit, and franchise solid waste haulers operating within the City or using the City's solid waste disposal facilities; regulate the storage, transportation, and disposal of any solid waste generated within the City or its industrial districts; or impose taxes, surcharges, utility fees, or other fees, including generator fees, on residents, commercia~ and industrial facilities ~ocated within the City and industrial districts and customers from outside the City who use any of the City's solid waste disposal facilities or services; and including the setting of disposal or tipping fees at City disposal facilities within and outside the City limits. Page 'i 9 of 22 14.13. Further Actions. Each party agrees that it will, at its own expense, execute any and all certificates, documents, and other instruments, and take other actions as may be reasonably necessary to give effect to the terms of this Agreement. 14.14. Duplicate Originals. This Agreement may be executed in duplicate originals,, any one of which is considered to be the original Agreement for all purposes. 14.15. Severability. In the event that any of the provisions, portions, or applications of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City and the Hauler shall negotiate an equitable adjustment in the provisions ct this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability or the remaining provisions, portions, or applications of this Agreement are not be affected by the detect in the provision, podion, or application of the Agreement that was ruled unenforceable or invalid. 14,16, Rights of Third Parties. Nothing in this Agreement is intended to confer any dght on any person other than the parties to this Agreement and their respective successors and assigns; nor is anything in this Agreement intended to modify or discharge the obligation or liability of any third person to any party to this Agreement or give any third person any right of subrogation or action over or against any party to this Agreement. 14.17. Headings for Convenience. The headings in this Agreement. are for convenience and reference only and in no way define or limit the scope or content of this Agreement or in any way affect its provisions. 14.18. Publicity and Property Rights. 14.18.1. The Hauler may not advertise or otherwise use its relationship with the City under this Agreement in any public disclosure without the prior wdtten consent of the City. The prohibition includes, without limitation, brochures, listings, references, advertisements, announcements, or other release of intorrnation concerning the existence, content or performance under this Agreement to any third party. 14.18.2. The Hauter is not permitted to photograph, firm, tape or other make audio or visual recording at, or allow any unauthorized person to enter the Landfill without the express pdor written consent of the City's Director of Solid Waste Services. 14.18.3. The Hauler may not use or permit the use of the trade or service names, marks, or Iogos of the City or any of its a~liates in any manner. 14.18.4. The Hauler's obligations under this Section 14.12 shall survive the expiration or termination of this Agreement. 14.19. Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement under its terms, any duty or obligation of Hauler, which has not been R13333AA.doc Page 20 of 22 fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created for the benefit of the City, and which has not been fully enjoyed, enforced, or satisfied (including but not limited to the duties, obligations, and rights, if any, with respect to secrecy, indemnity, warranty, guaranty) shall survive the expiration or termination of this Agreement until the duty or obligation has been fully observed, performed, or discharged and the right has been fully enjoyed, enforced, and satisfied. 14.20. Exclusivity of Remedies. Neither party shall be liable for or obligated to pay punitive, consequential, special, incidental, or indirect damages in connection with the performance of this Agreement. The parties to this Agreement have caused this Agreement to be executed on the date the City's representative executes this agreement. This Agreement is intended to take effect as a sealed instrument. AGREED TO BY: BFI WASTE SYSTEMS OF TEXAS, BP. William Davis District Manager THE STATE OF TEXAS § COUNTY This instrument was acknowledged before me on ,2001, by William Davis, District Manager, on behalf of BFI Waste Systems of Texas, L.P., a limited partnership. "Notary Public [ (~ State of Texas R13333A.A doc Page 21 of 22 CITY ~)F CORPUS CHRISTI Attest: ~ Armando Chapa City Secretary Approved as to form: This .~.(,4-~'day of ,2001 James R. Bray, Jr. City Attorney By: R.-~J~y~e ning~i Firsl/As'sistan bCity Attorney THE STATE OF TEXAS § COUNTY OF NUECES , ,/'/ --David R. Gate,a. City Manager of the City of Corpus ~)'nsti, a Texas Municipal ~,~) ~ C° rP° ~h~t~:~P° rati°n- Notary Public ,State of Texas CONNIE PARKs R 13333AA doc Page 22 of 22 EXHIBIT A TARGETED MONTHLY TONNAGE DELIVERY SCHEDULE Month Targeted Monthly tonnage January ............................................................................................................................. February ........................................................................................................................... March .............................................................................................................................. April .................................................................................................................................. May .................................................................................................................................... June .................................................................................................................................. July ................................................................................................................................... August ............................................................................................................................. September ....................................................................................................................... October ............................................................................................................................. November ......................................................................................................................... December ....................................................................................................................... Total Guaranteed Annual Tonnage .................................................................................. EXHIBIT B EXTRACTS FROM SITE OPERATING PLAN CITY OF CORPUS CHRISTI J, C. ELLIOTT LANDFILL PERMIT 423A R13333~.d~ B-1 4. OPERATIONAL PROCEDURES 4.1. Access Control Public access to the landfill is limited to one existing main entrance from Ayers Street (State Highway 286). Gate house personnel control access and monitor a~l vehicles enterin9 and exiting the site. Additionally, two other private entrance/exits gates are located at this site; one gate being at the northwest corner and the other at the southwest corner of the landfill on Greenwood Drive. These gates are used from time to time to move equipment to and from maintenance shops, as construction contractor entrances, and other such activities not directly associated with waste hauling. 4.1.1. Access From Public Road Access to the site will be from Ayers Street (State Highway 286) at the existing site entrance. Ayers Street is a two-way, two-lane asphalt-paved road, with an average pavement width of 20 feet. A site sign is prominently displayed adjacent to the gate entrance. 4_1.2. Vehicle Access Ail waste-hauling vehicles will deposii their loads at the working face or the designated processing area. Only landfill construction vehicles, landfill personnel vehicles, and the authorized haul vehicles wi)t have access to the active portion of the landfill. 4.1.3. All-Weather Access The existing site entrance is paved asphalt drive that transitions into a caliche road. The caliche on-site roads will be maintained for all-weather access by site personnel. The entrance to the facility from Ayers Street and all intedor access roads within the site are all-weather roads. Prior to inclement weather, an all-weather access area will be constructed. All-weather road and access area are provided to the active disposal area, and consist of a minimum of 8 inches of crushed caliche and/or crushed asphalt. A pad (may vary in size) may be constructed by the disposal area so that disposal vehicles will have enough room to maneuver while they are disposing of the waste. The caliche/asphalt materials used for all-weather road construction will be salvaged and reused as the access road locations change across the site. Haulers will dump waste at the edge of this designated area and allow the compactor to push the waste into the fill. Therefore, no separate wet-weather operations area wi~ be necessary. 4.1.4. Traffic Control The entrance to the landfill is located on the southeast corner of the site. The gate attendant will restrict site access only to authorized vehicles and will direct these vehicles appropriately. R13333AA doc B - 2 Solid waste transportation vehicles will be weighed at the gate scale and then directed to the active portion of the landfill. Site personnel, signs, and barricades will provide traffic directions as necessary to expedite safe movement of vehicles. 4.1.5 Site Security Site secudty measures are designed to prevent unauthorized persons from entering the site, to protect the facility and its equipment from possible damage caused by trespassers, and to prevent disruption of facility operations caused by unauthorized site entry. Unauthorized entry into the site is minimized by controlling access to the landfilt site with the perimeter fence and locked gates at all entrances. The main site entrance (Ayers Street) is secured by a gate which is monitored by the office/gate attendants during normal site operating hours. Outside normal operating hours, the gate to the site will be locked. AIl other entrances will remain locked or attended by site personnel. Entry to the active portion of the site will be restricted to designated personnel, approved waste haulers, and properly identified persons whose entry is authorized by site management. Visitors may be allowed on the active area only when accompanied by a site representative. 4.2. Unloading Wastes The landfill is authorized to receive municipal solid waste and those special solid wastes allowable under ' 330.136 of the Texas Natural Resource Conservation Commission ("TNRCC") Municipal Solid Waste Management Regulations ("MSWMR"), 30 TAC Chapter 330.. (Note: Underlined text has been added for clarity,) The site is not authorized to receive regulated hazardous wastes or radioactive wastes. These categories of wastes are prohibited at this site by state and federal regulations (refer to Section 6 - Waste Screening Plan). Special wastes will not be handled at this landfill except in accordance with TNRCC regulations and Section 4.20 -Disposal of Special Wastes of this SOP. The unloading of solid waste will be confined to as small an area as practical. Trained personnel will monitor the incoming waste on the trucks. These personnel are familiar with the rules and regulations governing the vadous types of waste that can or cannot be accepted into this facility, including knowledge of ' 330.136 of the MSWMR. The personnel also have a basic understanding of both industrial and hazardous waste and their transportation and disposal requirements. Solid waste dumping will be controlled to prevent disposal in locations other than those specified by site management. Unloading or waste in unauthorized areas is prohibited and site personnel shall take the R ~3333/M~ doc ~, - 3 necessary steps to ensure compliance with this provision. Any waste deposited in an unauthorized area shall be removed promptly and disposed of properly. Rules for waste disposal and prohibited waste will be prominently displayed on signs at the site entrance. Refer to Section 6 o Waste Screening Plan for specific waste handling procedures. 4.3. Hours of Operation The facility is open for operation six days a week, Monday through Saturday_ Normal operating hours for receiving wastes will be between 7:00 a.m. to 7:00 p.m., Monday through Saturday. The site will be closed on Sundays and certain holidays. Operation on Sundays will be limited and only held in conjunction with special events such as community clean ups. Operation of the site for special occasions, special purpose events, or other special occurrences will also be within the approved times of 7:00 a.m. and 7:00 p.m Operation on certain Holidays will be conducted from 6:00 a.m. to 2:00 p.m. to accommodate the needs of customers. 4_4. Site Signs An entrance sign is displayed at the entrance to the site. This sign states the name of the site, type of site, hours and days of operation, and the TNRCC permit number. A sign prohibiting certain types of waste such as hazardous waste, Class I waste, and smoking will be posted outside the landfi)l entrance. 4.5. Control of Windblown Wastes and Litter Windblown wastes will be controlled by several means. All waste transportation vehicles using this facility will be required to have in- place adequate covers or other means of containment for the wastes they transport. The adequacy of covers or containment of incoming wastes will be checked at the facility entrance. To further minimize windblown wastes, the facility will provide litter control fences, as necessary, at appropriate locations near the working face and elsewhere. The litter control fence will be at least 5 feet high and will be located as dose as practical to the landfllling area. Periodically (at least weekly), as pad of the overall site maintenance program, facility personnel will collect windblown waste materials which may have accumulated on-site and on both on and off-site access roads. The working face o[the active disposal area shall be covered daily to avoid prolonged exposure or wastes, and to minimize windblown material. R13333AAdoc B - 4 4_8. Control of Waste Spilled on Route to the Site The Landfill Superintendent will take steps to ensure that vehicles hauling waste to the site are enclosed or provided with a tarpaulin, net, or other means to properly secure the load. These steps are necessary to prevent the escape of any part of the load by blowing or spilling. Signs stating this policy wilt be posted and offenders may be reported by the Landfill Superintendent to proper Iow enforcement officers. The Landfill Superintendent will be responsible for the cleanup of waste materials spilled along and within the right-of-way of all public access roads serving the site for a distance of 2 miles in either direction from any entrance used for delivery or waste to the site. The Landfill Superintendent will consult with officials of the Texas Depadment of Transportation concerning cleanup of state highways and right-of-ways. 4.9. Disposal of Large Items Large appliances and other heavy items will not be placed within 5 feet of the liner. Items classified as large, heavy, or bulky may include, but are not limited to, white goods (household appliances), air conditioner units, and large metal pieces. In addition the site will maintain a Steel Recycling area near the site main entrance where large appliances and other metallic items can be stored until recycled. CFC removal will be conducted at this area. CFC's will be removed at least semi-monthly. Appropriate house keeping will be maintained at all times. 4.10. Air Quality Control Measures to control air pollution may include, but are not limited to, the foIlowing items: $ No open burning of waste will be permitted at the proposed facility Freshly landi~lled waste will be promptly covered with dirt or approved alternative daily covers. $ Odor masking agents such as sanifoam may be utilized as necessary $ Ponded water at the site will be controlled as detailed in Section 4.19 $ Accidental fires will be controlled as outlined in Section 7 - Fire Protection Plan The Landfill Superintendent will ensure that any unit of the municipal solid waste faciIibj does not violate any applicable requirement of the approved State implementation Plan developed under the Clean Air Act, Section 110, as amended. 4.11. Disease Vector Control The need for extensive vector control (control o[ rodents, flies, and mosquitoes) will be minimized through daily site operations, which include the application of daily and final R13333AA doc B - 5 cover. The extent of the working face will also be minimized. Site operators will make daily checks for insects or rodents associated with the operations and will report problems to the Landfill Superintendent. If necessary, a licensed professional should apply pesticides to ensure that proper chemicals are used and are propedy applied. 4.13. Satvaging and Scavenging Salvaging will not be allowed to interfere with prompt sanitary disposal of solid waste or to create public health nuisances. Salvaged materials will be considered as potential recycled materials. Salvaged items wi~ be removed from the site often enough to prevent the items from becomin9 a nuisance, to preclude the discharge of pollutants from the area, and to prevent an excessive accumulation of the mateda~ at the site. Special wastes received at the site will not be salvaged. Scavenging will be prohibited at all times. 4.20. Disposal of Special Wastes Acceptance of special wastes will be performed in accordance with MSWMR ' 330.136(b) requirements. Special wastes that will be accepted at the site include non- regulated asbestos-containing matedal (non-RACM), and wastes from health care related facilities. Other special wastes may be accepted. If these wastes are addressed in , 330.136 of the MSWMR, they will be handled in accordance with the procedures provided therein for that specific waste. Should a different procedure be devised or the specific waste not be addressed therein, then a request will be made in accordance with Section 330.136(a)(2) and approval received prior to acceptance of those wastes. The special wastes that will be accepted at the site and handling procedures are discussed below. Non-Regulated Asbestos Containing Materials (Non-RACM) Non-RACM will be accepted. The non-RACM shall be disposed in the active working face and immediately covered with at least two (2) feet of ether solid waste. Precautions shall be taken by site personnel to eliminate the crushing or grinding of non-RACM into a friable state Wastewater Treatment Plant Sludge Treated wastewater plant sludges will be accepted. Other matedal will receive TNRCC approval prior to its disposal. The processed matedal will be required to pass a paint filler test prior to disposal on the working face of the landfill, as prescribed in 30 TAC ' 330.136(b)(7). R13333AA doc B - 6 DEAD ANIMALS The site may receive dead animals that are delivered to the site independent of other wastes. Dead animals will be buried and covered with a minimum of 3 feet of solid waste or a minimum of 2 feet of soil immediatety upon receipt, Special Waste Report Submittal The Landfill Superintendent will submit to the TNRCC a monthly summary of special wastes received at the landfill. This report will be submitted no later than the 25th day of the month following the month in which the waste was received. The reports will be submitted on forms provided by the TNRCC. Failure to file the reports in a timety manner is considered a violation of the MSWMR, 4,21. Disposal of Industrial Waste Class I industrial waste will not be accepted at the site. Class II and Class Ill industrial solid Waste will be accepted as long as the acceptance does not interfere with normal operations. In the event that a Class I industrial solid waste ardves at the site, the appropriate departments and offices of the TNRCC will be notified. The applicable phone numbers will be included in a list of emergency phone numbers posted in the gate house and the landfill office. If the waste presents an emergency situation, the TNRCC Emergency Response Unit will be contacted. The appropriate agencies will be requested to provide assistance to the City through their respective enforcement capabilities concerning transporters and waste generators in the proper management of unauthorized waste received at the site, Refer to Section 6 - Waste Screening Plan and Section 4.2~Unloading Waste for waste screening procedures. 4.22. Prevention of Discharge of Contaminated Water The Landfill Superintendent will take all steps necessary to control and prevent the discharge of contaminated water from the facility. Should the discharge of contaminated water become necessary, the Landfill Superintendent will obtain specific written authorization from the TNRCC prior to discharge. 4.23 Leachate and Contaminated Water Plan Leachate and contaminated water will be controlled as specified in the Leachate and Contaminated Water Plan. R13333A,~dec B- 7 6. WASTE SCREENING PLAN Part A- Purpose The purpose of this plan is to prevent the unauthorized entry of waste not approved for disposal at the landfill; to protect both personnel and customers using the landfill; achieve permit compliance; and assure the environment of the landfill and surrounding area is protected from contamination from unauthorized waste. Conformity to the plan wi[[ assure efficient and effective processing of all waste at the {andfi[I. The types of wastes that are accepted at the landfill as well as the procedures for waste inspection and handling are outlined in the Site Operating Plan. Part B - Training Training requirements of landfill personnel to recognize and handle unauthorized waste will include the following: Familiarization of the Site Operating Plan Successful completion o[ formal waste screening training provided by: in-house instruction, the Texas Engineering Extension Service (TEEX), or Solid Waste Association of North America (SWANA) Records of all course attendance will be kept as well as copies of any certificates issued. A periodic review of the information provided in these sources will take place as needed. Part C - Prevention of Unauthorized Disposal Methods used to prevent unauthorized disposal will be accomplished at four (4) levels. Each level will be designed to vidually eliminate random inspections. Level One - Education and Information A sign at the entrance to the landfill will describe wastes that are not accepted for disposal and will inform customers that their waste is subject to inspection. An informational bulletin detailing the waste inspection process will be given once a year to all existing and to new customers. A letter detailing the waste acceptance policy will be mailed to the management of all major firms and municipalities who actively use the landfill. Information on the waste inspection process will be given to the local newspaper for presentation as a public service announcement. R13333'~'d°c B - 8 Level Two - Random Load Selection The selection of loads for random waste inspection consideration will exclude two groups of transporters: 1. Transporters who provide adequate documentation (as specified in 30 TAC ' 330.32(d) that unallowable wastes are avoided in the residential routing of collection vehicles. These vehicles will be identified by number. 2. Transporters of mixed residential and commercial waste that can provide assurance that the generator propedy classifies the waste and is routinely checked by the transporter for compliance. Individual vehicles not associated with any commercial activities or businesses will also be generally exempted from waste screening consideration. All other vehicles will be included in the pool of loads for waste screening consideration. Backup Procedure: In accordance with 30 TAG , 330.114 (5)(A); If at any time ar~ excluded vehicle outside the pool is found to have suspect waste within a load, the exemption status of that vehicle will become null and void, thereby subjecting it to waste screening consideration. Level Three - 30 TAC ' 330.32(d) All transporters will be required to comply with 30 TAC ' 330.32(d). A surcharge for waste remova~ will be assessed to any transporter who is discovered to have dumped an unacceptable waste. In all cases the site operator refuses to accept ownership of any unauthorized waste. Level Four - Screening Waste screening will take place in the following three ways: All manifested wastes will be checked for conformance to the manifest. Vehicles transporting manifested wastes will be excluded from the pool of vehicles subjected to random waste screening sampling. All vehicles entedng the landfill for disposal purposes including those not related to any business or commercial activity will be screened for unauthorized waste at the entrance gate. The operator maintains the dght to question the ddver of any vehicle entering the landfill. Any suspect loads will be directed to the waste screening site for inspection. All inspections will be documented in the operating record. Screening at the working face will be done by the attendant and the equipment operator by observing both the offloading and spreading of the waste. R13333AAdoc 4. Random waste inspection will be accomplished by detemaining the pool of vehicles available for inspection, including all vehicles not previously mentioned as being excluded. From this pool, one vehicle will be randomly inspected on a weekly basis as recommended by the Texas Engineering Extension Service (TEEX). 5. The random one percent Selection from the pool of vehicles available for inspection will be made using random number tables, Part D - Waste Inspection Process The waste screening process will involve the fol{owin9 steps: Step One - Determination of waste Icad to be screened. (As outlined in Part C.) Step Two - Preparation of the waste screening site. A concrete pad will be constructed at the landfill approximately 50' x 100' in size and windscreen fencing will be utilized to maintain wastes within the designated area. Step Three - A team of people will be selected to conduct the waste screening process. Personnel involved in the waste screening process will include those who meet the following criteria: must have completed the training requirements outlined in Part B (and basic first- aid training) must possess good oral and written communication skills must be free of any physical limitations that would hinder performance of screening operations must P0~sess good vision, good sense of smell and the ability to readily detect heat ~ Four - The basic equipment needed to perform the waste screening process will include the following: rake, hoe, shovel for the purposes of moving and sorting waste wire cutter and pry bar the purpose of opening containers poles and flagging for the-purpose of marking areas of suspected waste contamination inspection forms, watch, camera, clip board for the purposes of recording the inspection results fire extinguisher, absorbent material and soil for the purpose of fire suppression and spill containment paint filter test kit for the purpose of determining free liquids first-aid kit two-way radio for communication purposes Step Five - Protective equipmen[ needed to perform the waste screening process will include the following: safety goggles for eye protection chemically resistant boots, gloves and tyvek suits hardhat ~Step Six - Waste screening recording form. (Attached in Section 9) Step Seven - Remediation: In accordance with 30 TAC ' 330.114 (5) (E); the following procedure will be followed in the event that a hazardous or non-allowable waste is found in the waste screening process: Non-allowable wastes will be loaded back onto the vehicle and the transporter will be required to give evidence of where the waste is taken for disposal. Hazardous wastes if identifiable and not an imminent threat to the landfill or human health, will be removed from the screening area and temporarily confined in the hazardous waste storage building of the household hazardous waste facility (located adjacent to the screening area), until such time that arrangements for its removal and subsequent disposal can be made by a hazardous waste contractor. If, however, the waste does pose an imminent threat to the landfill or human health, the City's Fire Department (Hazmat Unit) will be contacted to secure the waste and assure its safe containment, in either case, a'ny costs associated with the proper disposal will be the responsibility of the transporter who brought the waste to the landfill. R13333A.A doc B-11 7. FIRE PROTECTION PLAN The following steps must be taken regularly by designated landfill personnel to prevent fires: $ Burning waste must be prevented from being dumped in the active area of the landfill. The Gate Attendant and equipment operators must be alert for signs of burning waste such as smoke, steam, or heat being released from incoming waste loads. $ Fuel spills must be contained and cleaned up immediately. $ Dead trees, brush, or vegetation adjacent to the landfill must be removed immediately, and grass and weeds mowed so that forest, grass, or brush fires cannot spread to the landfill. $ No smoking on the active areas of the landfill site. Specific Fire-Fighting Procedures $ If a fire occurs on a vehicle or piece of equipment, the first step is to bring the vehicle or equipment to a safe stop. If safety of personnel will allow, the vehicle must be parked away from fuel supplies, uncovered solid wastes, and other vehicles. Shut off the engine, engage the brake, or use some other appropriate method to prevent subsequent movement of the vehicle. $ If the fire is in the working face, the burning area should be isolated, by pushing the fire, with the wind, out of the working face. Soil should be placed on the fire to smother it. If this is not possible or unsafe, efforts to cover the working face with earth must be initiated immediately to smother the fire, General Rules for Fire Incidents $ Contact the Fire Department by calling 361/854-9704 or 911. The Cities Fire Department, approximately 3.5 miles away, would respond if necessary. $ Alert other facility personnel. $ Assess extent of fire and possibilities for the fire to spread and alternatives for extinguishing the fire. $ If it appears that the fire can be safely fought with available fire fighting devices until arrival of the Fire Department, attempt to contain or extinguish the fire. $ Upon arrival of Fire Department personnel, direct them to the fire, and provide assistance, as appropriate. R13333AA doc B - 1 2 $ Do not attempt to fight a fire alone. $ Do not attempt to fight a fire without adequate personal protective equipment. $ Be familiar with the use and limitation of fireflghting equipment. Fire fighting methods include smothering with soil, separating burning matedal from other was[e, and spraying with water from the water truck or pumped from nearby ponds or streams. If detected soon enough, a small fire may be fought with a hand-held extinguisher. Fire extinguishers will be located at the Gate House and on each piece of operating equipment. Generally, the firefighting technique that can be quickly employed to fight a landfill fire is smothering with soil. The faster that soil can be placed over the fire, the more effective this method will be in controlling and extinguishing the fire. Enough cover soil will be stockpiled within 2500 feet of the working face or active disposal area to cover the entire working face. The site must be provided with fire extinguishers, of a type, size, location, and number as recommended by the local Fire Department or the City's insurance carrier. Fire extinguishers must be fully-charged and ready for use at all times. Each extinguisher must be inspected on an annual basis and recharged as necessary. These inspections must be performed by a qualified service company, and all extinguishers must display a current inspection tag. Inspection and recharging must also be performed following each use. The gate house, as well as all landfill equipment and vehicles, will be equipped with fire extinguishers. R~3333AA.do; B - 1 3 EXHIBIT C INSURANCE REQUIREMENTS 1. Hauler Liability Insurance The Hauler may not deliver any solid waste to the City's J. C. Elliott Municipal Landfill under this Agreement until Hauler has obtained all insurance required by this exhibit and the required insurance has been approved by the City. The Hauler may not allow any subcontractor to deliver solid waste to the Landfill until all similar insurance required of the subcontractor has been obtained and approved. The Hauler must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager_ TYPE OF INSURANCE 30-Day Notice of Cancellation required on all certificates Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Products/Completed Operations Hazard 4. Contractual Insurance 5 Broad Form Property Damage 6. Independent Contractors 7. Personal Injury 8. Pollution Liability AUTOMOBILE LIABILITY-OWNED NON- OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY PROFESSIONAL POLLUTION LIABILITY/ENVI RONMENTAL IMPAIRMENT COVERAGE No/limited to sudden & accidental discharge; to include long-term environmental impact for the disposal of contaminants MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage $1,000,000 COMBINED SINGLE LIMIT AGGREGATE LIMIT OF LIABILITY FOR EACH POLICY PERIOD $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 2.A. OF THIS EXHIBIT $100,000 $1,000,000 AGGREGATE LIMIT OF LIABILITY FOR EACH POLICY PERIOD R13333AA C - 1 In the event of accidents of any kind, the Hauler must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 2. ADDITIONAL REQUIREMENTS The Hauler and its subcontractors must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of ~nsuranoe. If such coverage is provided through self-insurance, then within 10 calendar days after the date the Contract Administrator or his designee requests that the Hauler sign the contract documents, the Hauler must provide the Risk Manager with a copy of its certificate of authority to self- insure its workers' compensation coverage, as well as a letter signed by the Hau~er stating that the certificate of authority to self-insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission, Further, if at any time before the expiration of the Agreement by the City, the certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Hauler must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to Director of Solid Waste Services, City of Corpus Christi, P.O. Box 9277, Corpus Christi, TX 78469-9277. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Hauler and its subcontractors will be promptly met. Certificate of insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". The name of the project, e.g, "City of Corpus Christi Solid Waste Hauler Agreement" must be listed under "Description of Operations" R13333AA C-2 At a minimum, a 30-day written notice to the City's Risk Manager of change or cancellation is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B.(1)-(8), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B.(1)-(8) are included or excluded. R13333AA C - 3 EXHIBIT D Insurance Requiremen~ 1. BFI's Liability Insurance A. BFI may not commence Services under this Agreement until all insurance required herein has been obtained and such insurance has been approved by City. BFI may not allow any subcontractor to commence services until all similar insurance required of the subcontractor has been obtained. B. BFI shall furnish to City's Rask Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to City's Risk Manager. City must be shown as an additional insured for the General Liability policy, and a blanket waiver of subrogation is required on all applicable policies except for the sole negligence of City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written noth:e of cancellation, non- renewal, material change or termination and a 10 day written notice of cancellation for non- payment of premium is required on all certificales Bodily Injury and Property Damage Per Occurrence Aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Landfill - Operations 3. Products/Completed Operations Hazard 4 Contractual Liability 5. Independent contractors 6. Personal Injury 7. Broad Form Property Damage General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (Any one fire) $2,000,000 $1,000,000 1,oo0,000 5,000 AUTOMOBILE LIABILITY -- OWNED, NON-OWNED OR RENTED $1,000,000 COMBINED SINGLE LIM1T WORKERS COMPENSATION INSURANCE Must comply with the Texas Worker's Compensation Act and Section II of this exhibit EMPLOYERS LIABILITY INSURANCE $1,000,000 each accident/each disease - pohcy limit/each disease - each employee PROFESSIONAL POLLUTION LIABILITY / $2,000,000 COMBINED SINGLE LI/VlIT ENVIRONMENTAL IMPAIRMENT 1I. ADDITIONAL REQUIREMENTS A. BFI shall obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The Agreement 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 by the BFI will be promptly met. B. Certificate of Insurance: 1. The City of Corpus Christi must be shown as an additional insured on the General Liability coverage, and a blanket wmver of subrogation ~s required on all applicable policies except for the sole negligence of City. 2 If your insurance company uses the standard ACCORD form, the cancellation clause (bottom fight) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In the alternative, a copy of the endorsement evidencing that the policy was endorsed with required cancellation provisions will be accepted. 3. The name of the project must be listed under "Description of Operations". 4. At a minimum, a 30-day written notice of material change, cancellation, non-renewal, or termination and a 10-day written notice of cancellation for non-payment of premium is required. C. If the Certificate of Insurance on its face does show not the existence of the coverage required by items listed in the table following Section 1.B of this exhibit, an authorized representative of the insurance company must include a letter specifically stating whether items in the table following 1.B. are included or excluded. 2 EXHIBIT E Storage Tanks None. EXHIBIT F City Equipment To Be Purchased by BFI I[em 1 - Caterpillar D8R S/N 6YZ01948 1 - Caterpillar 938G S/N 6WS00948 I - Caterpillar 1T24F S/N 4NN01050 Total Purchase Price(*) $360,O00 $55,000 $39,000 $454,000 (*) The actual purchase price depends on the date the Agreement is executed, The actual purchase price shall be the lesser of the amount shown above or the C~ty's payoff amount for the equipment as of the date the Agreement is executed. 1/31/05 I