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HomeMy WebLinkAboutAgenda Packet City Council - 01/12/2010Inimr \./\.r01%r/11 anuary 12, 2010 Pi a. IE 0,1 o I• IllaM oPmallboArMil 11:45 A.M. Proclamation declaring Sunday, December 6, 2009 as "Family Business Day ", as declared by Governor Rick Perry Proclamation declaring the week of January 10 -16, 2010 as "National Influenza Vaccination Week" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JANUARY 12, 2010 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor David Bierne, Travis Baptist 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 Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney Interim City Attorney Lisa Aguilar Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting January 12, 2010 Page 2 E. MINUTES: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. Approval of Regular Meeting of December 8, 2009 and December 15, 2009. (Attachment # 1) F. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. Executive Session under Texas Government Code Section 551.071, Consultation with Attorney, regarding In re Port of Corpus Christi Authority Verified Petition to Take Deposition Before Suit, Cause No. 09- 6383 -B in the 117th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. 3. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement for the Comprehensive Compliance Investigation (Investigation No. 762159) at Greenwood Wastewater Treatment Facility, located at 6541 Greenwood Drive, at the intersection of State Highway 357 (Saratoga Boulevard) and Greenwood Drive, about 1.5 miles south of South Padre Island Drive, in the City of Corpus Christi (Nueces County), Texas; Regulated Entity No.: RN101610400; TCEQ ID No.: WQ0010401 -003; EPA ID No.: TX0047074, with possible discussion and action in open session. 4. Executive Session under Section 551.072 of the Texas Government Code regarding War -Cat Youth Football and Nueces County for the lease of Equistar Field located near McKinzie Road at Haven Drive, with possible discussion and action in open session. Agenda Regular Council Meeting January 12, 2010 Page 3 G. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 5) 5. Marina Advisory Committee * Watershore and Beach Advisory Committee H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. !. 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 material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 6. Ordinance authorizing the City Manager or his designee to execute a six -month lease extension with War -Cat Youth Football League, a nonprofit organization, ( "Lessee ") and Nueces County, for the use of Equistar Field located near the intersection of McKinzie Road and Haven Drive, for Lessee youth football program, in consideration of maintaining the premises and improvements. (Attachment # 6) Agenda Regular Council Meeting January 12, 2010 Page 4 7. 8. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or his designee to accept Grant No. TR -AGI -2010 from the State Energy and Conservation Office in the amount of $400,000 with a minimum 20% in -kind City match, for altemative fuels and related technology, and to execute all related documents. (Attachment # 7) b. Ordinance appropriating $400,000 from the State Energy Conservation Office (SECO) in Fund No. 1053, Gas Department Grants Fund, to upgrade existing Compressed Natural Gas Station, located at 2525 Hygeia Drive. (Attachment # 7) a. Motion authorizing the City Manager, or his designee, to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $75,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 8) b. Motion authorizing the City Manager, or his designee, to execute a subcontract with SERCO of Texas in the amount of $100,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 8) 9. Resolution authorizing the submission of a grant application in the amount of $29,573.28 to the State of Texas, Criminal Justice Division for funding available under the Recovery Act — Violence Against Women Act (VAWA) for -the Police Department's Family Violence Unit, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 9) 10. a. Motion adopting the timetable for the FY2010 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (Attachment # 10) b. Motion reaffirming Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. (Attachment # 10) Agenda Regular Council Meeting January 12, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Ordinance ratifying the reinstatement of a lease agreement between the City, Atlantic Aviation FBO Holdings, L.L.C., and Mercury Air Center - Corpus Christi, Inc., d.b.a. Atlantic Aviation; authorizing the City Manager, or his designee, to execute an amendment to the agreement to extend the term until October 14, 2010. (Attachment # 11) 12. Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc., of Corpus Christi, Texas in the amount of $441,639 for the Art Museum of South Texas HVAC Project, for the Total Base Bid and Additive Alternate Bid Nos. 1, 2 and 3. (BOND ISSUE 2008) (Attachment # 12) 13. Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with Infinity Builders of Laredo, Texas in the amount of $47,201, for a total restated fee of $296,201 for H.E.B. and Al Kruse Tennis Centers Court Improvements, to patch and paint each of the remaining seven tennis courts, at Al Kruse Tennis Center. (BOND ISSUE 2008) (Attachment # 13) 14. Motion authorizing the City Manager, or his designee, to ratify and execute Change Order No. 2 to the construction contract for Americans with Disabilities Act (ADA) ramp and sidewalk improvements with Ram -Bro Contracting, Inc., of Robstown, Texas in the amount of $64,353, for a restated amount of $583,328, to provide ADA - compliant curb ramps at the intersections of PR 22 and SH 361, and PR 22 and Whitecap Boulevard. (Attachment # 14) 15. Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 to the construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $81,297.92, for a total restated fee of $2,920,986.26, for concrete box culverts along Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) (Attachment # 15) Agenda Regular Council Meeting January 12, 2010 Page 6 16. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with William B. Miller, Jr., d.b.a. Del Mar Distributing Co., Inc., in the amount of $72,862, plus $1,300 in closing costs for the purchase of fee simple property rights for Parcel 1, containing 13,499 square feet of commercial property on Yorktown Boulevard between S. Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project and for other municipal purposes. (BOND ISSUE 2008) (Attachment # 16) b. Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Cloudcroft Land Ventures, Inc. in the amount of $84,962, plus $1,350 in closing costs for the purchase of fee simple property rights for Parcel 3, containing 12,873 square feet of commercial property on Yorktown Boulevard between South Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project and for other municipal purposes. (BOND ISSUE 2008) (Attachment # 16) 17. Resolution authorizing the City Manager or his designee to execute all documents necessary to enter into two agreements with the Texas Department of Transportation (TxDOT) [ (1) an Agreement for Right of Way Procurement and (2) an Agreement to contribute local funds], for a total amount of $100,000 in participation funding costs to the City, to- acquire certain rights - of -way necessary to make highway improvements to FM 2444 (Staples Street) from Saratoga Boulevard to Oso Creek Bridge. (BOND ISSUE 2004) (Attachment # 17) 18. Resolution authorizing the City Manager or his designee to submit a nomination form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $1,353,868 for Yorktown Boulevard, Staples to Cimarron Landscaping Improvements Project, with a City match of $338,467 in the No. 3546 Street General Obligation (GO) Capital Improvement Program (CIP) Fund, and a total construction cost of $1,692,335. (BOND ISSUE 2004) (Attachment # 18) Agenda Regular Council Meeting January 12, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19. Second Reading Ordinance - Authorizing the City Manager, or designee, to execute a twenty -year lease and use agreement with the Corpus Christi Police Officers' Association, a not for profit corporation, to operate a youth athletic /boxing program at 908 Park Avenue, Corpus Christi, Nueces County, Texas in consideration of the Corpus Christi Police Officer's Association, a not for profit corporation, paying $50 per month. (First Reading — 12/08/09) (Attachment # 19) J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 20. a. Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction of Ingleside, Texas, in the amount of $560,087.80 for the Greenwood Softball Complex Renovation for Phases I, III and IV. (BOND ISSUE 2008) (Attachment # 20) b. Motion authorizing the City Manager or his designee to execute a Texas Buy Board Contract with Musco Sports Lighting, LLC, of Round Rock, Texas, in the amount of $601,800 for the Greenwood Softball Complex Renovation for Phase II. (BOND ISSUE 2008) (Attachment # 20) 21. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $1,880,000, for a restated amount of $1,927,500, for the O. N. Stevens Raw Water Influent Improvements for preliminary design, design, bid and construction phase services, and additional services. (Attachment # 21) 22. First Reading Ordinance - Renaming the park located at 10622 Frontier Drive, Frontier Drive at Wind Rock Drive from Overland Park to Lt. Stuart J. Alexander Memorial Park. (Attachment # 22) Agenda Regular Council Meeting January 12, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 23. Discussion and possible action concerning the Memorial Coliseum project. (To be considered at approximately 2:30 p.m.) (Attachment # 23) 24. First Reading Ordinance — Amending the Corpus Christi Zoning Ordinance by amending Article 6B titled "Townhouse Dwelling District Regulations" and creating a new Article 6B titled "Cottage Housing District "; by creating an additional Article labeled 6C, for the "Townhouse Dwelling District Regulations "; by creating Section 6C -2 and amending Sections 7 -2, 8 -2, 8A -2, 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, and 14A -2 to allow Cottage Housing as a Permitted Use; by including new Definitions; by providing Development Standards and Regulations; providing for increased Density and Low - Impact Development on smaller lots within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting Ordinances, providing for penalties; providing for publication; and providing an effective date. (POSTPONED TO JANUARY 26, 2010) (Attachment # 24) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. Corpus Christi Ozone Trending and Future Attainment (Attachment # 25) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER 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 of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: Agenda Regular Council Meeting January 12, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin bo rd at the front entrance to City Hall, 1201 Leopard Street, at L°J p.m., on January 7, 2010. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 WATER CICY at Corpus Unnsu ° P RIDE orpus Christi Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy PRESENT Mayer Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick John Marez Nelda Martinez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 8, 2009 - 12:00 p.m. City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Ms. Jeanne Gardiner with Unity by the Sea Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. 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 Adame called for approval of the minutes of the workshop and regular Council meeting of November 17, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 2. Executive session pursuant to Texas Government Code, Section 551.074 Personnel Matters for deliberations on former Municipal Juvenile Court Judge regarding appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint or charge against an officer or employee. 3. Executive Session under Section 551.072 of the Texas Government Code regarding Landry's Seafood & Steakhouse Corpus Christi, Inc. lease of real property in the Corpus Christi Marina, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * ** Mayor Adame referred to Item 4 and the following board appointments were made: Arts and Cultural Commission Karina Paris (Appointed) C.C. Aquifer Storage and Recovery Conservation District Rudy Garza (Reappointed) Margie Rose (Reappointed) Fred Segundo (Reappointed) —1— Minutes — Regular Council Meeting December 8, 2009 - Page 2 Library Board Lawrence Jordan (Reappointed) James M. Martin (Reappointed) Lucy McCracken (Reappointed) Mary Jane Garza (Appointed) John B. Keys (Appointed Port of Corpus Christi Authority Robert Kostelnik (Appointed) North Padre Island Development Corporation Joe Adame (Reappointed) Chris N. Adler (Reappointed) Brent Chesney (Reappointed) Kevin Kieschnick (Reappointed) Larry Elizondo (Reappointed) * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 5 - 21). Mr. Jack Gordy requested that Items 10 and 20 be pulled for individual consideration. Council members requested that Items 6, 13 and 19 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 028426 Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with Landry's Seafood & Steak House - Corpus Christi, Inc. (Landry's), to operate a restaurant barge at the Peoples Street T -Head, including adjacent space for boardwalk, with monthly lease payments of $6,000 from January 1, 2010 through December 31, 2011, $6,300 from January 1, 2012 through December 31, 2013, $6,657 from January 1, 2014 through December 31, 2014, or 2.75% of monthly gross sales, whichever is greater. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7 MOTION NO. 2009 -334 Motion approving the lease of a 90 hp tractor with Fuller Tractor Company of Beeville, Texas for the total amount of $52,522.56, of which $10,212.72 is required in FY 2009 -2010. The award is in accordance with Request for Proposal No. BI- 0036 -10 and is based on best value. The term of the lease is for thirty -six months. The tractor will be used by the Park and Recreation Department. Funds have been budgeted by Park and Recreation in FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.a. MOTION NO. 2009 -335 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $14,999.80 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department with a City match of $6,693.25 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting December 8, 2009 — Page 3 8.b. ORDINANCE NO. 028427 Ordinance appropriating $14,999 80 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved wth the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. ORDINANCE NO. 028428 Ordinance appropriating $639,409 from the estimated program income revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2009 -2010 program income to fund laboratory and public health services for the period of September 1, 2009, through August 31, 2010. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. MOTION NO. 2009 -336 Motion approving the allocation of $58,615.08 from the Hotel Occupancy Tax Fund and $32,884.92 from the General Fund to fund grant contracts with sixteen (16) arts and cultural organizations for a total of twenty -two (22) arts projects. Funding was authorized in the FY 2009 -2010 budget. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. RESOLUTION NO. 028430 Resolution amending City Council policies adopted by Resolution No. 021901 regarding naming of City Facilities, to prohibit the renaming of a facility already named in honor of a person, group, or event. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14. MOTION NO. 2009 -337 Motion authorizing the City Manager or his designee to execute all documents necessary to execute an Administrative Services Agreement with the International City /County Management Association Retirement Corporation (ICMA -RC), a Delaware nonprofit corporation headquartered in Washington, D.C., based in ICMA -RC's proposal submitted in response to the City's RFP # BI- 0200 -09 for Employee 457(b) Deferred Compensation Plan Administration and Investment Services, fora five -year term with the option to renew, subject to approval of ICMA -RC and the City Manager or designee, for up to five additional one -year periods. There are no City funds involved in the service agreement, as the plan is for voluntary employee contributions only. Minutes — Regular Council Meeting December 8, 2009 — Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 15. MOTION NO. 2009 -338 Motion authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement to accept, process, and dispose of solid waste delivered by Aransas County at the City's Cefe Valenzuela Municipal Landfill for a period of one year, renewable annually until 2029. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16. MOTION NO. 2009 -339 Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas, in the amount of $470,000 for the Oso Water Reclamation Plant Aerobic Digester No. 2 Improvements. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 17. MOTION NO. 2009 -340 Motion authorizing the City Manager, or his designee, to execute Amendment No. 24 to the Engineering Services Contract with Pierce, Goodwin, Alexander and Linville, Inc., (PGAL) of Dallas, Texas, in an amount not to exceed $100,023.50, for a restated not to exceed total fee of $3,410,771.10 for additional construction management and inspection services, which were requested by the Federal Aviation Administration (FAA), for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility, Air Rescue Fire Fighting Building Improvements, Terminal Re- Roofing (Old Wing) 2008, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 18. RESOLUTION NO. 028433 Resolution determining a public necessity to acquire a Drainage Easement and a Temporary Construction Easement known as Parcels 25 and 25 -TCE for the North Port Avenue — IH 37 to US 181 street project (BOND ISSUE 2004), a Street and Storm Water drainage project, for the public purpose, use, and construction of storm water drainage improvements and for other related drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or by exercise of the City's power of eminent domain. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting December 8, 2009 — Page 5 21. ORDINANCE NO. 028434 Changing the date of the City of Corpus Christi City Council Elections for 2011 and subsequent years from the first Saturday 'r April to the May Uniform Election Date, which is the second Saturday in May, and adjusting the City Council terms of office to conform to the new election date. (First Reading — 11/17/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting ,Aye" Mayor Adame opened discussion on Item 10 regarding an appropriation from a grant provided by Time Warner's Cable Franchise for public access channel equipment. Jack Gordy, 4118 Bray, stated that the wording should state that the grant is from Time Warner and Grande Communications. Mr. Gordy added that the producers will appreciate this additional equipment. In response to Council Member Marez, Mr. Gordy explained that he, as PAUG President, handles the issuance of equipment to producers. Director of Public Information Kim Womack reported that the PAUG is self- insured should the equipment be stolen. Council Member Martinez asked whether the language needed to be corrected to reflect that the grant is also provided by Grande Communications. Ms. Womack stated that the language did not need to be corrected because Grande has not submitted to the fund in the last two years since going to the state franchise and Interim City Attorney Lisa Aguilar concurred. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 028429 Ordinance appropriating $1,232.32 from a grant provided by Time Warner's cable franchise from the general fund reserve for commitment of public access equipment; changing the FY 2009 -2010 operating budget adopted by Ordinance No. 028252 to increase appropriations by $1,232.32. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 20 regarding an amendment to the Code of Ordinances, Public Access Rules and Procedures. Jack Gordy, 4118 Bray, requested that the language "commercial business" be added to Section 55- 447(c)(1). Council Member Marez made a motion to include "commercial business" to Section 55- 447(c)(1). The motion was seconded by Ms. Martinez and passed with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 Regarding Public Access Rules and Procedures, to renumber subsections; revising and updating Subsection 1 Rules for Participation, Subsection 2 Technical Standards and Production Requirements, Subsection 3 How Programs are Scheduled and Cablecast, Subsection 4 Defined Terms, Subsection 5 Amendments to Rules, Subsection 6 Violations of Rules, providing for publication; and providing an effective date of February 1, 2010. -5- Minutes — Regular Council Meeting December 8, 2009 — Page 6 The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 6 regarding the lease purchase of three (3) brush trucks from Siddons Fire Apparatus, Inc. In response to Council Member Leal, Fire Chief Richard Hooks stated that the Fire Department currently has two trucks in services that need to be reconditioned. Chief Hooks added that the three (3) additional trucks are being purchased to rebuild the fleet. Council Member Martinez asked what the timeframe would be to refurbish the two (2) older trucks. Chief Hooks stated that the refurbishment may take up to six (6) months. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2009 -333 Motion approving the lease purchase of three (3) brush trucks from Siddons Fire Apparatus, Inc. of Manor, Texas in the amount of $239,830. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are new to the fleet and will be used by the Fire Department. Funding for the lease purchase of equipment will be provided through the City's lease purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 13 regarding the establishment of the Arena Maintenance and Repair Reserve Account. Council Member Kieschnick asked whether the council will be notified of expenditures made from this fund. Assistant City Manager Margie Rose stated that only expenditures over $50,000 will require council action. City Secretary Chapa polled the Council for their votes as follows: 13.a. RESOLUTION NO. 028431 Resolution approving the actions of the Board of Directors of the Corpus Christi Business and Job Development Corporation that established the Arena Maintenance and Repair Reserve Account in the Fund No. 1130 "Arena Facility Fund," transferred $150,000 from the Arena unreserved fund balance in the Fund No. 1130 "Arena Facility Fund" to the Arena Maintenance and Repair Reserve Account, and authorized the Corporation's Executive Director to expend funds for repairs and emergency expenditures from the Arena Maintenance and Repair Reserve Account without the approval of the Board of Directors under the same policies and practices as the City Manager is authorized to expend money on behalf of the City of Corpus Christi without approval by the City Council. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 13.b. ORDINANCE NO. 028432 Ordinance appropriating $150,000 from the Arena unreserved fund balance in the Fund No. 1130 "Arena Facility Fund" to establish the Arena Maintenance and Repair Reserve Account; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing proposed expenditures by $150,000. Minutes — Regular Council Meeting December 8, 2009 — Page 7 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye'; Marez was absent. Mayor Adame opened discussion on Item 19 regarding a lease agreement with the Corpus Christi Police Officers' Association. In response to Mayor Adame, City Manager Escobar stated that this property is not listed as a historical designation. Paul Pierce, Procurement Manager, spoke regarding the City's and Association's responsibilities. Mayor Adame stated that he would like the exterior of the building to be maintained to its natural condition. City Secretary Chapa polled the Council for their votes as follows: 19. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a twenty -year lease agreement with the Corpus Christi Police Officers' Association, a not for profit corporation, for use of City property located at 908 Park Avenue, Corpus Christi, Texas, to operate a youth athletic boxing program, in consideration of monthly rental payments of fifty dollars ($50.00); and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye,, * * * * * * * * * * * * * Mayor Adame referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the platting ordinance exemptions: 22. Public Hearing to consider and Ordinance exempting Nueces River Irrigation Park, Block 2, Lot 3B subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. Assistant City Manager of Development Services Johnny Perales stated that the owners of Nueces River Irrigation Park Subdivision are expanding their property and requesting exemption from payment of wastewater lot and acreage fees. Mr. Perales added that staff and planning commission have determined that wastewater services will not be likely served by the City within the next 15 years and recommend approval of the exemption. No one appeared in opposition to the platting ordinance exemption. Mr. Scott made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chaps polled the Council for their votes as follows: 22. ORDINANCE NO. 028435 Ordinance exempting Nueces River Irrigation Park, Block 2, Lot 3B subdivision from the payment of wastewater lot or acreage fees under Section V. B.6.1) of the Platting Ordinance; requiring the owner/developer to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". -7- Minutes — Regular Council Meeting December 8, 2009 — Page 8 Mayor Adame referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following platting ordinance exemption: 23. Public Hearing to consider and Ordinance exempting Riverside Acres, Block 12, Lots 5A, 5B & 5C subdivision from the payment of wastewater lot or acreage fees under Section V. B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. Assistant City Manager of Development Services Johnny Perales stated that the owners of Riverside Acres are platting the property to build new residential buildings and requesting exemption from payment of wastewater lot and acreage fees. Mr. Perales added that staff and planning commission have determined that wastewater services will not be likely served by the City within the next 15 years and recommend approval of the exemption. No one appeared in opposition to the platting ordinance exemption. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 028436 Ordinance exempting Riverside Acres, Block 12, Lots 5A, 5B & 5C subdivision from the payment of wastewater lot or acreage fees under Section V. B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following street closure: 24. Public Hearing to consider and First Reading Ordinance abandoning and vacating a 82,830 - square foot portion of the Resaca Street public right -of -way, located between the N. Tancahua Street and Sam Rankin Street public rights -of -way, subject to compliance with the specified conditions. Assistant City Manager of Development Services Johnny Perales explained that this item is the proposed closure of Reseca Street for additional right -of -way required for the proposed Broadway Wastewater Treatment Plant re- construction project. In response to Council Member Leal, Mr. Perales reported that the fair market value of the property is $2,500. No one appeared in opposition to the street closure. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 24. FIRST READING ORDINANCE Abandoning and vacating a 82,830- square foot portion of the Resaca Street public right -of- way, located between the N. Tancahua Street and Sam Rankin Street public rights -of -way, subject to compliance with the specified conditions. Minutes — Regular Council Meeting December 8, 2009 — Page 9 The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting dye„ Mayor Adame referred to Item 25, and a motion was made. seconded and passed to open the public hearing on the capital improvement program: 25. Public Hearing to consider and First Reading Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the capital budget approach and highlights; funding sources; funding uses by program; revenues by type; program expenditures; and recommendations. The following topics pertaining to this item were discussed: reducing dependence on the commercial paper program; revising the timeline of the adoption of the capital improvement program; changes to the Solar Estates Drainage Improvement project and construction timeline; completion of the Padre Island Elevated Storage Tank; installation of the Southside Water Transmission Main Phase 7 & 8; water pressure and reliability of water on the island; whether the city was cited by the auditors for including maintenance projects in the CIP; timeframe for the CIP recommendations; the estimated costs of the water line across the Laguna Madre; and the capital reserve fund balance. Council Member Scott requested an update on the Unified Development Code and master plans. Council Member Leal requested a list of line item balances for every department. Mayor Adame called for public comment. Wilson Wakefield, 6026 Kiilarmet, spoke regarding increased future taxes. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE Approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Elizondo were absent. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 26 regarding an agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the development of the Northwest Learning Center. Dr. Mark Escamilla, President of Del Mar College, stated that Del Mar is requesting funding for the establishment of a Northwest Learning Center in the Calallen area to expand educational services. Mr. Harris provided a powerpoint presentation on the reasons for developing the learning center; the project site; the program services; proposed timeline; investment; and the return on investment. Ed Lamb, CEO of the Corpus Christi Medical Center, stated that this program is important to attract young people to the health care professions and grow new jobs. Trey -9- Minutes — Regular Council Meeting December 8, 2009 — Page 10 McCampbell, Chair of the Board of Regents of the Del Mar College, thanked the Council for this opportunity and asked for support of the project. County Commissioner Mike Pusley spoke in support of this project. Council Member Marez spoke in support of the project and asked Del Mar to consider a downtown campus in the future. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 26. RESOLUTION NO. 028437 Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for development of the Northwest Learning Center, which grants $979,000 for the costs of rehabilitating the existing improvements and constructing the Northwest Learning Center at 13725 Northwest Boulevard, including the purchase of fixtures, furnishings, equipment, and instructional equipment; and authorizing the City Manager, or his designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Northwest Learning Center Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 27 regarding the Memorial Coliseum Project. Mayor Adame abstained from the discussion on this item. John Bell, Attorney, stated that the negotiating committee has had two conference calls and exchanges of letters with the representatives from the National Swim Center Corporation (NSCC). Mr. Bell reported that there were four issues that were problematic including the 60 -year lease limitation; the timing on the Shoreline Realignment Project; density and height limitations; and funding. Mr. Bell added that the lease limitation and timing of the Shoreline Realignment project have been resolved. The NSCC has concerns with the height of the hotel and the parking. Mr. Bell explained that the City has also notified the NSCC that the City will commit $2 million to the project; however, the NSCC will have to look for other funding sources to bridge the gap of the additional $5 million needed for their project. Fred Yeo, President of the Board for NSCC, spoke regarding the underground parking issues; alternative funding options including infrastructure or federal monies available; the letter from the NSCC regarding the development of the swim center; the feasibility of the pool structure; and the $27 million costs for redevelopment of the Coliseum. Bill Harrison stated that he was looking to secure state and federal funding; grants; and private commitments. The following topics pertaining to this item were discussed: the height variance required for the parking garage; the effect of the project to the marina; the height restrictions; the title opinion; the 1940 deed to the City from Carrie Lichtenstein stating that the city would not construct any building except for governmental purpose east of the property; the original RFP and specifications; the open space requirements; feasibility study; whether the pool will be above ground or in ground; the additional $5 million funding requirement; an economic impact study; an update on the demolition process and timeline; the petition process; the original proposal from NSCC; Regional Transportation Authority (RTA) funding for the parking structure; consideration on city incentives; project management; the development agreement with USA Swimming Foundation; the financial guarantee from Alexandrina Development; the site plan; whether apartments are planned for the development; maintenance and operations of the swim center facility; the square footage of the —10— Minutes — Regular Council Meeting December 8, 2009 — Page 11 development; whether the City has submitted a letter to the Texas Historical Commission advising them on the potential lease of the Coliseum site or demolition; and discussing the project in open session. Council Member Chesney stated that he would like to revisit the 30°% open space requirement. Mr. Chesney also requested a feasibility study on whether a pool can be but in the Coliseum structure. Council Member Scott asked for clarification as to whether NSCC is required to do a feasibility study and the partnership agreement with USA Swimming Foundation. Council Member Martinez requested a copy of the financial assurance letter confirming the commitment of $20 million for this project; a site plan; and the historical data on the events sanctioned for the swim center. Council Member Leal asked staff to submit a letter to the Texas Historical Commission advising them of the demolishment or potential lease of the project site greater than five acres for development of Memorial Coliseum. Mayor Pro Tem Leal called for comments from the audience. John Kelley, 413 Waco, spoke regarding the Coliseum site being considered a public park and subject to public vote prior to a long term lease. Huxley Smith, 1930 Thames, spoke regarding the structural problems of the Coliseum. Carolyn Moon, 4902 Calvin, asked questions regarding the cost for demolition and spoke regarding the placing the Coliseum on the capital improvement program. Wilson Wakefield, 6026 Killarmet, spoke regarding the restrictions on the Memorial Coliseum property. * * * * * * * * * * * ** MayorAdame called for petitions from the audience. Huxley Smith, 1913 Thames, asked the City to research whether the public restrooms on Magee Beach can be opened. Susie Luna - Saldana, 4710 Hakel, spoke regarding the Port commissioner appointment. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Colin Sykes, 309 Aberdeen, thanked the Council for supporting GlobalWatt and spoke regarding the time scheduled for public comment. Mr. Sykes also spoke in opposition to the Las Brisas plant. Daniel Vera, 818 Savage, spoke regarding an economic development project. Rey Madrigal, 1113 18th Street, spoke regarding the historical and cultural value of the Coliseum and the petition process to restore the Coliseum. * * * * * * * * * * * ** MayorAdame referred to Item 31 regarding the 2009 Defense Community Conference and Upcoming City /Navy Joint Land Use Study. Bob Payne, Senior City Planner, referred to a powerpoint presentation including background information; topics discussed; land use and compatibility; the Joint Land Use Study (JLUS); the existing air installation compatible use zones; JLUS benefits; JLUS funding; initial steps; and the JLUS policy committee membership. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 28 regarding the renaming of Jackson Woods Park to Matthew Thebeau Memorial Park. Stacie Talbert, Interim Director of Parks and Recreation, stated that the Corpus Christi Police Department requested renaming the park in honor of fallen officer Matthew Thebeau. Ms. Talbert provided a timeline of events to rename the park and the location of the park. Ms. Talbert reported that the Park and Recreation Advisory Committee supported the request. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 8, 2009 — Page 12 28. FIRST READING ORDINANCE Renaming the park located at 3221 Richmond at Up River Road and IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Council Member Chesney requested direction on submitting to the Council the naming of Veterans Memorial Bayfront Park. City Secretary Chapa stated that the Council would need to concur to allow the city to apply for name the park. Council Member Chesney directed staff to develop a proposal for allowing the City Council to name the park and bring back for council action. Mayor Adame opened discussion on Item 29 regarding an appeal by Bernice Denmon of the Building Standards Board. City Secretary Chapa stated that the applicant has requested to postpone the item to a later date. Council Member Leal made a motion to postpone Item 29. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 29. POSTPONED decision to require demsl+tisn of the Fesi cr oe located at Lot 19, Block 5, Harlem Park, commonly known as 2817 Lawton Street. * * * * * * * * * * * ** Mayor Adame referred to Item 30 regarding the Mary Rhodes Pipeline Phase II (Garwood) Financial Plan. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including a background; breakdown of water customers; demand of the water supply; demand on the water supply assuming new supplies; route options being examined; project status summary; estimated project costs; financing; project variables; estimated additional impact to customers; and future options to consider. The following topics pertaining to this item were discussed; whether Garwood could be financed through bonds; the current construction costs; the risk of losing water rights; the schedule for paying off the debt for the Mary Rhodes Pipeline; and discussions with Matagorda County. Council Member Martinez requested that staff provide a business model for the Mary Rhodes Pipeline Phase 2. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:48 p.m. on December 8, 2009. * * * * * * * * * * * ** PRESENT Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick John Marez Nelda Martinez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 15, 2009 - 12:00 p.m. City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Greg Hackett with First United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Adler. 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 Adame announced the executive sessions, which was listed on the agenda as follows: 1. Executive session pursuant to Texas Government Code, Section 551.074 Personnel Matters for deliberations on former Municipal Juvenile Court Judge regarding appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint or charge against an officer or employee, with possible action in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Corpus Christi Regional Economic Development Corp. Leon Loeb (Reappointed) Art Granado (Appointed) Leadership Committee for Senior Services Arnold Villarreal (Appointed) Maria Clarissa Lopez (Appointed) * * * * * * * * * * ** Landmark Commission Kris Cardona (Reappointed) Herb Morrison (Reappointed) Laura Commons (Appointed) Alan Wahlstorm (Appointed) Dr. Mark Robbins (Appointed) Minutes — Regular Council Meeting December 15, 2009 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 3 — 18.1.). City Secretary Chapa announced that Item 18.1. was added to the consent agenda on a supplemental agenda. There were no comments from the public. Council members requested that Items 7 and 10 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2009 -341 Motion authorizing the purchase of equipment for total amount of $81,316 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. 4.a. ORDINANCE NO. 028438 Ordinance appropriating $135,867.39 from the Unreserved Fund Balance of General Fund No. 1020 for the design, installation, maintenance and support of audio /video equipment used in broadcasting Government Access Television Programming; changing the FY 2009- 2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $135,867.39. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 4.b. MOTION NO. 2009 -342 Motion approving an agreement with Media Rushworks, LLC d.b.a. Rushworks , of Flower Mound, Texas, for the Design, Installation, Maintenance and Support of AudioNideo Equipment in accordance with Request for Proposal Number BI- 0230 -09 in the amount of $266,967.39. The term of the agreement is three years. This service will be used by the Public Information Office. Funds are available in the General Fund in FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. 5. MOTION NO. 2009 -343 Motion approving the purchase of two (2) mini track excavators from John Deere Construction Retail Sales, of Moline, Illinois in the amount of $58,803.16. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Wastewater Department. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. Minutes - Regular Council Meeting December 15, 2009 — Page 3 6.a. MOTION NO. 2009 -344 Motion authorizing the City Manager or his designee to purchase twelve months email archiving services from Government Marketing & Procurement, LLC of Reston, Virginia for Sonian Archive Services in an amount not to exceed $70,460.00 based on GSA Contract # GS- 35F- 0858N. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. 6.b. MOTION NO. 2009 -345 Motion authorizing the City Manager or his designee to approve purchase of continued annual email archiving services from Government Marketing & Procurement, LLC of Reston, Virginia for Sonian Archive Services subject to annual appropriation of funds based on GSA Contract # GS- 35F- 0858N. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 8. RESOLUTION NO. 028440 Resolution approving amendment to the City investment policy to change the maximum total amount that may be invested in any Public Funds Investment Pool to be five percent of the total current invested balance of the pool; changing the maximum total amount that may be invested in any one overnight Public Funds Investment Pool to thirty percent and other administrative changes; and approving the investment policy as amended. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. 9. RESOLUTION NO. 028441 Resolution reaffirming the Debt Management Policy for the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. 11. MOTION NO. 2009 -346 Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid No. 1, Schedule B with Bay, Ltd., of Corpus Christi, Texas in an amount not to exceed $479,827 for the Corpus Christi International Airport for the Taxiway B4 Widening between West General Aviation Apron and Taxiway F. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. 12. MOTION NO. 2009 -347 Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc. of Corpus Christi, Texas in the amount of $705,023 for the Museum of Science —17— Minutes — Regular Council Meeting December 15, 2009 — Page 4 and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and /or Replacement for the Total Base Bid and Additive Alternate Bid No. 2. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 13. MOTION NO. 2009 -348 Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction and Paving of Corpus Christi, Texas, in the amount of $370,950 for Rolled Curb and Gutter Replacement FY 2009 -2010 for the Total Base Bid Part A and Part B. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. 14.a. MOTION NO. 2009 -349 Motion authorizing the City Manager, or his designee, to execute the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces County for an amount up to $1,200,000 to be paid by Nueces County and $1,200,000 to be paid by the City for the shared total project cost of widening and improving County Road 52 from County Road 69 to US 77. (subject to the approval of Nueces County) (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. 14.b. ORDINANCE NO. 028443 Ordinance appropriating an amount of $1,200,000 in anticipated revenues from Nueces County in the No. 3530 Street CIP Fund for the joint project between the City and Nueces County to widen and make certain improvements to County Road 52 known as the County Road 52 (from County Road 69 to US 77) Project; changing the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $1,200,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 14.c. MOTION NO. 2009 -350 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $254,477 for preliminary design, design, bid and construction phase services, and additional services for County Road 52 from County Road 69 to US 77. (subject to the approval of the Interlocal agreement with Nueces County for the shared funding of County Road 52) (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. _19_ Minutes — Regular Council Meeting December 15, 2009 — Page 5 14.d. MOTION NO. 2009 -351 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $132,040 for preliminary design, design, bid and construction phase services, and additional services for County Road 69 from County Road 52 to FM 624. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 15. ORDINANCE NO. 028444 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding Adopt A Park Procedures. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 16. ORDINANCE NO. 028445 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 Regarding Public Access Rules and Procedures, to renumber subsections; revising and updating Subsection 1 Rules for Participation, Subsection 2 Technical Standards and Production Requirements, Subsection 3 How Programs are Scheduled and Cablecast, Subsection 4 Defined Terms, Subsection 5 Amendments to Rules, Subsection 6 Violations of Rules, providing for publication; and providing an effective date of February 1, 2010. (First Reading — 12/08/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 17.a. MOTION NO. 2009 -352 Motion to amend Ordinance prior to Second Reading to abandon and vacate a portion of Resaca Street public right -of -way by revising the area of the property from an 82,830 - square -foot portion to a 73,830- square -foot portion of Resaca Street right -of -way, the revised area being property shown on the attached survey and more particularly described in the attached metes and bounds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 17.b. ORDINANCE NO. 028446 Abandoning and vacating an 82,830- square foot portion of the Resaca Street public right -of- way lying adjacent to Sam Rankin Street and west of North Tancahua Street (as shown on the attached survey and more particularly described in the attached metes and bounds), subject to compliance with the specified conditions. (First Reading — 12/08/09) Minutes — Regular Council Meeting December 15, 2009 — Page 6 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 18. ORDINANCE NO. 028447 Renaming the park located at 3221 Richmond at Up River Road and IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. (First Reading — 12/08/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 18.1. MOTION NO. 2009 -353 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to a construction contract in the amount of $41,364.75 for a restated not to exceed contract price of $290,864.74 with Hamman Excavating, Inc. of Corpus Christi, Texas, for installation of a 6 -foot tall industrial grade aluminum decorative security fence, gates, key pad and appurtenances for the Wards Building Rehabilitation and Parking Lot Project (Base Bid A- new paved parking lot). The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 7 regarding an amendment to the airport farm lease agreement with Matt Danysh. In response to Council Member Martinez, Director of Aviation Fred Segundo stated that the 11.88 acres was removed as part of the capital improvement project for a parameter road. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 028439 Ordinance authorizing the City Manager, or his designee, to execute an amendment to the Airport farm lease agreement with Matt Danysh to modify the lease premises effective December 1, 2009 and extend the term until August 31, 2012. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 10 regarding fundraising activities for the Columbus Ships. Council Member Leal announced that she was excited that the citizens and business community were working together to restore the ships. Council Member Marez recommended that the Columbus Sailing Association engage the Boyscouts in the process of repairing the ships. City Secretary Chapa polled the Council for their votes as follows: 10. RESOLUTION NO. 028442 Resolution supporting the fundraising activities of the Columbus Sailing Association for the Columbus Ships. Minutes — Regular Council Meeting December 15, 2009 — Page 7 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnickwas absent. * * * * * * * * * * * ** Mayor Adame referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the proposed Cottage Housing District ordinance: 19. Public Hearing for Proposed Cottage Housing District Ordinance; by adding a new Article 6B, "Cottage Housing District "; by including new definitions; by revising sections 4A -2, 4B -2, 4C -2, 5 -2, 10 -2, and 13 -2 to allow cottage housing as a permitted use; and providing development standards and regulations; providing for increased density and low- impact development on smaller lots within the city limits. Lisa Wargo, City Planner, introduced the presentation team including David Loeb, Carolyn Moon, and Bart Braselton. Ms Wargo referred to a powerpoint presentation including the purpose and intent of the ordinance; the concept and characteristics; site arrangement; recommended zoning; lot dimensions; floor area and setback requirements; design requirements; required common open space; sidewalk requirements; parking requirements; examples of completed cottage developments; building incentives; impervious and pervious cover; and goals of the ordinance. Abel Alonzo, 1701 Thames, spoke regarding accessibility of the cottage housing district. Ms. Wargo stated that the sidewalks in the district would be ADA regulated and addressed during the site plan review. Mr. Alonzo recommended scheduling a public hearing with the Committee for Persons with Disabilities. Daniel Vera, 118 Savage Lane, expressed concern regarding the design standards and solar energy. The following topics pertaining to this item were discussed: accessibility; additional pervious drives and paths; location for the cottage housing; and infill development. Council Member Marez encouraged staff to consider developing a cottage housing district in the center of town. Mayor Adame recommended involving the Gas Department in this project to promote the use of natural gas. Mr. Marez made a motion to close the public hearing, seconded by Ms. Martinez, and passed. * * * * * * * * * * * ** Mayor Adame opened discussion on Items 22.1.a. and 22.1.b. and 22.2 regarding incentive agreements with Air Products, LLC. and MarkWest Gas Services, LLC and the disannexation of property owned by MarkWest Javelina Company, LLC. Director of Economic Development Irma Caballero introduced CEO of the Corpus Christi Regional Economic Development Corporation (EDC)Roland Mower. Ms. Caballero referred to a powerpoint presentation including an overview; background of the economic incentive policies; and a map of the Air Products and MarkWest Properties. Ms. Caballero explained that Air Products, LLC is requesting a Chapter 380 Agreement that treats their new investment as if it were in the industrial district and provided a brief overview of the project description; financial impact; and the impact to the City. Ms. Caballero stated that Air Products will produce clean burning transportation fuels. Minutes — Regular Council Meeting December 15, 2009 — Page 8 Council Member Martinez asked questions regarding the completion of construction. Mr. Mower stated that Air Products was at 80% completion. A brief discussion ensued regarding the expansion of the industrial district. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the Economic Development Department and the EDC for recommending this project and spoke in support of the project. Carolyn Moon, 4902 Calvin, asked questions regarding the disannexation of the property for MarkWest Javelina Company. Ms. Caballero reported that the property is being recommended for disannexation to allow MarkWest Javelina Company to purchase their own gas. City Secretary Chapa polled the Council for their votes as follows: 22.2. RESOLUTION NO. 028452 Resolution authorizing the City Manager to execute a Chapter 380 Incentive Agreement with Air Products, LLC, for the development and operation of a Steam Methane Reformer, to be known as the Corpus Christi Hydrogen SMR facility, that offers benefits similar to those afforded to industries in the City's Industrial Districts. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick; Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo abstained. Ms. Caballero provided a brief overview of the MarkWest Gas Services, LLC including the project description; the Chapter380 Incentive agreement; disannexation of the gas meter yard; the economic impact study; and financial impact. Ms. Caballero stated that staff is recommending approval of the Chapter 380 agreement providing for partical reimbursement of ad valorem taxes of the Corpus Chrisit Hydrogen SMR Interconnect facility and disannexation to allow MarkWest Javelina to purchase their own natural gas. Council Member Leal requested that staff compile a list of current and future economic development projects and the project status to be displayed at City Hall. City Secretary Chapa polled the Council for their votes as follows: 22.1.a. RESOLUTION NO. 028450 Resolution authorizing the City Manager to execute a Chapter380 incentive agreement with MarkWest Gas Services, LLC, providing for the partial reimbursement of ad valorem taxes on the Corpus Christi Hydrogen SMR Interconnect Facility. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick; Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo abstained. 22.1.b. ORDINANCE NO. 028452 Ordinance disannexing approximately 1.00 acre of land, more or less, being 0.01 acres of existing Up River Road right -of -way and 0.99 acres owned by MarkWest Javelina Company, LLC, adjacent to the city limits along Up River Road; providing for amendment of the official maps of the City of Corpus Christi; providing an effective date. Minutes — Regular Council Meeting December 15, 2009 — Page 9 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick; Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo abstained. * * * * * * * * * * * ** Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1109 -03, N. M. Edificios, LLC: A change of zoning from the "F -R" Farm -Rural District to the "1 -2" Light Industrial District on property described as 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44, generally located approximately 1,500 feet east of Clarkwood South Road, and west of South Bockholt Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "1 -2" Light Industrial District. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial photograph; zoning map; existing and use map; the "F- R" and "1 -2" allowable uses; views of subject property; the future land use map; department comments; and recommendations. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 028448 Amending the Zoning Ordinance, upon application by N. M. Edificios, LLC, by changing the Zoning Map in reference to 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44, from "F -R" Farm -Rural District to "1 -2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0809 -02, Mostafa Biqhamian: A change of zoning from "B-4" General Business District to an "1 -2" Light Industrial District on the property described as Woodlawn Estates, Block 4, Lots 11 and 12, generally located on the north side of South Padre Island Drive, approximately 2,800 feet southeast of Airline Drive. (Applicant request to table until January 26, 2010) City Planner Lisa Wargo stated that the applicant is requesting that this zoning case be tabled until January 26, 2010. Minutes — Regular Council Meeting December 15, 2009 — Page 10 Mayor Adame called for comments from the audience. Reno Del Bosque, 1429 Claire, stated that the neighborhood is in opposition to the zoning change and spoke regarding the incidents on the property involving the police; violations of the zoning ordinance; and illegal dumping. Ms. Martinez made a motion to deny the zoning change request. The motion was seconded by Mr. Scott. City Secretary Chapa polled the Council as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 21. FAILED • acres out of Woodlawn Estates, Block 4, Lots 11 & 12, from "B 4" Ceneral Business District ■ deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 23 regarding the FY2010 Capital Budget and Capital Improvement Planning (CIP) Guide. Assistant City Manager Oscar Martinez stated that the CIP program is being recommended with changes to the debt service policy to adopt the CIP with the operating budget; evaluating and reducing the utility requirement of the street project; reducing the CIP dependence on commercial paper by use of newly established capital reserve funds; and eliminating maintenance projects from the CIP. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 028449 Approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (First Reading — 12/08/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" Mayor Adame opened discussion on Item 24 regarding an amendment to a service agreement with Dolphin Sales and Service Inc. Assistant City Manager Oscar Martinez stated that this item is a continuation of a decision made during the operating budget process to implement a single- stream recycling program. Mr. Martinez added that staff is recommending deferring the decision on the contract to allow the City to consider altering or changing the recommendation until after the review of the budget. A brief discussion ensued regarding the savings of the new collection recycling program. Mr. Kieschnick made a motion to delay the approval of Item 24 until January 19, 2010. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council as follows: Minutes — Regular Council Meeting December 15, 2009 — Page 11 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Eiizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 25 regarding a contract with Humana Insurance Company. Director of Human Resources Cynthia Garcia explained that this item is for the approval of a service agreement with Humana Insurance Company to provide fully insured health and pharmacy plan and other related services for Medicare - eligible retirees participating in the Citicare plan. Ms. Garcia stated that staff is not recommending the pre -65 insurance plan at this time. Ms. Garcia added that the recommended plan will reduce premiums for retirees and will reduce the unfunded liability substantially. Ms. Garcia introduced Randy McGraw and representatives from Humana. In response to Council Member Martinez, Ms. Garcia reported that the unfunded liability would be reduced by $21 million over a 30 -year period. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2009 -354 Motion authorizing the City Manager or his designee to execute all documents necessary to enter into a three -year service contract with Humana Insurance Company of Louisville, KY to provide a retiree health insurance plan and other related services to Medicare - eligible retirees, dependents, and survivors participating in the Citicare Plan in accordance with Request for Proposal Number BI- 0153 -09. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 22 regarding the Memorial Coliseum. Mayor Adame recused himself from the discussion on this item. John Bell, Attorney, provided a brief overview of three letters submitted to the Council by the National Swimming Center Corporation (NSCC) in response to questions raised at the December 8th meeting including the development partnership relationship; confirmation of sanctioned events; and the commitment of $20 million from Alexandra Development to the project. Mr. Bell addressed the issue of the $5 million shortfall for the project and provided a revised site plan. Fred Yeo, President of the NSCC, provided an explanation of the revised site plan and spoke regarding the criteria for open space; the issue of the project currently having 165 hotel rooms and that number not being economically viable to the project; widening or increasing the height limit of the hotel /retail section to infringe on the open space; use of the old City Hall site (Tract B); the setback on the property line; restoration of the Coliseum; and parking. Bill Harrison spoke regarding the status and methods of finding additional sources of funding to cover the $5 million shortfall. The following topics pertaining to this item were discussed: the current height of the hotel based on the site plan; the number of hotel rooms needed for the project to be economically viable; the number of people projected to come to sanctioned events; the status on the additional funding required; the estimate of improvements; whether the TIF can include the new and improved amount of the Coliseum and the land of the subject property; the open space; Tract B identified as park land; use of the Shoreline right -of -way; use of the backline of S. Shoreline; when NSCC will produce a proforma; whether the City could issue bonds for the parking garage; the current zoning of the property and the height requirements for that zoning; service parking; use of Type A or CDBG funds; -33- Minutes — Regular Council Meeting December 15, 2009 — Page 12 the budget to retrofit the Coliseum; whether the City is negotiating a non - subordinating ground lease; the proposed amount of the lease payments; the size of the facility and seating; the number of parking spaces; and the USA Swimming Foundation relationship to the project. Council Member Chesney asked staff to determine if the City could issue bonds to finance the parking garages and generate revenues. Council Member Chesney also requested information regarding the zoning requirements for the property. Council Member Kieschnick asked for a legal opinion on whether Type A funds could be used to finance the swim center. Council Member Leal asked whether the City could use CDBG funds to finance the swim center. Mayor Pro Tem Leal called for comments from the audience. Huxley Smith, 1913 Thames, spoke regarding the type of events proposed for the swim center and the design of the pool. Norman Navarro, American GI Forum, spoke regarding the petition efforts to restore the Memorial Coliseum. Mary Ann Kelley stated that an election should be held to allow voters to determine the future of the Coliseum. Wilson Wakefield, 6026 Killarmet, asked the Council to build something in the interest of the community. * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. Colin Sykes, 309 Aberdeen, provided a resolution from The Corpus Christi Progressive Populist Caucus requesting the re- establishment of the 12 noon pubic comment. Susie Luna Saldana, 4710 Hake!, spoke regarding the appointment to the Port Commission. Wilson Wakefield, 6026 Killarmet spoke in opposition to the Las Brisas plant. Foster Edwards, President of the Corpus Christi Chamber of Commerce, invited the Council to attend the State of the City Address on January 20th. Daniel Vera, 818 Savage, spoke regarding economic development. * * * * * * * * * * * ** Mayor Adame referred to Item 26 regarding the FY2009 -2010 First Quarter Budget Performance Report. Assistant Director of Budget Eddie Houlihan provided a brief overview on the year to date expenditures and revenues for the enterprise fund, internal service fund, special revenue funds, and the general fund; the sales tax comparison from the previous fiscal year; retail trade and utilities; and mining and wholesale trade. The following topics pertaining to this item were discussed: the typical impact of sales tax for the month of December; the non - departmental expenditures in the general fund; and the loss in mine and wholesale trade. Mayor Adame referred to Item 27 regarding an update on the City Council Administration Committee. Assistant City Manager Oscar Martinez provided an update on the issues discussed and the direction given by the Administration Committee regarding the deferred compensation; investment policy; GASB 45 liability; and the budget reduction strategies. Council Member Martinez requested that staff compare the reduction of liability for the post - 65 police and fire employees if the rates were unblended. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:52 p.m. on December 15, 2009. -35- 2 NO ATTACHMENT FOR THIS ITEM 3 NO ATTACHMENT FOR THIS ITEM 4 NO ATTACHMENT FOR THIS ITEM 5 a. MARINA ADVISORY COMMITTEE - Nine vacancies with terms to 12 -18 -10 and 12 -18 -11 representing the following categories: 1- scientist, i.e. marine biologist, 1 — engineer, 1- environmentalist, ? - representative of a restaurant located within the boundaries of the marina, and 5 — citizens. DUTIES: To advise and make recommendations regarding development, use, or preservation of the marina. including the following: (1) assist the City Council in providing for the orderly, planned development and use of the marina; (2) review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina; and (3) review and recommend to the City Council the feasibility of development, improvements, maintenance or proposed uses for the marina. COMPOSITION: Nine (9) members appointed by the City Council for two -year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be a representative of a restaurant located within the boundaries of the marina. The Chairperson of the Marina Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two -year term, in the succeeding term, 5 members will serve a two -year term, and 4 members will serve a one -year term, as determined by drawing. Thereafter, all terms will be two - years. ORIGINAL MEMBERS TERM APPTD. DATE *Robert Vega (Scientist) 12 -18 -09 12 -18 -07 *Dan Leyendecker (Engineer) 12 -18 -09 12 -18 -07 *John Adams (Environmentalist) 12 -18 -09 12 -18 -07 *Nils Stolzlechner (Restaurant) 12 -18 -09 12 -18 -07 *Robert Cagle 12 -18 -09 12 -18 -07 *Hal Suter 12 -18 -09 12 -18 -07 *Marie Adams 12 -18 -09 12 -18 -07 *Roy Pell, Chair 12 -18 -09 12 -18 -07 * Rakesh Patel 12 -18 -09 12 -18 -07 (Note: The Marina Advisory Committee is recommending the reappointments of Robert Vega (Scientist), Dan Leyendecker (Engineer), John Adams (Environmentalist), Nils Stolzlechner (Restaurant), Robert Cagle, Hal Suter, Marie Adams, Roy Pell, and Rakesh Patel). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Robert Vega (Scientist) 6 Dan Leyendecker (Engineer) 6 John Adams (Environ.) 6 Nils Stolzlechner (Restaurant) 6 Robert Cagle Hal Suter Marie Adams Roy Pell Rakesh Patel 6 6 6 6 6 NO. PRESENT 6 3 (3 exc) 4(2exc) 3(3exc) 3(3exc) 5(lexc) 4(2exc) 6 5(lexc) OTHER INDIVIDUALS EXPRESSING INTEREST Captain Ron Behnke Richard Bell Curt L. Broomfield Chase Carlisle Cristi J. Caviness % OF ATTENDANCE LAST TERM YEAR 100% 50% 67% 50% 50% 83% 67% 100% 83% Self - Employed, Editor of Saltwater Angler Magazine. Attended Del Mar College. Activities include: Texas Outdoor Writers Association, CCA, SEA, and Licensed United States Coast Guard Captain (Charter Captain). (Environmentalist or Citizen) (4- 20 -09) Director, Texas A &M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management and MA in Accounting. Activities include: CCYC, YWCA and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (Citizen) (10- 12-09) CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (Citizen) (9 -8 -09) Account Executive, Carlisle Insurance Agency. Received Bachelor of Business Administration in Management from Texas A &M University at College Station. Graduate of Leadership Corpus Christi -Class 38. Activities include: Board Member of Independent Insurance Agents of the Coastal Bend and Big Brothers Big Sisters Mentor. (Citizen) (1 -4 -10) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (Citizen) (5- 13 -09) David M. Coover, Jr. Timothy Scott Craig Sharon Emerson Jay Gardner Patrick Geary Shon Jimenez Ed Labay Edward Frank Lewis Self Employed, Attorney. Received BA from St. M. try's Universtiy and JD from South Texazs Colleg of Law. (Citizen) (4-16-09) Pipefitter, Kiewit. Received A.A.S. in Drafting. Technology from Victoria College. (Citizen) (12-7 -09) Paralegal, Law Office of Arnold Gonzales, Jr. Activities include: Bayfest, Cattle Baron's, Tall Ships Committee, Harbor Lights, Buc Days, Mayor's Fourth of July Celebration. President of the Corpus Christi International Seamen's Center. Jefferson Awards Nominee 2002. (Citizen) (12 -8 -09) Environmental Scientist, Naismith Engineering, Inc. Received Bachelor of Science from Texas A &M- Corpus Christi. Previously a Teaching Assistant at Texas A &M- Corpus Christi. Activities include: Executive Board Member of the Coastal Conservation Association (CCA)- Corpus Christi Chapter and Nueces County Beach Management Committee. (Scientist or Citizen) (4- 17 -09) Owner, Fiesta Insurance Corporation. Attended University of Houston. Who's Who Among American Small Business Owners. Member of Chamber of Commerce. (Citizen) (5- 18-09) President, Metal Scene News Corp. Currently Attending Colorado Technical University Online. Activities include: Organization for Single Fathers —Child Support and CorpusChristiBayArea.com. (Citizen) (8- 31 -09) Vice President, AGCM, Inc. Received a BS in Building Construction from Texas A &M University - College Station. (Citizen) (4-16-09) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tej as Kia Employee of the Month. (Citizen) (4- 20 -09) Jerry Lipstreu Area Manager, Kleinfelder. Received BA in Botany from University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member, West Corpus Christi Rotary Member and Port Aransas Boatmen Member. (Citizen) (4- 30 -09) Anthony John Mulheron Aircraft Production Lead, AECOM. Attending Del Mar College. Activities include: Wounded Warrior Project Soldier, Independence Masonic Lodge 1337 and HEART — Hero's Assistance Program. Recipient of Army Achievement Civilian Award. (Citizen) (12 -7 -09) Mohamad Omar Self - Employed, Real Estate. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (Engineer or Citizen) (10 -6 -09) Brian Perez CEO, Brian Adkins Wealth Management. Received BBA in Accounting and MBA in Finance from Texas A &M University at College Station. Activities include: Financial Industry Regulatory Authority, Texas A &M Alumni Association, Boys and Girls Club, and Family Counseling Service. Member of Texas Scholars. (Citizen) (12 -7 -09) Willie Rivera, Jr. Project Engineer, Naismith Engineering, Inc. Received B.S. in Civil Engineering from Texas A &I University at Kingsville, Texas. Activities include: American Society of Civil Engineers, Texas Society of Professional Engineers, National Society of Professional Engineers, American Water Works Association and American Council of Engineering Companies. Recipient of State of Texas Youg Engineer of Year, 2002., CCISD Volunteer and YMCA Volunteer. Graduate of Leadership Corpus Christi, Class 28. (Engineer or Citizen) (1 -6 -09) Woodrow Mac Sanders Retired - Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (Citizen) (4 -4 -09) Amber Sayre Currently Attends Del Mar College, Registered Nurse Program. (Citizen) (10 -6 -09) Jennifer Taylor IT Recruiter, Integrity Workforce Solution. Received Associates Degree - Paralegal. (Citizen) (8- 10 -09) Michael Tromm Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (Citizen) (1- 12 -09) Steve Trubatisky Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (Citizen) (2- 11 -09) Larry L. White Process Engineer, DuPont. Received BS and MS in Chemical Engineering from Louisiana Tech and MS in Environmental Engineering from Memphis State. Activities include: American Institute of Chemical Engineers, Corpus Christi Bucarader, and Water's Edge Pipe and Drum Band. (Environmentalist, Engineer or Citizen) (6 -5 -09) b. WATERSHORE AND BEACH ADVISORY COMMITTEE — Nine (9) vacancies with terms to 12 -11 -10 and 12 -11 -11 representing the following categories: 1- scientist, i.e. marine biologist, 1- engineer, 1- environmentalist, 1- owner of a hotel or condominium located on North Padre Island or Mustang Island and 4 — citizens. (Staff is recommending the owner of a hotel or condominium located on North Padre Island or Mustang Island category be postponed until additional resumes are received.) DUTIES: To advise and make recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water including but not limited to Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2 -264. COMPOSITION: Nine (9) members appointed by the City Council for two -year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two -year term, in the succeeding term, 5 members will serve a two -year term, and 4 members will serve a one -year term, as determined by drawing. Thereafter, all terms will be two- years. ORIGINAL MEMBERS TERM APPTD. DATE *Jolla a Mott (Scientist) 12 -11 -09 12 -11 -07 *Robert Thomas (Engineer) 12 -11 -09 12 -11 -07 *Jake Herring (Environmentalist) 12 -11 -09 12 -11 -07 * ** *Guy Davis (Hotel /Condo Owner) 12 -11 -09 09 -23 -08 *Kimberly Lemley (CVB) 12 -11 -09 12 -11 -07 *Neil McQueen 12 -11 -09 12 -11 -07 *Jim Needham 12 -11 -09 12 -11 -07 * JoAnn Gilbertson 12 -11 -09 12 -11 -07 * *Kyle Garrison 12 -11 -09 12 -11 -07 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Joanna Mott (Scientist) 10 Robert Thomas (Engineer) 10 Jake Herring (Environ.) 10 Kimberly Lemley (CVB) 10 Neil McQueen 10 Jim Needham 10 JoAnn Gilbertson 10 NO. PRESENT 9(1 exc) 6(3exo) 8(2exc) 10 8(1 exc) 9 OTHER INDVIDUALS EXPRESSING INTEREST Cody Bates Captain Ron Behnke Curt L. Broomfield Chase Carlisle Ivan A. Cavada Cristi J. Caviness OF ATTENDANCE LAST TERM YEAR 70% 90% 60% 80% 100% 80% 90% President, TDL Plastics. Graduated from Texas Tech. Received MS in Environmental Sciences from Texas A &M University - Corpus Christi. Activities include: Surfrider Foundation, CCA, and SEA. (Environmentalist or Citizen) (4- 24 -09) Self - Employed, Editor of Saltwater Angler Magazine. Attended Del Mar College. Activities include: Texas Outdoor Writers Association, CCA, SEA, and Licensed United States Coast Guard Captain (Charter Captain). (Environmentalist or Citizen) (4- 20 -09) CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (Citizen) (9 -8 -09) Account Executive, Carlisle Insurance Agency. Received Bachelor of Business Administration in Management from Texas A &M University at College Station. Graduate of Leadership Corpus Christi -Class 38. Activities include: Board Member of Independent Insurance Agents of the Coastal Bend and Big Brothers Big Sisters Mentor. (Citizen)(1 -4 -10) Legal Assistant, Cavada Law Office. Attended College. (Citizen) (11- 20 -09) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (Citizen) (5- 13 -09) Christina Cisneros Timothy Scott Craig Brian Thomas Doggett Sharon Emerson Melissa Espitia Robert Forest Shannon Gabriel Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University - Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award. (Citizen) (2- 23 -09) Pipefitter, Kiewitt. Received A.A.S. in Drafting Technology from Victoria College. (Citizen) (12 -7 -09) Managing Member, Island Aquatics, LLC. Attended Virginia Commonwealth University. Activities include: President - Independent pool and Spa Service Association. (Citizen)(6- 17 -09) Paralegal, Law Office of Arnold Gonzales, Jr. Activities include: Bayfest, Cattle Baron's, Tall Ships Committee, Harbor Lights, Buc Days, Mayor's Fourth of July Celebration. President of the Corpus Christi International Seamen's Center. Jefferson Awards Nominee 2002. (Citizen) (12 -8 -09) Ad Sales Coordinator, USDM.net. Attended Texas A &M- Corpus Christi University. Formerly Volunteered with Big Brothers, Big Sisters. (Citizen) (9 -4 -09) Owner/Manager, Robert Forest Real Estate. Received B.S. from Boston University and M.S. from University of Southern California. Activities include: Padre Island Yacht Club. Graduate of Citizen University. (Citizen) (4- 20-09) Marketing Manager, Outback Steakhouse. Attending Del Mar College. Activities include: Beach Clean Ups, American Cancer Society -Relay for Life, Corpus Christi Chamber of Commerce and Corpus Christi of Commerce Ambassador Program. (Citizen) (8- 14 -09) Jay Gardner Anthony Gavlik Patrick Geary Environmental Scientist, Naismith Engineering, Inc. Received Bachelor of Science from Texas A &M- Corpus Christi. Previously a Teaching Assistant at Texas A &M- Corpus Christi. Activities include: Executive Board Member of the Coastal Conservation Association (CCA)- Corpus Christi Chapter and Nueces County Beach Management Committee. (Scientist or Citizen) (4- 17 -09) Project Engineer, Naismith Engineering. Received Bachelor of Science in Civil Engineering from Texas A& M University- Kingsville. Activities include: American Society of Civil Engineers and Texas Society of Professional Engineers. (Engineer or Citizen) (12- 28 -09) Owner, Fiesta Insurance Corporation. Attended University of Houston. Who's Who Among American Small Business Owners. Member of Chamber of Commerce. (Citizen)(5- 18-09) Timothy Goss Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (Citizen) (4- 21 -09) Meredith N. Grant Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (Citizen) (10- 14 -08) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Engineer or Citizen) (6 -4 -09) Ed Labay Vice President, AGCM, Inc. Received a BS in Building Construction from Texas A &M University- College Station. (Citizen) (4- 16 -09) Jerry Lipstreu Area Manager, Kleinfelder. Received BA in Botany from University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member, West Corpus Christi Rotary Member and Port Aransas Boatmen Member. (Citizen) (4- 30 -09) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (Engineer or Citizen) (1- 21 -09) Victor Menard Ronald J. Moore Mohamad Omar Keith Parker Taxpayer Liaison Officer, Nueces County Appraisal District. Retired, United States Navy, Master Chief Air Traffic Controller and Viet Nam Veteran. Activities include: Former Water Shore Advisory Committee Member — Vice Chair, AARP, Mayor's Fourth of July Committee, Boys and Girls Club of Corpus Christi, Habitat for Humanity, Neighborhood Visions and Flint Hills Community Action Council. Recipient of the "Positive Place Award ". (Citizen) (11- 6 -09)) Plant Manager, Coastal Bend Surgery Center. Owner of Coastal Mediations. Received Associates Degree in Paralegal Studies and Mediation Certification form the South Texas College of Law. Activities include: Dispute Resolution Center, Better Business Bureau Mediation Program, Texas Sandfest and Adopt -A- Beach. (Citizen) (10 -6 -09) Self - Employed, Real Estate. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (Engineer or Citizen) (10 -6 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC/Loan Review Committee. (Engineer or Citizen) (4- 23 -09) Charles Pendlyshok Regional Manager, Human Military Healthcare Services. Retired Healthcare Delivery System Executive. Received B.S. from Widener University, M.A. from Incarnate Word University, and M.B.A. from Widener University. Activities include: Certified Senior Advisor. Licensed Insurance Producer and Volunteer and Sailing Instruction. (Citizen) (11- 20 -08) Willie Rivera, Jr. Project Engineer, Naismith Engineering, Inc. Received B.S. in Civil Engineering from Texas A &I University at Kingsville, Texas. Activities include: American Society of Civil Engineers, Texas Society of Professional Engineers, National Society of Professional Engineers, American Water Works Association and American Council of Engineering Companies. Recipient of State of Texas Youg Engineer of Year, 2002., CCISD Volunteer and YMCA Volunteer. Graduate of Leadership Corpus Christi, Class 28. (Engineer or Citizen) (1 -6 -09) Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy /Smith International. (Citizen)(8- 24 -09) Amber Sayre Currently Attends Del Mar College, Registered Nurse Program. (Citizen) (10 -6 -09) Jodi Steen President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. (Citizen) (4 -16- 09) Steve Trubatisky Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (Citizen) (2- 11 -09) CITY COUNCIL AGENDA MEMORANDUM City Council Action Date:January 12, 2010 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute a six month lease agreement with War -Cat Youth Football League, a nonprofit organization, and Nueces County, for the use of Equistar Field located near the intersection of McKinzie Road and Haven Drive, for its youth football athletic program, in consideration of maintaining the premises and improvements; and declaring an emergency. ISSUE: The City of Corpus Christi and Nueces County currently lease the property known as Equistar Park to the War -Cat Youth Football League. The current lease will expire on January 22, 2010. Staff recommends executing a six month lease agreement with the League for its youth football program. The lease agreement will be forwarded to the Nueces County Commissioners Court for consideration during one of its January 2010 meetings. REQUIRED COUNCIL ACTION: Approve an ordinance authorizing the City Manager to execute a six month lease agreement with the War -Cat Youth Football League for the use of Equistar Fields for its youth football program. PREVIOUS COUNCIL ACTION: On December 9, 2008 the City Council approved an ordinance authorizing the City Manager, or his designee, to execute a one -year lease agreement with an option to extend for up to two additional one- year terms with the War -Cat Youth Football League. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Stacie A. Talbert, Interim Director of Parks and Recreation staciet @cctexas.com 361- 826 -3476 Attachments: Lease Agreement Extension 6 5- BACKGROUND INFORMATION Oxy Petrochemicals Inc. donated property that included 31 acres to the City of Corpus Christi and Nueces County as tenants in common on April 28, 1997. Once known as Oxy Chem Park this property is now known as Equistar Park and is located near the intersection of McKinzie Road and Haven Drive. The deed requires that this property be used as a youth sports facility. In 1998, the City leased the property to the Northwest Youth. Football League for a 10 year period. In 2008, the City solicited proposals from leagues interested in leasing the athletic fields for the purpose of providing a youth football program. Two proposals were received and the War -Cat Youth Football League was awarded the lease based on Best Overall Value. On December 9, 2008 the City Council approved an ordinance authorizing the City Manager, or his designee, to execute a one -year lease agreement with an option to extend for up to two additional one- year terms with the War -Cat Youth Football League. The Nueces County Commissioners Court approved the contract in January 2009 and Judge Neal executed the lease on January 22, 2009. The Nueces County Parks Department and County Commissioner Mike Pusley have plans for enhancing Equistar Park and the adjacent property to improve the recreation and athletic facilities available to residents in Northwest Corpus Christi. Nueces County and the City of Corpus Christi will be leveraging development and capital improvement funds to increase the scope of development either entity could not accomplish alone. Pending the award of a grant from the Texas Parks and Wildlife Department, the County could begin construction of these improvements as early as July 2010. With this schedule in mind, staff recommends City Council approve an ordinance authorizing the City Manager to execute a six month lease with the War -Cat Youth Football League for Equistar Field. The current lease expires on January 22, 2010. Page 1 of 2 AGREEMENT TO EXTEND LEASE WITH WAR -CAT YOUTH FOOTBALL LEAGUE THIS AGREEMENT is made and entered into this day of January, 2010, by the CITY OF CORPUS CHRISTI, a municipal corporation and political subdivision of the State of Texas, hereinafter referred to as "CITY," NUECES COUNTY, and War -Cat Youth Football League, hereinafter referred to as "Lessee" Whereas, the parties previously entered into a Lease Agree ent between Lessee, City, and Nueces County, ( "Lease Agreement "), with terminat 'January 21, 2010; Whereas, section 1 of the Lease Agreement included an option to ex the term up to two additional one year terms, subject to the approval of the,City Manager "`apicl Lessee; Whereas, the parties desire to extend the term of the Lease Agreement until July 20, 2010; NOW, THEREFORE, THEI'ARTIES A 1) Pursuant , f the Lease Agreement, the parties agree to extend the term of the o. :t for s' additional months, beginning on January 20, 201 tT 1'Extension Period "). 2) A er terms �,, conditions of the Lease Agreement, and which are not inconsistent '' ith, shat ontinue in full force and effect during this Extension Period. A copy of the c Agreement is attached as Exhibit A IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Extension Agreement effective as of the day and year above first written. EXECUTED IN TRIPLICATE ORIGINALS this day of , 2010, by the authorized representative of the parties. C:\DOCUME— 1 \StacieT\LOCALS— 1 \Temp \War- Cat6xtension.doc Page 2 of 2 ATTEST: Armando Chapa City Secretary APPROVED AS TO LEGAL FORM THIS Lisa Aguilar, Interim City Attorney War -Cat Youth Football League By: Name: Title: Date: City of Corpus Christi, Texas `Angel R. Escobar City Manager DAY OF , 2010: State of Texas § County of Nueces This instrument was ack ffi a a� ` the day of , 2010, by as for War -Cat Youth Footb. - ¢Yeague, a on corporation, on before of the corporation. Nueces County By: Name: Title: Date: Notary Public C:\DOCUME -1 \StacieT\LOCALS -1 \Temp \War -Cat, gxtension.doc ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SIX - MONTH LEASE EXTENSION WITH WAR -CAT YOUTH FOOTBALL LEAGUE, A NON- PROFIT ORGANIZATION, ( "LESSEE "), AND NUECES COUNTY, FOR THE USE OF EQUISTAR FIELD LOCATED NEAR THE INTERSECTION OF MCKINZIE ROAD AND HAVEN DRIVE, FOR LESSEE'S YOUTH FOOTBALL PROGRAM IN CONSIDERATION OF MAINTAINING THE PREMISES AND IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute an agreement to extend the current lease with War -Cat Youth Football League, a non - profit organization, and Nueces County, for additional six month period, for the use of Equistar Field located near the intersection of McKinzie Road and Haven Drive, for its youth football athletic program, in consideration of maintaining the premises and improvements. 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 2010 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: January 5, 2010 By: Lisa Aguilar, 1lrrferim City Attorney • " Joe Adame Mayor Corpus Christi, Texas Day of , 2010 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: 1 /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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: 01 -12 -10 A) A Resolution authorizing the City Manager or his designee to accept grant No. TR -AG1 -2010 from the State Energy and Conservation Office in the amount of $400,000 with a minimum 20% in -kind City match, for altemative fuels and related technology, and to execute all related documents. B) An ordinance appropriating $400,000 from the State Energy Conservation Office (SECO) in Fund Number 1053, Gas Department Grants Fund, to upgrade existing Compressed Natural Gas Station, located at 2525 Hygeia Drive. ISSUE: Funding is available through the State Energy Conservation Office and approval of an acceptance resolution by City Council is required. The grant must be accepted and the funds appropriated prior to receiving and spending grant proceeds. REQUIRED COUNCIL ACTION: Passage of resolution and ordinance as presented. FUNDING: The State is asked to grant $400,000 for equipment purchases. The Gas Department will provide a minimum 20% in -kind match through labor, property and equipment costs. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and passage of the ordinance as presented. Attachments: 1. Exhibit "A" - Backtround Information 7 Exhibit "R" — Site Man tt,..151LAk rig 1 eborah A. Marroqu P.E. Director of Gas Operations DebbieM@cctexas.com 361- 885 -6924 -73- BACKGROUND INFORMATION The City of Corpus Christi Gas Department has been selected to receive a grant in the amount of $400,000 with a minimum in -kind match of 20% through the State Energy Conservation Office. The grant will be used to expand an existing natural gas vehicle refueling station, which is located near the City's Vehicle Service Center, at 2525 Hygeia Drive. See Exhibit "B ". This refueling station will provide for easier access to existing natural gas vehicles in the City's fleet, as well as added capacity and reliability to grow the fleet going forward. The Gas Department will provide the in -kind match through labor, property and equipment as outlined below: Proposed Labor and equipment = $39,500 Existing Improvements = $27,313 Land Value = $18,450 Total in kind match = $85,263 Currently, the City operates 31 natural gas vehicles and has received approval through the City Council for two CNG Solid Waste refuse trucks. This station will serve the existing fleet and is capable of servicing the future expansion of our fleet. With the proposed improvements in place, heavy duty vehicles or large volume users will be able to fuel as fast as someone fueling with a diesel pump. The expansion will be convenient for departments that use heavy duty vehicles. The proposed improvements will allow ease of vehicles to enter and exist with no traffic congestion. This station will serve as an incentive for other departments to utilize CNG, further reducing our dependence on foreign fossil fuels while helping to improve the air quality in the City. It should be noted that only 14 governmental entities statewide were chosen to receive a share of the Altemative Fuels Project grant funding. EXHIBIT "A" Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT GRANT NO. TR -AGI -2010 FROM THE STATE ENERGY AND CONSERVATION OFFICE IN THE AMOUNT OF $400,000 WITH A MINIMUM 20% IN -KIND CITY MATCH, FOR ALTERNATIVE FUELS AND RELATED TECHNOLOGY, AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept Grant No. TR- AGI -2010 from the State Energy and Conservation Office in the amount of $400,000 with a minimum 20% in -kind City match, for alternative fuels and related technology, and to execute all related documents. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: January 7, 2010 Lisa Aguil Interim City Attorney H ALEG- DIRUeannie\Lisa \Ordinances- Resolutions \RES- autlgcgeptGrant- SEGO- gas.doc Page 2 of 2 Corpus Christi, Texas Day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H ALEG -D I RUe a n n ie\lisa \Ordi nances- Resolutions \RES -a uttMUMGrant- SEGO- gas.doc Page 1 of 2 ORDINANCE APPROPRIATING $400,000 FROM THE STATE ENERGY CONSERVATION OFFICE (SECO) IN FUND NO. 1053, GAS DEPARTMENT GRANTS FUND, TO UPGRADE EXISTING COMPRESSED NATURAL GAS STATION, LOCATED AT 2525 HYGEIA DRIVE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The amount of $400,000 from the State Energy Conservation Office (SECO) is appropriated in Fund No. 1053, Gas Department Grants Fund, to upgrade existing compressed natural gas station, located at 2525 Hygeia Drive. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: January 7, 2010 Lisa Aguil Interim City Attorney H:\ LEG -DI RUeann ie\ Lisa \ordin ances- Resolutions \oRD- appr.94ECO -Gas.d oc Page 2 of 2 Corpus Christi, Texas day of , 2010. 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, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:\LEG- DIR\Jean nie\l.isa\ Ordinances - Resolutions \ORD- approp,SECO- Gas.doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 12, 2010 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $75,000.00 to provide services for youth ages 10 to 17 in the 78415 Zip Code. B. Motion authorizing the City Manager, or his designee, to execute a subcontract with SERCO of Texas in the amount of $100,000.00 to provide services for youth ages 10 to 17 in the 78415 Zip Code. ISSUE: The Texas Department of Family and Protective Services (DFPS) is continuing to fund the Community Youth Development (CYD) Program in various cities throughout the State. The City of Corpus Christi has been allocated $503,500 in program funds for Fiscal Year 2009 -2010, Contract Period September 1, 2009 through August 31, 2010, to be used in the 78415 Zip Code area. REQUIRED COUNCIL ACTION: Contracts in excess of $50,000 require Council approval. PREVIOUS COUNCIL ACTION: On June 1, 2009 Council approved a resolution for the City Manager or his designee to submit a grant application in the amount of $503,500. On September 22, 2009 Council approved a motion to execute a contract with the Texas Department of Family and Protective Services and also approved an ordinance to appropriate the money. CONCLUSION AND RECOMMENDATION: The Community Youth Development Steering Committee, TDFPS and Parks and Recreation recommend approval of the $175,000 for the CYD Programs as presented for Fiscal Year 2009 — 2010, Contract Period September 1, 2009 through August 31, 2010. Stacie Talbert Interim Director of Parks and Recreation staciet @cctexas.com (361) 826 -3464 Attachments: Background Information BACKGROUND INFORMATION In 1995, DPRS developed a program to fund local grass roots efforts in the highest juvenile crime areas of the state by ZIP Code. Currently fifteen zip codes in 14 cities are designated as CYD service areas. The program sought to create activities that were not currently available within the local 78415 Zip Code area. These activities were made available to youth ages 5 -17. Eligible activities must fall within the following categories: mentoring, activities, employment, education, and /or youth leadership. In order to meet DPRS (now called Texas Department of Family and Protective Services — DFPS) guidelines, a mentoring, youth leadership development and a youth advisory committee components must be part of the overall 78415 CYD Program's Plan of Operation. On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the 78415 Community Youth Development (CYD) Contract with the Texas Department of Protective and Regulatory Services (DPRS) for the CYD Program, and executed a contract with DPRS. The City Council also passed a resolution ( #022938) establishing the CYD Steering Committee. Since then, the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service. Since its inception, the CYD Program has served the 78415 Zip Code through a number of service providers. These providers would include Boys & Girls Club, Communities In Schools, Corpus Christi Housing Authority, Corpus Christi Independent School District, Corpus Christi Public Library, Corpus Christi Teen Court, Paisano Girl Scout Council, Planned Parenthood, Park & Recreation Department, SERCO of Texas, Youth Odyssey, YMCA, and YWCA. For grant year 2010, the CYD Collaborative Committee approved funding for nine programs. The two largest awards were SERCO of Texas and Communities In Schools which require Council approval. SERCO will be providing job skills and career development programs at six school sites and Communities in Schools will offer Case Management Services and after school activities at 3 school sites throughout the 78415 target area. The other seven awards included: Boys & Girls Club ($50,000), Corpus Christi All -Star Gym ($50,000), Corpus Christi Housing Authority ($10,000), Corpus Christi Parks & Recreation Dept. ($20,000), YMCA of the Coastal Bend ($30,000), Youth Odyssey ($30,000), and YWCA of Corpus Christi ($35,000). The balance of the grant is utilized by the City for the administration of the CYD contract including coordinating the CYD review committee meetings, oversight of the subcontractor's programs, meeting the reporting requirements for DRPS and financial management of the grant funds. 9 CITY COUNCIL AGENDA MEMORANDUM Date: 01/12/2010 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $29,573.28 to the State of Texas, Criminal Justice Division for funding available under the Recovery Act — Violence Against Women Act (VAWA) for the Police Department's Family Violence Unit and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Funding is available under the Violence Against Women Recovery Act program to assist in developing and strengthening effective law enforcement and prosecution strategies to combat violent crimes against women and to develop and strengthen victim services in such cases. BACKGROUND INFORMATION: Recovery Act funding is available to assist in developing and strengthening effective law enforcement and prosecution strategies to combat violent crimes against women and to develop and strengthen victim services in such cases. The program will conduct trainings /presentations to enhance the public awareness campaign, educate law enforcement, first responder dispatch operators, and court personnel, conduct victim home visits and call out victim services. REQUIRED COUNCIL ACTION: Approval to submit the application. FUNDING: The grant is asked to provide 500 overtime hours and benefits for two victim case managers, presentation and training supplies, a database to track victim assaults, and mileage. There is no match required by the City. The grant project period will begin on or after April 1, 2010, and will expire on or before March 31, 2011. CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant. D. Troy Riggs Chief of Police 886 -2603 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $29,573.28 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION FOR FUNDING AVAILABLE UNDER THE RECOVERY ACT — VIOLENCE AGAINST WOMEN ACT (VAWA) FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT, AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Recovery Act — Violence Against Women Act (VAWA) for the Police Department's Family Violence Unit. 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 Criminal Justice Division in full. ATTEST: Armando Chapa City Secretary APPROVED: December 21, 2009. By: 1 i/ i1\.j /(1/t T. Trisha Dan Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 10 CITY COUNCIL AGENDA MEMORANDUM January 12, 2010 AGENDA ITEM: (A) Motion adopting the timetable for the FY2010 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (B) Motion reaffirming Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2010 Consolidated Annual Action Plan (CAAP) and reaffirming the CDBG /HOME Program objectives and guidelines as adopted by City Council. RECOMMENDATION: Staff recommends adoption of the timetable for the FY2010 CAAP process and reaffirmation of the CDBG /HOME program objectives and guidelines. IMPLEMENTATION SCHEDULE: FY2010 CAAP Timetable Eddie Ortega Neighborhood Services Director Eddieo@cctexas.com 361.826.3234 ADDITIONAL SUPPORT MATERIAL Background Information (?� FY2010 Schedule IX CDBG /HOME Guidelines IX AGENDA MEMORANDUM BACKGROUND INFORMATION a. Each year the City Council approves the upcoming Community Planning and Development (CPD) Grant Programs planning and an implementation calendar. The FY2010 CAAP is the application for funding under the CPD formula grant programs administered through the U.S. Housing and Urban Development (HUD) that include the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG). The FY2010 CAAP will initiate the third Consolidated Annual Action Plan of the five -year Consolidated Plan. The proposed schedule enclosed as Attachment "A" provides a comprehensive list of activities. Key dates are: January 4, 2010 January 22, 2010 February 1, 2010 February 26, 2010 April 13, 2010 April 20, 2010 June 14, 2010 Release Pre - Application forms for the CDBG, ESG and HOME Programs Deadline to submit Pre - Application forms for the CDBG, ESG and HOME Programs (Prerequisite for submitting Full Application) Release Full Application (Request for Proposals) for the CDBG, ESG and HOME Programs Deadline to submit Full Application (Request for Proposals) for the CDBG, ESG and HOME Programs City Council Public Hearing — Proposed FY2010 CAAP City Council Adoption — FY2010 CAAP Submit FY2010 CAAP to HUD As in the past, neighborhood, nonprofit and technical assistance meetings will be conducted in January and February. Meeting notices and requests for proposals will be published and mailed to interested organizations. Technical assistance workshops will be mandatory for nonprofit and for profit (in the area of economic development) organizations to attend should they be submitting a request for proposal to the CDBG, HOME and ESG programs. Information will be forwarded to the local media to increase citizen participation. The adopted schedule will also be added to the City's website. b. Over the 34 years of the CDBG Program, the City Council has gradually developed concise set of City Council policies for the CDBG Program. In March 1994, these policies were formally codified into the policies and general rules and procedures of the City Council. Each year at the beginning of the CDBG Program staff brings these policies back to the City Council for reaffirmation for their continued use. Staff believes that these policies require updating while allowing for flexibility for programs that have served the Council and the City extremely well over the numerous years. Staff recommends that the Council affirm the CDBG /HOME Program objectives and ni iirlalinac as PnnlnsPri in Attachme g. January 3 January & January 4 ATTACHMENT "A" NEIGHBORHOOD SERVICES /COMMUNITY DEVELOPMENNT COMMUNITY PLANNING & DEVELOPMENT (CPD) PROGRAMMING FY2010 CONSOLIDATED ANNUAL ACTION PLAN (CAAP) SCHEDULE Publish Technical Assistance Workshops /Neighborhood Meeting(s) /Public Hearings /Deadlines for Pre - Applications & Full Applications (Request for Proposals) February Preliminary Planning/ Technical Assistance Workshops /Neighborhood Meeting(s) /Public Hearing Presentation Release Pre - Application form (CDBG, HOME and ESG Programs) Deadline to submit Pre - Application form (Mandatory for CDBG, HOME and ESG programs) Release Full Application (Request for Proposal) for the CDBG, HOME and ESG Programs Deadline to submit Full Application (Request for Proposal) Forward to City Council FY2010 CAAP books Publication of City Council Public Hearing on the Proposed FY2010 January 22 February 1 February 26 March 31 April 4 April 13 April 20 April 28 May 2 May 3 May 5 June 1 June 14 July 16 CAAP City Council Public Hearing - Proposed FY2010 CAAP with Staff Recommendations for Full Applications submitted City Council Adoption - FY2010 CAAP Submit Final FY2010 CAAP Summary & Proposed Use to Caller - Times Publication of Final FY2010 CAAP Summary 30 day Citizen's Comment Period begins Notify Council of Governments (COG) of FY2010 CDBG Projects (Executive Order 12372 Requirement) for street infrastructure projects End of Citizen's Comment Period for the FY2010 CAAP Submit FY2010 CAAP to HUD (Due by June 16) HUD 15 day comment period - Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds —95— ATTACHMENT "A" ATTACHMENT "B" RESOLUTION - MARCH 22, 1994 021901* Reaffirmed on December 12, 2008 COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS Through the Community Development Block Grant Program, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses with the exception of economic development projects which create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. A CDBG funded project will be eligible for future CDBG funding at a minimum of two years from the date of its last funding, excludes City projects. f. Program Income generated from the CDBG Housing Program is a revolving fund and will be applied towards the Single Family Rehabilitation and Reconstruction Loan Program. Program Income generated from the HOME Program will be applied towards maintaining or creating affordable housing in our community. * Adopting Policies and General Rules and Procedures of the City Council ATTACHMENT `B" — 9 6— Page 1 of 1 1] CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 01/12/2010 AGENDA ITEM: Ratifying the reinstatement of a lease agreement between the City, Atlantic Aviation FBO Holdings, L. L.C., and Mercury Air Center- Corpus Christi, Inc., doing business as Atlantic Aviation; Authorizing the City Manager, or his designee, to execute an amendment to the agreement to extend the term until October 14, 2010; and declaring an emergency. ISSUE: Atlantic Aviation has requested an extension of their lease. The Department of Aviation recommends a One -Year extension. This will provide ample time to evaluate various business approaches to the agreement. REQUIRED COUNCIL ACTION: Council Approval as Requested CONCLUSION AND RECOMMENDATION: Airport Board Recommends Approval S-e5' Fred Segundo, A.A.E. Director of Aviation fredsCa?cctexas.com 361.289.0171 x1213 Attachments BACKGROUND INFORMATION A lease of real property was assigned to Chaparral Aviation, effective October 14, 1979, for a period of 30 years. Through a series of subsequent authorized lease assignments, the Lease was assigned in November 19, 2002 and is now held by MAC -CC. On September 13, 2007, an assignment and assumption of guaranty agreement was executed between City, Mercury and Macquarie. Macquarie subsequently filed an application on January 2, 2008 with the Secretary of State's Office of the State of Delaware to change its corporate identity from Macquarie to Atlantic. The Department of Aviation received request from Atlantic Aviation on September 22, 2009 to extend the lease agreement. Department of Aviation recommended to the Airport Board a One -Year extension to Atlantic Aviation's Lease. The first six months of the extension were the time line approved by the Airport Board to renegotiate the new business terms and conditions. Airport Board recommended approval of a One -Year extension during their October meeting. -100- FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, ATLANTIC AVIATION FBO HOLDINGS, LLC, AND MERCURY AIR CENTER- CORPUS CHRISTI, INC. This first amendment ( "First Amendment") to an existing lease agreement is made by and between the City of Corpus Christi ( "City "), Atlantic Aviation FBO Holdings, L.L.C. ( "Atlantic "), a Delaware limited liability company formerly known as Macquarie FBO Holdings, L.L.C. ( "Macquarie "), and Mercury Air Center- Corpus Christi, Inc. doing business as Atlantic Aviation ( "MAC -CC "). WHEREAS, a lease for real property located at the Airport was assigned to Chaparral Aviation, effective October 14, 1979, for a period of 30 years (the "Lease "); WHEREAS, through a series of subsequent authorized lease assignments, the Lease was assigned and is now held by MAC -CC, pursuant to a Consent to Assignment of Hangar and Fixed Base Operator's Lease dated November 19, 2002 (the "Consent Agreement "), among City, Mercury Air Group, Inc., a Delaware corporation and parent company of MAC -CC ( "Mercury"), and MAC -CC, with all Lease guarantees remaining with Mercury; WHEREAS, subsequent to the Consent Agreement, an assignment and assumption of guaranty agreement ( "Assumption Agreement ") was executed between City, Mercury, and Macquarie ( "Macquarie ") dated September 13, 2007, in which the City consented to the transfer of the Lease guarantees from Mercury to Macquarie, pursuant to a stock purchase agreement dated April 16, 2007, and executed between Macquarie and Mercury, in order for Macquarie to acquire all of the outstanding and issued capital stock of Mercury; WHEREAS, Macquarie subsequently filed an application, on January 2, 2008, with the Secretary of State's Office of the State of Delaware to change its corporate identity from Macquarie to Atlantic; WHEREAS, the parties to this First Amendment recognize that the guarantor named in the Assumption Agreement, for all continuing intents and purposes, is now Atlantic; and WHEREAS, the parties desire to execute this First Amendment to reinstate the Lease, extend the term for an additional year, and formally recognize the continuing lease guarantees. Section 1. The parties, by execution of this instrument, reinstate the Lease and ratify the reinstatement to be effective October 13, 2009. Section 2. Section 2 of the Lease is deleted and replaced with the following language: "2. Term. This lease is for a term of 30 years beginning October 14, 1979, the assignment to Mercury Air Group, Inc. ( "Mercury"), is effective on July 16, 1996, and the subsequent assignment to Mercury Air Center- Corpus Christi, Inc. ( "MAC -CC "), is effective on November 19, 2002, if MAC -CC does not default in a condition or provision of this Lease. This lease is subject to the assignment and assumption of guaranty agreement ( "Assumption Agreement ") dated September 13, 2007, in which the City consented to the transfer of the Lease guarantees from Mercury to Macquarie FBO Holdings, L.L.C., a Delaware limited liability company, now known by its company name of Atlantic Aviation FBO Holdings, L.L.C. ( "Guarantor"). If authorized by the City and agreed to in writing by MAC - CC and Guarantor, the original term of this lease may be extended for an addi- tional one -year period, terminating October 14, 2010." Section 3. By execution of this First Amendment, the parties agree to reinstate the Lease, extend the term of the Lease for a one -year period ending October 14, 2010, and formally agree to the continuing lease guarantees held by Atlantic, as Guarantor. All terms and conditions of the Lease not changed by this First Amendment remain the same and in full force and effect. EXECUTED IN QUADRULICATE, each of which is considered an original, on this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: CITY OF CORPUS CHRISTI `Angel R. Escobar City Manager Eliza • R. Hundley Assis t City Attorney for the City Attorney I0 '2989- (EXECUTION PAGE CONTINUES) Atlantic Aviation Lease 1st Amdmt Final.doc —102— Page 2 of 4 LESSEE: Mercury Air Center - Corpus Christi, Inc., doing business as Atlantic Aviation, a Texas corporation By: Printed Name: i :9 Title: % lG /)c Date: STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: / /I This instrument was acknowledged before me on j /1(I // t , 20(39; by (.erg (2 re 5 , an authorized repres ntative of Mercury Air Center- Corpus Christi Inc., doing business as Atlantic Aviation, a Texas corporation, on behalf of the corporation. MARGARET FUSARO NOTARY PUBLIC, STATE OF NEW YORK Repbreaa Na 01FU6133960 (NAM is Suffolk Cady Coauaaiaa Expel= Sep 19, 2013 N ota blic, State of micas" /i� ' 2 r ` (EXECUTION PAGE CONTINUES) Atlantic Aviation Lease 1st Amdmt Final.doc —103— Page 3 of 4 LEASE GUARANTOR: Atlantic Aviation FBO Holdings, L.L.G., formerly known as Macquarie FBO Holdings, L.L.C., a Delaware limited liability company By: Printed Name: Title: � / /74 e J� : Date: / /t ' 74 , 2 i/te STATE OF § COUNTY OF § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: re"'' This instrument was acknowledged before me on \j a. , 2099; by 1,L/ ,1 oar" t e 5 $ , an authorized repres ntative of Atlantic Aviation FBO Holdings, L.L.C., formerly known as Macquarie FBO Holdings, L.L.C., a Delaware limited liability company, on behalf of the company. MARGARET FUSARO NOTARY PUBLIC, STALE OF NEW YORK Repeaaooa No 0IFU6I33960 Quilled is Sulfa Ca dy Caaaneiaa Exrires Sep 19, 2013 Atlantic Aviation Lease 1st Amdmt Final.doc 766 . Notary P, lic, State of -104- Page 4of4 AN ORDINANCE RATIFYING THE REINSTATEMENT OF A LEASE AGREEMENT BETWEEN THE CITY, ATLANTIC AVIATION FBO HOLDINGS, L.L.C., AND MERCURY AIR CENTER — CORPUS CHRISTI, INC., DOING BUSINESS AS ATLANTIC AVIATION; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE AGREEMENT TO EXTEND THE TERM UNTIL OCTOBER 14, 2010; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The reinstatement of the lease agreement between the City, Atlantic Aviation FBO Holdings, L.L.C. (formerly known as Macquarie FBO Holdings, L.L.C.), and Mercury Air Center — Corpus Christi, Inc., doing business as Atlantic Aviation, is hereby ratified, to be effective as of October 13, 2009. Furthermore, the City Manager, or his designee, is authorized to execute an amendment to the lease agreement in order to extend the term of the agreement until October 14, 2010. A copy of the fully executed lease amendment will be placed on file in the City Secretary's Office. SECTION 2. Upon the 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 on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 9, 2009 !fLil - 1121trtk \ Elizabie R. Hundley / Assistant City Attorney for the City Attorney EHord286.doc —105— Joe Adame Mayor Corpus Christi, Texas day of , 2010 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, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord286.doc —106— 12 AGENDA MEMORANDUM City Council Action Date: January 12, 2010 SUBJECT: Art Museum of South Texas HVAC (Project No. 4379) BOND ISSUE 2008 NO. 41 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc. of Corpus Christi, Texas, in the amount of $441,639.00 for the Art Museum of South Texas HVAC project for the Total Base Bid and Additive Alternate Bids No. 1, 2 and 3. (BOND ISSUE 2008) ISSUE: The proposed contract is necessary to proceed with the project as approved by voters in the November 2008 Bond Election. This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 5, Public Facilities. Contractual obligations over $50,000 require City Council approval. The City received proposals from seven bidders on December 2, 2009 (see Exhibit "C" Bid Tabulation). The total of the base bids and additive alternates ranged from $441,639 to $669,000. The low bidder is Malek, Inc. After reviewing the information submitted by the low bidder, City staff and the consultant, Bath Engineering Group, Inc., recommend that the contract be awarded to Malek, Inc. in the amount of $441,639 for the Total Base Bid and Additive Alternate Bids No.1, 2 and 3. FUNDING: Funding is available from the Bond Issue 2008 Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E., Director of Engineering Services 826 -3781 petea n ©, cctexa s . co m Additional Support Material: Exhibit "A" Background Information Exhibit "B Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map H :\HOME\KEVINS\GEN \SoTxlnstOfArt- New\ 4679ArtMuseumHVACUpgrade2009\2.A01 f9.i6EM0 doc BACKGROUND INFORMATION SUBJECT: Art Museum of South Texas HVAC (Project No. 4378) BOND ISSUE 2008 NO. 41 PROJECT DESCRIPTION: Base Bid — Replace the ten constant volume air handling units serving the Phillip Johnson Building of the Art Museum of South Texas with ten (10) new constant volume air handling units. Replace the existing supply piping, and return air ductwork above the roof deck with new ductwork. Replace branch piping chilled water and hot water supply piping with new piping. Replace all piping insulation with new insulation. Replace existing controls with new Direct Digital Control "DDC" control system to be integrated into the existing DDC control system of the Legorreta Building of the Art Museum of South Texas. Cut two (2) openings into the existing reinforced concrete mechanical room walls to install 6 -ft 0 -in by 6 -ft 8 -in double doors. Additive Alternate Bid No. 1 — Provide new emergency Direct Exchange "DX" split system air handling unit and air cooled condensing unit to serve the storage vault at the Legorreta Building. The system shall be powered through an emergency generator panel which will have connections for a portable generator. Additive Alternate Bid No. 2 — Provide two (2) additional openings in the concrete walls of the mechanical room. Openings will be for a 4 -ft 0 -in and 6 -ft 8 -in door in the exterior wall of the boiler /elevator equipment room and the second opening will be 6 -ft 0 -in by 6 -ft 8 -in double door at the back exterior wall of the mechanical room to allow for additional equipment access. Additive alternate No. 3 - Provide a new DDC control system for the Phillip Johnson Building that will integrate with the existing Johnson Controls Metasys system located at the Legorreta Building at the Art Museum of South Texas. CONTRACT TERMS: The project is estimated to require 210 calendar days, with completion anticipated in September 2010. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —1 1 0— EXHIBIT "A" Paae1of1 PRIOR PROJECT ACTIONS SUBJECT: Art Museum of South Texas HVAC (Project No. 4378) BOND ISSUE 2008 NO. 41 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non- local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 4. June 6, 2009 — Administrative award of a professional Engineering contract in the amount of $48,950.00 to Bath Engineering Corporation of Corpus Christi, Texas for the Art Musem of South Texas HVAC Improvements. —1 1 1 — H. \HOME \KEVINS \GEN \SoTxlnstOfArt- New \4679ArtMuseumHVACUpgrade2009\4 PRIOR PROJECT ACTIONS doc EXHIBIT B Page 1 of 1 210 Days (Base Bid) T.L. Mechanical, Inc. 4717 Westway Drive Corpus Chris, Texas _._ _.. 78408 0 Z 0 aN of N e ai Victoria Air Conditioning, Ltd. PO Box 3882 Victoria Texas 77901 z 0 o f i e N w Z U a J s J o ° N n A e, R.E.C. Industries, Inc. P.O. Box 4868 Bryan Texas 78401 0 O J J N ZU O K a Columbia PO Box 200709 San Anton° Texas 78220 Z $I cn 2U Da J J J J °o o m a n 6 Z e Wether0ol PO Box 4881 Corpus Christi Texas 78469 t- Z Q q J J J J Malek PO Box 679 Corpus Christi Texas 78408 i o m 01 n 1 w 2 U d J J J J Miller & Miler 16250 FM 624 Robstown Texas 78380 AMOUNT J J J J w 2a 01 D 0 8 8 Engineers Estimate - Bath Engineeriry 5656 S. Staples, Suite 110 Corpus Chrst Texas 78411 AMOUNT 1 J J J J I' MUSEUM OF SOUTH TEXAS HVAC (BOND 2008) of Corpus Christ Project No 4379 ~ 2 0 J J J J ''.. O DESCRIPTION me '' m- y£mo0 = E.c . ie m n mE 0 3A W1 c E ai:c wd i v v i c a ° €gFia am id; 5i � $0 aa 0 9 '65 v t r! E mrmmw � n v '°� c;Yio 5 ma � Erc - ` d . Ea _i_u " q a `p v u o .. ; E 5 m E m apaa � 1_mw c211p C w o1 S W _ § ,66 o � N m are. o o..o 5m - w8 aY w !till a =U y o m —112 w N WZ o dl 2 Art Museum of South Texas HVAC 9009 Improvements (Project No. 10025) Preliminary Project Budget January 12, 2010 FUNDS AVAILABLE: Museum CIP Funds Public Facilities $600,000.00 FUNDS REQUIRED: Construction Contract $441,639.00 Project Contingency (10 %) $ 48,950.00 QA/QC Testing Contract $ 1 ,000.00 Engineering Design $ 48,950.00 Geotechnical Investigation $ -0- Construction Inspection (est.) $ 17,665.00 Survey $ -0- Engineering Project Liaison $ 7,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 12,000.00 TOTAL $577,204.00 EXHIBIT "D" Page 1 of 1 H AHOME\KEVINS \GEN \SOTXInstOfArt- New \4679ArtMuseumFLILFF11 de2009 \5AwdConstrBudgetExhD.doc Fife : \ Mproject \councilexhibita \exh4378c.dwg HARBOR BRIDGE CITY PROJECT No 4378 VICINITY MAP NOT 70 SCALE ART MUSEUM OF SOUTH TEXAS HVAC BOND 2008 N0.41 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS; DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 01 -12 -2010 13 AGENDA MEMORANDUM City Council Action Date: January 12, 2010 SUBJECT: H.E.B. and Al Kruse Tennis Centers Court Improvements Project No. 3391 / CIP No: Bond Issue 2008 SEQ # 54 CHANGE ORDER NO. 1 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Infinity Builders, of Laredo, Texas in the amount of $47,201 for a total restated fee of $296,201 for H.E.B. and Al Kruse Tennis Centers Court Improvements to patch and paint each of the remaining seven tennis courts at Al Kruse Tennis Center. (BOND ISSUE 2008) ISSUE: The proposed change order provides for the patching and painting of each of the remaining seven tennis courts at Al Kruse Tennis Center with two (2) coats black asphalt and two (2) coats of finish. These repairs were included in the original construction bid tabulation as Additive Bid Item No. 4. The original construction contract awarded only the base bid. It was stated that the Additive Bid Items would be awarded as change orders subject to the availability of funds. FUNDING: Funding is available from Bond Issue 2008 Parks and Recreation Interest Earnings. RECOMMENDATION: Staff recommends approval of the motion as presented. Stacie Talbert Acting Director of Parks and Recreation 361 - 826 -3476 staciet aacctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Project Budget Exhibit "E" Location Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean acctexas.com H :WOME\XellyO \GEN\PARKS AND REC43391 -HEB and Al Kruse tennis Centeca4l1t lyipsovChanoe Order No. 1\2 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: H.E.B. and Al Kruse Tennis Centers Court Improvements Project No. 3391 / CIP No: Bond Issue 2008 SEQ # 54 CHANGE ORDER NO. 1 CHANGE ORDER NO. 1 DESCRIPTION: The proposed Change Order No. 1 provides for the patching and paving of the remaining seven tennis courts at Al Kruse Tennis Center with two (2) coats black asphalt and two (2) coats finish in order to repair deterioration of the court surfaces and improve usability. PROJECT DESCRIPTION: This project consists of asphaltic overlay, asphaltic tennis court repairs and painting, new wind screens and miscellaneous repairs at the H.E.B. and Al Kruse Tennis Centers and air conditioning replacement at Al Kruse Tennis Center. CONTRACT TERMS: The construction contract is increased by $47,201; all other provisions of the contract remain unchanged. PROJECT BACKGROUND: The H.E.B. and Al Kruse Tennis Centers Court Improvements project is part of the Bond Issue 2008 Parks and Recreation Package, which was approved by voters on November 4, 2008. The City of Corpus Christi held an election to consider a number of ballot propositions to funds major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. The engineering and design for the H.E.B. and Al Kruse Tennis Centers Court Improvements project were completed in July 2009 by Dykema Architects, Inc. with the award of the construction contract to Infinity Builders, in September 2009. —118— I EXHIBIT "A" I Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: H.E.B. and Al Kruse Tennis Centers Court Improvements Project No. 3391 / CIP No: Bond Issue 2008 SEQ # 54 CHANGE ORDER NO. 1 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 028006) 4. September 8, 2009 — Motion authorizing the City Manager, or his designee, to execute a construction contract with Infinity Builders, of Laredo, Texas in the amount of $249,000 for H.E.B. and Al Kruse Tennis Centers Court Improvements for the Total Base Bid. (BOND ISSUE 2008) (Motion No. M2009 -249) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 4. May 20, 2009 — Administrative approval of a Contract for Professional Services with Dykema Architects, Inc. in the amount of $23,900 for H.E.B. and Al Kruse Tennis Centers Court Improvements. (BOND ISSUE 2008) 5. November 22, 2009 — Administrative approval of an Agreement for Construction Materials Testing Services with Kleinfelder, of Corpus Christi, Texas in the amount of $2,000 for H.E.B. and Al Kruse Tennis Centers Court Improvements. ( BOND ISSUE 2008) H: \HOME\KeIIyO\GEMPARKS AND REC\3391 -HER and Al Kruse tennis Centers Cod1 p mI ge Order No. 1 \4 PRIOR PROJECT ACTIONS.doc Department of Engineering Services Change Order Summary Sheet January 12, 2010 PROJECT: H.E.B. and Al Kruse Tennis Centers Court Improvements Project No. 3391 APPROVED: City Council on 9/8/09 - Motion No. 2009 -249 CONTRACTOR: Infinity Builders 6948 US Hwy 83 South Laredo, TX 78046 SUMMARY: This Change Order will add the painting and patching of 7 tennis courts at Al Kruse Tennis Center in order to repair deterioration of the court surfaces and improve usability. TOTAL CONTRACT AMOUNT $249,000 25% Limit Amount 62,250 Change Order No. 1 (Council 1/12/10) 47.201 Total $47,201 = 18.96% < 25% HAHOME\KellyO1GEN\PARKS AND REC13391 -HEB and Al Kruse tennis CelfThr3 2J) Rtkxov\Change Order No. 1 1.5 SUMMARY.doc EXHIBIT "C" Page 1 of 1 PROJECT BUDGET H.E.B. AND AL KRUSE TENNIS CENTERS COURT IMPROVEMENTS Project No. 3391 January 12, 2010 FUNDS AVAILABLE: Bond Issue 2008 Parks & Recreation (SEQ # 54) $300,000.00 Bond Issue 2008 Parks & Recreation (Interest Earnings) $47,201.00 Total $347,201.00 FUNDS REQUIRED: Construction (Infinity Builders) $249,000.00 Contingencies (10 %) 24,900.00 Change Order No. 1 (Infinity Builders) 47,201.00 Consultant (Dykema Architects) 23,900.00 Reimbursements 1,500.00 Misc. (Printing, Advertising, etc.) 700.00 Total $347,201.00 FUNDS REMAINING $0.00 File : \ Mproject \councilexhibits \exh3391b.dwg �UECES P F.M. 624 .WUTC 'S BAY PROJECT LOCATION Al Kruse Tennis Center a 0 CORPUS CSRISll BAY AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD. Sv�� W, POINT '�` 011/4 LOCATION MAP NOT TO SCALE 0 ra 4 AGMs ST to usRGUERITE ST 0, PROJECT SITE Ai Kruse Tennis Center 502 King St, Corpus Christi, Tx mARY Z PROJECT # 3391 SITE PLAN NOT TO SCALE EXHIBIT "E" HEB AND AL KRUSE TENNIS CENTERS COURT IMPROVEMENTS (BOND ISSUE 2008)-1 22 - CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ntTr• 19_1d_9nn0 WNW NM MOW NM IW teomeeePftro 14 AGENDA MEMORANDUM City Council Action Date: January 12, 2010 SUBJECT: ADA Ramp and Sidewalk Improvements on Park Road 22 Project No. E09056 — CHANGE ORDER NO. 2 AGENDA ITEM: Motion authorizing the City Manager or his designee to ratify and execute Change Order No. 2 to the construction contract for ADA Ramp and Sidewalk Improvements with Ram -Bro Contracting, Inc. of Robstown, Texas, in the amount $64,353 (for a restated amount of $583,328) to provide ADA - compliant curb ramps at the intersections of PR 22 and SH 361 and PR 22 and Whitecap. ISSUE: The project consists of providing curb ramps at two intersections in order to comply with the Americans with Disabilities Act. The two locations are PR 22 at SH 361 and PR 22 at Whitecap Boulevard. This work is being done as a change order to the construction contract with Ram -Bro Contracting, Inc. because the contractor is already mobilized and has successfully completed other ADA ramps on streets in several other parts of the city as part of the contract for ADA Ramp and Sidewalk Improvements for Street Overlays in Clusters 1, 2, 3 and 4. FUNDING: Funding for this project will come from the Bond 2008 Street Fund and the $9 million issued in tax notes for street maintenance and overlays as approved by the City Council on April 8, 2008. RECOMMENDATION: Staff recommends approval of the item as presented. tmic Va - H. Gra , P.E t Di - « • r of Sto W ter & Street Operations 361/826 -1875 or 361/826-1872 valerieat cctexas.com Additional Support Material: Exhibit "A ": Background Information Exhibit "B ": Prior Project Actions Exhibit "C ": Change Order Summary Exhibit "D ": Project Budget Exhibit "E ": Location Map H:WOMEIRaaheUe4EMSVeetslEO9056 ADA Ramps at PR 221CO Na 2Wpa"da yandoc Pete Anaya, P.E. Director of Engineering Services 361/826-3781 peteanecctexas.com, AGENDA BACKGROUND INFORMATION SUBJECT: ADA Ramp and Sidewalk Improvements at Park Road 22 Project No. E09056 — CHANGE ORDER NO. 2 CHANGE ORDER NO. 2 DESCRIPTION: The project consists of concrete removal, new ADA ramp construction, valve and manhole adjustments, marking and striping at two intersections on North Padre Island: Park Road 22 and SH 361 and Park Road 22 and Whitecap Boulevard. This work is required in order to comply with the Americans with Disabilities Act. The construction of these curb ramps will add 40 days to the contract time. As part of the City's ongoing effort to improve the transportation system, two major street overlay projects have been constructed in the last 18 months. Several streets throughout the city were identified for repairs using a hot - mix - asphalt- concrete (HMAC) overlay as well as construction of ADA - compliant curb ramps. The first street overlay and ADA ramp projects were funded by the $9 million in tax notes. The construction for the overlay portion was awarded on August 26, 2008 and the ADA ramp and sidewalk improvements project was awarded on July 28, 2009. These projects consisted of the following streets. Cluster 1 Streets — Tax Notes • River Hill Drive — FM 624 to Dead End • Wandering Creek Drive — Leopard Street to Turkey Creek Drive • Wildcat Drive — FM 624 to Teague Lane • Carancahua Street — Hancock Avenue to Morgan Avenue • Louisiana Parkway (N) — Santa Fe Street to Alameda Street • Louisiana Parkway (S) — Santa Fe Street to Staples Street • Louisiana Parkway (S) — Ocean Drive to Santa Fe Street • Robert Drive — Gaines Street to Alameda Street • Flynn Parkway — Bonner Drive, Philippine Drive to Holly Road Cluster 2 Streets — Tax Notes • Baldwin Boulevard— Airport Road to Agnes • Morgan Avenue— Crosstown to Baldwin • Nueces Bay Boulevard — Up River to IH -37 • Tarlton Street— Greenwood to Washington • Up River Road - Nueces Bay to Palm Drive Cluster 3 Streets — Tax Notes • Trojan Drive— Greenwood to Crosstown Expressway • Airline Road — Ocean Drive to Alameda • Commodores — PR 22 to Aquarius EXHIBIT "A" Page 1 of 2 H:\ HOME \Rachelle\GEN\StreetslE09056 -ADA Ramps at PR 22 \CO No. 2 AgenCa 9a2cautad.doc Cluster 4 Streets — Tax Notes Shoreline Boulevard — Power Street to Elizabeth Street The second overlay project was part of the Bond 2008 improvements and the construction of that project was awarded on September 22, 2009. The streets included in that project were as follows: Group 1 Streets — Bond 2008 • Agnes from Crosstown to Port Avenue • Laredo from Crosstown to Agnes • Wood River from FM 624 to Guadalupe • Wood River from Guadalupe to Beal • Horne from Port Avenue to Greenwood • Tarlton Street from Ayers to Crosstown • Kostoryz from SPID to Holly Group 2 Streets — Bond 2008 • Glen Oak from Flour Bluff Drive to Waldron • Hustlin' Hornet from Debra to Laguna Shores • Whitecap from Park Road 22 to Gulf of Mexico • Flato Road from Bear Lane to Bates • Wooldridge Road from Quebec to Oso Parkway • Yorktown from Waldron to Laguna Shores PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A" Page 2 of 2 H:t HOMEIRacheIle1GEMStreets \E09056 -ADA Ramps at PR 22 \C0 No. 2NAgendelic2p7und.doc PRIOR PROJECT ACTIONS SUBJECT: ADA Ramp and Sidewalk Improvements at Park Road 22 Project No. E09056 — CHANGE ORDER NO. 2 PRIOR COUNCIL ACTIONS: 1. April 8, 2008 - Resolution approving the following projects to be funded through the issuance of Tax Notes: South Guth Ball Fields Relocation Project, Improvements to the Facilities with the Bayfront Arts and Sciences Park (which includes the American Bank Center, Museum of Science and History, Water Garden, Harbor Playhouse, and Art Museum of South Texas), Solid Waste Equipment, Street Equipment and Street Improvements. (Resolution No. 027649) 2. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 3. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 4. July 28, 2009 - Motion authorizing the City Manager or his designee to execute a construction contract with Ram -Bro Contracting, Inc. of Robstown, Texas, in the amount of $500,885 for ADA Ramp and Sidewalk Improvements for Street Overlays Part A (Clusters 1 & 3), Part B (Cluster 2) and Part C (Cluster 4) for the Total Base Bid. (Motion No. 2009 -216) 5. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449 PRIOR ADMINISTRATIVE ACTIONS: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. August 26, 2009 — Administrative approval of a Small A/E Agreement for Architect/Engineering Services with Farrera Architects of Corpus Christi, Texas, in the amount of $4,000 for the ADA Ramp and Sidewalk Improvements, Clusters 1, 2, 3 and 4 (Project Nos. 6481, 6482, 6483, 6484) to determine ramp and sidewalk compliance with the Texas Architectural Barriers Act, Article 9102. 5. January 7, 2010 — Administrative approval of Change Order No. 1 to the construction contract with Ram -Bro Contracting, Inc. of Robstown, Texas, in the amount of $18,090 —1 28— EXHIBIT "B" I Page 1 of 2 for a restated contract amount of $518,975 for ADA Ramp and Sidewalk Improvements for Street Overlays Part A (Clusters 1 & 3), Part B (Cluster 2) and Part C (Cluster 4) for the repair of a settled area on Waldron Road. 6. November 4, 2009 — Administrative approval of a small Agreement for Construction Materials Testing and Engineering Services with Kleinfelder in the amount of $23,285 for the ADA Ramp and Sidewalk Improvements, Clusters 1, 2, 3 and 4 (Project Nos. 6481, 6482, 6483, 6484). —129— HA HOMBRacheAe \GEN\.Streets\E09056 -ADA Ramos at PR 22 \CO No. 21Prior Project Actions.doc Department of Engineering Services Change Order Summary Sheet January 12, 2010 PROJECT: ADA Ramp and Sidewalk Improvements for Street Overlays Clusters 1, 2, 3, 4 - Project Nos. 6481, 6482, 6483, 6484 APPROVED: City Council on 7/28/09 - Motion No. 2009 -216 CONTRACTOR: Ram -Bro Contracting, Inc. 904 Industrial Robstown, TX 78380 TOTAL CONTRACT AMOUNT $500,885.00 25% Limit Amount 125,221.25 Change Order No. 1 (01/07/10) 18,090.00 Change Order No. 2 (1/12/10) 64,353.00 Total 82,443.00= 16.5% < 25% 1-1: 1HOME\Rachelle \GEMStreetME09056 -ADA Ramps at PR 22 \CO No. 2 \Change grc8rO.anmary.doc CHANCE ORDER Department. of Engineering Services City of Corpus Cnristi, Tettas CHANGE ORDER NO: 2 PROJECT NO: Cluster I - 6481, Cluster 2 - 6462, Cluster. 3 - 6493 & Cluster 4 - 6494 CONTRACT. TIME: Part. A. -250, Part B - 1.00 j Part C 150 Calendar De's Operating Department: Street Denartment DATE: November 25, 2009 Name of Project.: ADA Ramp and Sidewalk Improvements for Street Overlays Clusters 1, 2, 3 & 4 Contractor: Ram-Bro Contracting, Inc. ADD DEDUCT Add the following items to the contract: Please nee Attachment No. 1 for breakdown. TOTAL NET CHANGE ORDER NO.2: • $64,353.00 Why was this change necessary? (If left off the plans and specifications, explain why) This change order is additional work as reddented by the operating department. The additional work consists of providing- ADA concrete curb ramps, pavement markings, and miscellaneous drainage items at the intersections cf PR-22 6 SH 361, and PR-22 & Whitecan. The improvements will. provide ADA comnliant curb ramps at these signal controlled intersections. How can Similar changes be avoided in the future? Unavoidable - this is additional work as requested by the operating department. These two intersections were not included in the original scope of work for the project. A. CONTRACT PRICE B. TOTAL. CHANGE ORDER (inc. current) C. NEW CONTRACT PRICE D. THIS CHANGE ORDER E. PERCENT TOTAL CHANGE (B/A) F. PREVIOUS ADDN'L TIME AUTHORIZED G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME CITY OF C C.ISTI, T By: City Engineer APPROVED: 500,885-00 92.443.00 563,329.00 64,353.00 16.5 0 DAYS 40 DAYS 40 DAYS CONTRACTOR By: Title: Operating Department: Director of Management & Budget Legal Department -131- EXHIBIT "C" I Panp 7 nf protect: ADA RAMPS & SIDEWALK IMPROVEMENTS Corpus Chirsti Tx Engineer; Ruben Perez, Jr. P.E. with LNV Location Corpus Christi TX CHANGE ORDER FOR ADA RAMPS & SIDEWALKS IMPROVEMENTS IiIID ITEM' QTY 1 UNIT 1 DESCRIPTION (UNIT PRICE IN FIGUIIBID ITEM EXTEN. 1 PARK ROAD 22 CcD_ SH 361 1 1 LS Mobilization $ 4,800.00 $ 4,800.00 $ 400.00 2 1 LS SWPPP $ 400.00 3 1 LS Traffic Control $ 2,800.00 $ 2,800.00 4 1,158 SF Concrete Curb Ramps $ 8.00 $ 9,264.00 $ 3,006.00 $ 5,896.00 $ 1,250.00 5 501 LF Reflective Pavement Markings Type 1 12" White $ 6.00 6 536 LF Reflective Pavement Markings Type 124" White $ 11.00 7 25 LF , 18" Reinforced Conc. Pipe $ 50.00 8 1 EA Set Safety Ends (6:1)18" $ 2,100.00 $ 2,100.00 $ 1,200.00 9 1 EA 2' Sidewalk Drain $ 1,200.00 2' Sidewalk Drain $ 1,200.00 TOTAL BID ITEM 1 -9 SUB- TOTAL: $ 30,716.00 IIID ITEM] QTY 1 UNIT 1 DESCRIPTION ' ' 1UNIT PRICE IN FIGWBID ITEM EXTEN. PARK ROAD 22 t i WHITECAP 1 1 LS Mobilization $ 5,700.00 $ 5,700.00 2 1 LS SWPPP $ 400.00 $ 400.00 3 1 LS Traffic Control $ 2,800.00 \ $ 2,800 .00 3 80 SF Remove Existing Concrete $ 2.00 $ 160.00 4 1,466 SF Concrete Curb Ramps $ 8.00 $ 11,728.00 $ 2,856.00, 5 476 LF Reflective Pavement Marking TY 1 12" $ 6 .00 6 542 LF Reflective Pavement Marking TY 1 24" $ 11.00 $ 5,962.00 $ 1,631.00 $ 2,400.00 7 233 LF Eliminate or Obliterate Ext Pav Mrks $ 7.00 8 2 EA 2' Sidewalk Drain $ 1,200.00 TOTAL BID ITEM 1 -8 SUB TOTAL : $ 33,637.00 Park Road @ SH 361 and Whitecap —132— TOTAL $ 64,353.00 EXHIBIT "C" Page 3 of 3 PROJECT BUDGET ADA RAMP AND SIDEWALK IMPROVEMENTS FOR STREET OVERLAYS - CLUSTERS 1, 2, 3 & 4 PROJECT NOS. 6481, 6482, 6483 & 6484 January 12, 2010 FUNDS AVAILABLE: Tax Notes 2008 (Construction Contract & Change Order No. 2) $1,311,545.00 Bond 2008 Streets (Change Order No. 2).. $33,637.00 Storm Water CIP (Change Order No. 1) $18,090.00 $1,363,272.00 FUNDS REQUIRED: Construction (Ram -Bro Contracting, Inc.) Original Construction Contract - $500,885.00 Change Order No. 1 - $18,090.00 Change Order No. 2 - $64,353.00 $583,328.00 Contingencies (10 %) 58,333.00 AJE Consultants: CRG- $62,400; LNV: $111,370 173,770.00 Testing 7,500.00 Reimbursements........ 43,750.00 Misc. (Printing, Advertising, etc) 2,500.00 Total $869,181.00 FUNDS REMAINING: $494,091.00 EXHIBIT "D" Page 1 of 1 \ Mproject \councilexhibits \exh 6481 C01. DWG LOCATION MAP NOT TO SCALE CITY PROJECT # 6481, 6482, 6483, 6484 EXHIBIT WE ADA RAMPS AND SIDEWALK IMPROVEMENTS FOR STREET OVERLAYS CLUSTERS 1, 2130 4 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -14 -2009 15 AGENDA MEMORANDUM DATE: January 12, 2010 SUBJECT: ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points Project No. 6300 / CIP No. ST 03 BOND ISSUE 2004 CHANGE ORDER NO.4 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $81,297.92, for a total restated fee of $2,920,986.26, for concrete box culverts along Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) ISSUE: The proposed Change Order No.4 provides for replacement of two existing 6' x 4' concrete box culverts that were constructed in the early 1940's and are severely deteriorated. The existing reinforced concrete boxes which cross under Staples Street are below the planned ADA improvements and, therefore, were not included in the original project. During the construction phase it was determined the condition of the concrete box culverts warrant immediate replacement. The boxes will be replaced with two new 36 -inch reinforced concrete pipes (RCP) and new curb inlets on both sides of South Staples Street (which are all sized appropriately for current drainage conditions and to allow the storm water to dissipate faster). The proposed work will require temporary lane closures and street pavement restoration. All work will be closely coordinated to minimize impacts to transportation and businesses located along Staples Street. The city's contractor, SLC Construction, L. P., is on -site and familiar with the condition and location of the existing boxes, so it is in the best interest of the City to have SLC Construction, L. P. perform the installation of the new RCP and curb inlets during construction of the current contract. FUNDING: Funding is available from the FY 2009 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of th Motion as presented. ,-.4---"i Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Project Budget Exhibit "E" Location Map —137— H:\HOME\VeImaP \GEN\STREET6300 \CHANGE ORDER NO. 412 AGENDA MEMO.doc Pete Anaya, P.E., Director of Engineering Services 361/826-3781 petean(c�cctexas.com BACKGROUND INFORMATION SUBJECT: ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points Project No. 6300 / CIP No. ST 03 BOND ISSUE 2004 CHANGE ORDER NO. 4 CHANGE ORDER NO. 4: The proposed change order provides improvements that include replacing the two 6' x 4' boxes with two 36 -inch reinforced concrete pipe (RCP), replacing a curb inlet and grate inlet with two new upgraded curb inlets, one on each side of Staples Street, extending existing 15 -inch and 30 -inch RCP to a new junction box to keep the connection to the existing system which flows into this system and repairing pavement associated with this work. This work will require temporary lane closures in the area of the work. The original ADA project was primarily a surface pedestrian accessibility project which only included curb and gutter, storm water inlets, sidewalks, pavement, and utilities that needed to be adjusted. The area drainage and drainage system improvements were not included in this project. PROJECT DESCRIPTION: This Bond Issue 2004 voter- approved project implements part of the Americans with Disabilities (ADA) transition plan approved by the Mayor's Committee for Persons with Disabilities and City Council. Improvements provide for construction of ADA curb ramps in areas where street construction projects are not planned and address areas of greatest need for pedestrian street accessibility. This project is part of the Metropolitan Planning Organization (MPO) Transportation Improvement Program. CONTRACT TERMS: The construction contract is increased by $81,297.92; all other provisions of the contract remain unchanged. PROJECT BACKGROUND: This project is part of the City's effort to comply with the ADA requirements. The project was identified and prioritized with the Mayor's Committee for Disabilities and coordinated with TXDOT and Regional Transit Authority to maximize resources. The project was included under the Bond Issue 2004 ADA Improvements City - Wide and in the FY 2009 CIP. This project is part of the $95 million Bond Issue 2004 package approved by voters on Tuesday, November 2, 2004. The projects are funded from ad valorem property taxes (a General Obligation Bond Issue) in Street Improvements, Public Health and Safety Projects, Public Facility Improvements, Parks and Recreation /Museum Improvements and the Bayfront Master Plan Project. The projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. The program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the Americans with Disabilities Act (ADA). —138— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points Project No. 6300 / CIP No. ST 03 BOND ISSUE 2004 CHANGE ORDER NO. 4 PRIOR COUNCIL ACTION: 1. April 17, 2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $100,168 with Russell - Veteto Engineering Inc. for sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) (Motion No. M2001 -141) 2. June 19, 2001 - Resolution authorizing the City Manager, or his designee, to execute a master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024478) 3. August 28, 2001 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024555) 4. November 10, 2004 — Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 5. January 18, 2005 - Resolution authorizing the City Manager, or his designee, to execute an advance funding agreement with the Texas Department of Transportation (TXDOT) in the amount of $23,000 for construction of barrier -free ADA accessibility ramps at multiple locations on Staples Street from Leopard to Six Points. (Resolution No. 026109) 6. March 8, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Martinez, Guy and Maybik in the amount of $141,500 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for design, bid and construction phase services. (Motion No. 2005 -079) 7 December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) —139— H:\ HOME \Ve &maP\GEN\STREET\6300\CHANGE ORDER NO. 4\4 PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 1 of 3 January 20, 2009 - Ordinance appropriating $1,600,000 of anticipated revenues from the Texas Department of Transportation in the No. 3544 Street 2007A CIP Fund for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points project; changing the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $1,600,000; and declaring an emergency. (Ordinance No. 028028) 9. January 20, 2009 - Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $2,826,066.92 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. (Motion No. M2009 -015) 10. January 27, 2009 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advance Funding Agreement for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37 in the amount of $13,200, made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi. (Resolution No. 028034) 11. January 27, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Martinez, Guy & Maybik from Corpus Christi, Texas in the amount of $395,383, for a total re- stated fee of $578,603 for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37. (Motion No. M2009 -022) PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 — Distribution of Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 — Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000- 08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. June 11, 2003 — Administrative approval of Amendment No. 1 to the engineering services contract in the amount of $11,590 with Russell - Veteto Engineering Inc. for a total restated fee of $111,758 for sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) 5. June 23, 2004 — Administrative approval of Amendment No. 2 to the engineering services contract in the amount of $750 with Russell - Veteto Engineering Inc. for a total restated fee of $112,508 for additional services associated with the sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) —140— EXHIBIT "B" Page 2of3 6. June 25, 2004 — Letter to Pat Veteto, P.E., of Russell - Veteto Engineering Inc. informing him that the City was electing to not proceed with the Staples Street segment of the sidewalk accessibility improvements project through his company. 7 October 12, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $41,720 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for additional storm water design work. 8. August 10, 2009 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $3,270 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for additional right -of -way acquisition survey work. 9. September 28, 2009 — Administrative approval of Change Order No. 1 with SLC Construction, LP, of Conroe, Texas in the amount of $4,545.25 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 10. October 30, 2009 — Administrative approval of Change Order No. 2 with SLC Construction, LP, of Conroe, Texas in the amount of $2,617.86 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 11. December 10, 2009 — Administrative approval of Change Order No. 3 with SLC Construction, LP, of Conroe, Texas in the amount of $6,458.31 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. —141— rr Arrinmc rinr EXHIBIT "B" Page 3 of 3 PROJECT: APPROVED: CONTRACTOR: DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET January 12, 2010 ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points Project No. 6300 / CIP No. ST 03 BOND ISSUE 2004 City Council Motion No. 2009 -015 on January 20, 2009 SLC Construction, L. P. P. O. Box 639 Conroe, TX 77305 TOTAL CONTRACT AMOUNT $2,826,066.92 Motion No. M2009 -015 25% Limit Amount $706,516.73 Change Order No. 1 (September 28, 2009) $4,545.25 Administrative Approval Change Order No. 2 (October 30, 2009) $2,617.86 Administrative Approval Change Order No. 3 (December 10, 2009) $6,458.31 Administrative Approval Change Order No. 4 (January 12, 2010) $81,297.92 Motion No. M2010- ) TOTAL All Change Orders $94,919.34 3.36% < 25% —142— EXHIBIT "C" Page 1 of 1 ADA ACCESSIBILITY RAMPS STAPLES STREET FROM LEOPARD STREET TO SIX POINTS (PROJECT NO. 6300) PROJECT BUDGET FUNDS AVAILABLE: Street...... $1,779,920.44 TXDOT Reimbursement.............. 1,600,000.00 Storm Water............ 317,687.04 Water.......................... ..... ...... ..... .... ................. ..... ............. ...... ........ 273, 661.44 Wastewater 6,600.00 Total.................. ...... ......... ...... ......... . ..... .............. ..... ....... ....... .......... ...... $3,977,868.92 FUNDS REQUIRED: Construction Street... ... ...... .......... ....... . $2,237,194.61 Storm Water................................... ..... ••• ••• • ........ •• • • •• •• ..... • 403,530.21 Wastewater ..................... 6,600.00 Water. 273,661.44 Total Construction $2,920,986.26 Contingencies 187,686.66 Consultant (Martinez, Guy, Maybik) 581,873.00 Consultant (RVE, Inc.) ................................................... ............................... 112,508.00 Testing. 32,975.00 Reimbursements. 116,840.00 Misc. (Printing, Advertising, etc.)...... 25,000.00 Total........................................................................... ............................... $3,977,868.92 -143- EXHIBIT "D" Page 1 of 1 File : \Mproject \councilexh \6300c.dwg STAPLES STREET FROM LEOPARD STREET TO SIX POINTS —144— CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01 -12 -2010 WNW MIN UMW WM Mr MIR 16 AGENDA MEMORANDUM COUNCIL ACTION DATE: January 12, 2010 AGENDA ITEM: a. Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with William B. Miller, Jr. dba Del Mar Distributing Co., Inc. in the amount of $72,862, plus $1,300 in closing costs for the purchase of fee simple property rights for Parcel 1, containing 13,499 square feet of commercial property on Yorktown Boulevard between S. Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project, ( #6464), Bond 2008, and for other municipal purposes. b. Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Cloudcroft Land Ventures, Inc. in the amount of $84,962, plus $1,350 in closing costs for the purchase of fee simple property rights for Parcel 3, containing 12,873 square feet of commercial property on Yorktown Boulevard between S. Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project, ( #6464), Bond 2008, and for other municipal purposes. ISSUE: This Bond 2008 street project consists of street and utility improvements along Yorktown Boulevard from South Staples Street to Cimarron Boulevard. Four parcel of street right -of -way are needed for widening the street to a uniform width of 130 feet. To date, City Land Acquisition staff has acquired three of the parcels through negotiations. Parcel 4, containing 4,411 square feet and appraising for $38,300, was acquired for the amount of $40,000 on November 30, 2009. The owners of the subject Parcels 1 and 3 have since executed Real Estate Sales Contracts for the parcels. Parcel 2 is still in negotiation. Land acquisition expenditures exceeding $50,000 require City Council approval. FUNDING: Streets (Bond 2008) 550701 - 3546- 00000- 170321; $160,474 total Parcel 1: $74,162 ($72,862 land + $1,300 closing costs) Parcel 3: $86,312 ($84,962 land + $1,350 closing costs) RECOMMENDATION: Staff recommends approval of the motion as presented. Pedro Anaya, P. E. Director of Engineering Services petean(a,cctexas.com Attachments: Exhibit A. Background Information Exhibit B. Parcel Map Exhibit C. Contract Summary H: \HOME\EUSEBIOG\GEN\Agenda Items \Yorktown Blvd. Bond 2008.Miller.Cloudcroft\Agenda Memorandum.doc —147— AGENDA BACKGROUND INFORMATION SUBJECT: Yorktown Blvd. Street Improvements, S. Staples to Cimarron (Bond 2008) Right -of -Way Acquisition of Parcels 1 and 3 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. March 24, 2009: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $999,871 for Yorktown Boulevard — Staples to Cimarron for design, bid and construction phase services. (Bond 2008) (Motion No. 2009 -066) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held a Bond election to consider a number of ballot propositions to fund major capital improvements for the community. The November election was held jointly with Nueces County and coincided with the Presidential Election. One of the Bond projects included Yorktown Boulevard between S. Staples Street and Cimarron Boulevard. This section is currently a rural unimproved two -lane roadway with roadside drainage ditches. This project will consist of the reconstruction and widening of the existing two -lane roadway to a four - lane divided urban arterial street with bicycle lanes, including curb and gutter, driveways, storm water improvements, water improvements, and pedestrian improvements in accordance with ADA requirements and Texas Accessibility Standards (TAS). EXHIBIT A Page 1 of 2 —148— The engineering firm of Freese & Nichols, Inc. was contracted to design the widening and reconstruction. They have identified four parcels of land required for widening the street to a uniform 130 foot width. Parcel descriptions were received from Freese & Nichols and were subsequently appraised. Compensation offers were made to the landowners and negotiations commenced. Three of the parcels have since been negotiated and offers have been accepted. Two of the offers exceed the $50,000 expenditure limit and require City Council approval. PARCEL DESCRIPTIONS: Parcel 1: This twenty -five foot (25') wide parcel contains 13,499 square feet (.310 acres) of commercial land and is located approximately 880 feet northwest of Annemasse Street as shown on the attached Exhibit B. The parcel was appraised by American Appraisers, Inc. in the amount of $72,862 or $5.30 per square foot. The landowner, William B. Miller, Jr. dba Del Mar Distributing Co., accepted the City's offer and has signed a Real Estate Sales Contract for the appraised amount. A summary of the contract is attached as Exhibit C. At the request of the landowner, this sales contract will be closed at San Jacinto Title Company, 5926 S. Staples. Parcel 3: This twenty -five foot (25') wide parcel contains 12,873 square feet (.296 acres) of commercial land and is located at the intersection of Annemasse Street and Yorktown as shown on the attached Exhibit B. The parcel was appraised by American Appraisers, Inc. in the amount of $84,962 or $6.60 per square foot. The higher per unit value is attributed to its corner location. The landowner, Richard P. Hessee, dba Cloudcroft Land Ventures, Inc., accepted the City's offer and signed a Real Estate Sales Contract for the appraised amount. A summary of the contract is attached as Exhibit C. At the request of the landowner, this sales contract will be closed at Security Escrow & Title, LLC, located at 5325 Saratoga Boulevard. H: \HOME \EUSEBIOG \GEN\Agenda Items \Yorktown Blvd. Bond 2008.Miller.Cloudcroft\Agenda Background.doc —149— EXHIBIT A Page 2of2 File : \Mproject \councilexhibits\ — "h6464.dwg YORKTOWN BLVD. STAPLES- CIMARRON PROJECT #6464 PARCELS 1 & 3 -150- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -21 -2009 UMW OM IOW WM Contract Summary Parcel 1: This Contract is entered into by William B. Miller Jr. dba Del Mar Distributing of 6000 Yorktown Boulevard, Corpus Christi, Nueces County, Texas 78414 ( "Seller") and the City of Corpus Christi, a Texas home rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469 -9277 ( "Buyer "). Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: A tract of land containing .310 acres (13,499 square feet) out of a 47.307 acre tract of land conveyed to Del Mar Distributing Company, Inc. by document recorded in Volume 1660, Page 98 of the Deed Records of Nueces County, Texas and by document recorded in Volume 1660, Page 107 of the Deed Records of Nueces County, Texas and conveyed to William B. Miller, Jr. by Quitclaim Deed recorded in Volume 2013, Page 907 of the Deed Records of Nueces County, Texas also being out of Lot 12, Section 10 of the Flour Bluff & Encinal Farm & Garden Tracts recorded in Volume A, Pages 41-43 of the Map and Plat Records of Nueces County, Texas. ( "Premises "). 2. Purchase Price - $72,862 for fee simple rights to the above described Premises. 3. Seller to provide a title insurance policy at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. Buyer will pay all closing costs except costs to cure title, which must be paid by Seller. 5. All taxes to be paid by Seller, up to and including 2009. Taxes for 2010 will be prorated to the date of closing and paid for by Seller. 6. Buyer agrees to deposit $1,000 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Transaction to be closed on or before 60 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until —151— EXHIBIT C Page 1 of 4 approved by the City Council and signed by the City Manager or designee within 30 days of the contract date. 9. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Buyer shall have 30 days from the effective date of the contract to perform due diligence studies on the property. Buyer can cancel the contract and receive back the Earnest Money in the event Buyer finds the property to be unacceptable for any reason. 11. Seller is responsible for payment of any and all broker's fees and commissions incurred in connection with the sale of the property. 12. At closing, the property will be conveyed free of the rights of possession of any third parties. 13. Seller makes the following representations and warranties: a. Seller has the absolute and unrestricted right, power, and authority to execute and deliver this contract and the documents to be executed and delivered by Seller in connection with the closing of the transaction. b. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the property. c. Seller has no knowledge that the property contains Hazardous Materials, contains any underground storage tanks, or is not in full compliance with all Environmental Laws. d. Seller has full and complete fee simple title to the property, subject only to liens and encumbrances, if any, disclosed on the title commitment or survey to be furnished to Buyer. e. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the property. f. Seller has not received notice from any governmental agency regarding the Seller's or Property's non - compliance with applicable laws, ordinances, regulations, statutes, rules, and restrictions relating to the property. 14. The sale of the property is without minerals. 15. Time if of the essence in closing this transaction. 16. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. This Real Estate Sales Contract may be executed in counterparts and each shall have the effect of the original. —152— EXHIBIT C Parcel 3: This Contract is entered into by Cloudcroft Land Ventures, Inc. of 14493 SPID, Suite A, Corpus Christi, Nueces County, Texas 78414 ( "Seller") and the City of Corpus Christi, a Texas home rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469 -9277 ( "Buyer"). Terms: 1. Seller for the consideration and under the terms set out in the contract agrees to convey to Buyer the following described property: A tract of land containing .296 acres (12,873 square feet) being out of a tract of land conveyed to Cloudcroft Land Ventures, Inc., by document recorded in Document No. 2001039485 of the Official Records of Nueces County, Texas; also out of Lots 10 and 11, Section 10 of the Flour Bluff & Encinal Farm & Garden Tracts document recorded in Volume A, Pages 41- 43 of the Map and Plat Records of Nueces County, Texas. ( "Premises "). 2. Purchase Price - $84,962 for fee simple rights to the above described Premises. 3. Seller to provide a title insurance policy at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. Buyer will pay all closing costs except costs to cure title, which must be paid by Seller. 5. All taxes to be paid by Seller, up to and including 2009. Taxes for 2010 will be prorated to the date of closing and paid for by Seller. 6. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7 Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Transaction to be closed on or before 60 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager or designee within 30 days of the contract date. 9. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Buyer shall have 30 days from the effective date of the contract to perform due diligence studies on the property. Buyer can cancel the contract and receive back —153— EXHIBIT C Page 3of4 the Earnest Money in the event Buyer finds the property to be unacceptable for any reason. 11. Seller is responsible for payment of any and all broker's fees and commissions incurred in connection with the sale of the property. 12. At closing, the property will be conveyed free of the rights of possession of any third parties. 13. Seller makes the following representations and warranties: g. Seller has the absolute and unrestricted right, power, and authority to execute and deliver this contract and the documents to be executed and delivered by Seller in connection with the closing of the transaction. h. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the property. Seller has no knowledge that the property contains Hazardous Materials, contains any underground storage tanks, or is not in full compliance with all Environmental Laws. j. Seller has full and complete fee simple title to the property, subject only to liens and encumbrances, if any, disclosed on the title commitment or survey to be fumished to Buyer. k. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the property. Seller has not received notice from any governmental agency regarding the Seller's or Property's non - compliance with applicable laws, ordinances, regulations, statutes, rules, and restrictions relating to the property. 14. The sale of the property is without minerals. 15. Time if of the essence in closing this transaction. 16. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. This Real Estate Sales Contract may be executed in counterparts and each shall have the effect of the original. H: \HOME \EUSEBIOG \GEN\Agenda Items \Yorktown Blvd. Bond 2008.Miller.Cloudcroft\Contract Summary.doc —154— EXHIBIT C 17 AGENDA MEMORANDUM City Council Action Date: January 12, 2010 SUBJECT: Highway 2444 (Staples Street) from Saratoga Boulevard to Oso Creek Bridge (Project No. E09081) TXDOT Staples Median Project CIP No. ST 27 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute all documents necessary to enter into two agreements with the Texas Department of Transportation [(1) an Agreement for Right -of -Way Procurement and (2) an Agreement to Contribute Local Funds] for a total amount of One Hundred Thousand Dollars ($100,000.00) in participation funding costs to the City, to acquire certain rights -of -way necessary to make highway improvements to FM 2444 (Staples Street) from Saratoga Boulevard to Oso Creek Bridge (Bond 2004). ISSUE: The Texas Department of Transportation (TXDOT) has designed and developed the proposed project in anticipation of stimulus funding which requires a letting date of May 2010, by which all parcels must be acquired. TXDOT has provided the boundary survey and metes and bounds descriptions, including a parcel map, for a total of 49 parcels. TXDOT has requested the assistance of the City in acquiring these parcels due to the limited time frame and resources available. This project includes a cost sharing of 90% (State) /10% (City) of all eligible acquisition costs, as per the agreement, regardless of our participation in parcel acquisition. The shared acquisition responsibility is solely for the purpose of expediting the project in a timely manner so the project will be eligible for the stimulus funding. FUNDING: Funding is available from the Bond Issue 2004 Capital Improvements Program FY 2009 -2010. RECOMMENDATION: Staff recommends approval of the Resolution as presented. Pete Anaya, P.E., Director of Engineering Services 826 -3781 petean(a�cctexas.com Additional Exhibit "A" Exhibit "B Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Actions Resolution Location Map Agreement - ROW Procurement Agreement - Contribute Local Funds —157— unu../- 1...,otr_currenrcncTnai Pc MFOIAN PROJECT FROM SARATOGA TO OSO CREEK BRIDGE k2 AGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: Highway 2444 (Staples Street) from Saratoga Boulevard to Oso Creek Bridge (Project No. E09081) TXDOT Staples Median Project CIP No. ST 27 PROJECT DESCRIPTION: The proposed project includes parcel acquisition for a Texas Department of Transportation (TXDOT) median project on FM 2444 (Staples Street) from Saratoga Boulevard to Oso Creek Bridge which includes constructing medians and access management elements, adding right turn lanes at some of the intersections, adding lane width at intersections (loons) for U -turn maneuvers, milling and overlaying the entire pavement width between the project limits, and upgrading curb ramps and sidewalks for compliance with current Texas Accessibility Standards. This median project requires a total of 49 parcels to be acquired, 14 of which have previously been dedicated to the City for street right -of -way during the platting process. The 14 City parcels must be deeded to the State in Fee Simple Absolute which will require the City to take responsibility for acquiring fee title and deeding that ownership to the State for the 14 City parcels. The State will take responsibility for the remaining parcel acquisitions from private land owners. Combining the City and State resources will enable TXDOT to move this project forward and take advantage of the stimulus funding which has a letting (bidding) date of no later than May 2010. This median project is 90% reimbursable by the State for all costs incurred by the City during acquisition of the 14 City parcels and the City is responsible for 10% of all costs incurred by the State during acquisition of the remaining parcels. The shared acquisition responsibility is solely for the purpose of expediting the project in a timely manner so the project can be eligible for the stimulus funding. —158— EXHIBIT "A" Paae 1 of 1 PRIOR ACTIONS SUBJECT: Highway 2444 (Staples Street) from Saratoga Boulevard to Oso Creek Bridge (Project No. E09081) TXDOT Staples Median Project CIP No. ST 27 COUNCIL ACTIONS: 1. December 15, 2009 — Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) ADMINISTRATIVE ACTIONS: None —159— EXHIBIT "B" Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ENTER INTO TWO AGREEMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION [(1) AN AGREEMENT FOR RIGHT -OF -WAY PROCUREMENT AND (2) AN AGREEMENT TO CONTRIBUTE LOCAL FUNDS] FOR A TOTAL AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN PARTICIPATION FUNDING COSTS TO THE CITY, TO ACQUIRE CERTAIN RIGHTS -OF -WAY NECESSARY TO MAKE HIGHWAY IMPROVEMENTS TO FM 2444 (STAPLES STREET) FROM SARATOGA BOULEVARD TO OSO CREEK BRIDGE (BOND 2004). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute all documents necessary to enter into agreements with the Texas Department of Transportation [(1) an Agreement for Right -of -Way Procurement, and (2) an Agreement to Contribute Local Funds] for a total amount of One Hundred Thousand Dollars ($100,000.00) in participation funding costs to the City, to acquire certain rights -of -way necessary to make highway improvements to FM 2444 (Staples Street), from Saratoga Boulevard to Oso Creek Bridge (Bond 2004). SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: 29- Dec -09 Veronica Ocanas Assistant City Attorney for City Attorney u•�I cr_ nlow......:. .n \1 ckIPN1 Joe Adame Mayor —160— A n C Al n A 1 T C AA Q \1(1 \11')111 D...... A.....- ..__...a- a_ n.__..__ rein. a ._ day of ,2010. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott —161 - H: \LEG- DIR \VeronicaO \1.ENG \1 AGENDA ITEM S \10 \11210 Reso Agreements to Procure ROW & to File : \Mproject \councilexh \6464.dwg YORKTOWN BOULEVARD - STAPLES TO CIMARRON (BOND 2008) -162- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -29 -2009 Form ROW -RM -37 Replaces Form ROW -RM -37 and ROW -RM -38 (Rev. 4/2006) GSD -EPC Page 1 of 4 CONTRACTUAL AGREEMENT FOR RIGHT OF WAY PROCUREMENT - LOCAL GOVERNMENT County: Nueces District: Corpus Christi Federal Project No: N/A ROW CSJ No: 2343 -01 -034 Highway: FM 2444 CONST. CSJ No: 2343 -01 -031 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, Texas, acting by and through its duly authorized official pursuant to an Ordinance or Order dated the day of , 2010, hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has deemed it necessary to make certain highway improvements, on Highway No. FM 2444 from on Staples St. from Saratoga Blvd. to Oso Creek Bridge, and which section of highway improvements will necessitate the acquisition of certain right of way; and WHEREAS, it is agreed such right of way purchase shall be a joint effort of the State and the Local Government; WHEREAS, the Local Government requests that the State assume responsibility for acquisition of a portion of the necessary right of way and adjustment of all utilities for said highway project; and The acquisition of right of way PARCELS will be a joint effort, as follows: The State will acquire Parcels 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 35, 36, 37, 38, 40, 41, 44, 45, 46, and 47; The City of Corpus Christi will acquire Parcels 1, 5, 7, 14, 15, 22, 27, 28, 34, 39, 42, 43, 48, and 49. The State will also be responsible for any additional future parcels that may be needed for the completion of this project; and NOW, THEREFORE be it agreed that acquisition of such right of way shall be in accordance with the terms of this agreement and in accordance with the Texas Department of Transportation Right of Way Manual, the Real ;Estate Acquisition Guide for Local Public Agencies, and all applicable Federal and State laws governing the acquisition policies for acquiring real property. The State hereby authorizes and requests the Local Government to proceed with acquisition ofthe parcels the Local Government nuzst.acquire under this agreement, and the State agrees to reimburse the Local Government for its share of the cost of such right of way, providing such acquisition and reimbursement are accomplished according to the provisions outlined herein and agreed to by both parties hereto. Location Surveys and Preparation of Right of Way Data: The State, without cost to the Local Government, will do the necessary preliminary engineering and title investigation in order to supply to the Local Government the data and instruments necessary to obtain acceptable title to the desired right of way. Determination of Right of Way Values: For the parcels the Local Government must acquire under this agreement, the Local Government agrees to make a determination of property values for each right of way parcel they will acquire by methods acceptable to the State and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate Local Government representative. Such tabulations shall List the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values. Such work will be performed by the Local Government at its expense without cost participation by the State. The State will review the data submitted and may base its reimbursement on the values which are determined by this review. The State, however, reserves the right to perform at its own expense any additional investigation deemed necessary, including supplemental appraisal work by State employees or by employment of fee appraisers, all as may be necessary for determination of values to constitute the basis for State reimbursement. If at any stage of the project development it is determined by mutual agreement between the State and Local Government that there -163- EXHIBIT "E" Pa•e1 of 4 Form ROW -RM -37 (Rev. 4/2006) Page 2 of 4 FM 2444 CCSJ: 2343 -01 -031 RCSJ: 2343 -01 -034 should be waived the requirement that the Local Government submit to the State property value determinations for any part of the required right of way, the Local Government will make appropriate written notice to the State of such waiver, such notice to be acknowledged in writing by the State. In instances of such waiver, the State by its due processes and at its own expense will make a determination of values to constitute the basis for State reimbursement. Negotiations: For the parcels the Local Government must acquire under this agreement , the State will notify the Local Government as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of Local Government without participation bythe. State; however, the Local Government will notify the State immediately prior to closing the transaction so that a current title investigation may be shade to determine if there has been any change in the title. The Local Government will deliver properly executed instruments of conveyance which, together with any curative instruments found to be necessary as a result of the State's title investigation, will properly vest good and indefeasible title lathe State for each .right of way parcel involved. The Local Government will also deliver to the State an owner's policy of title insurance for each parcel, except as otherwise specifically approved by the 'State. Upon payment to the property owner of the agreed purchase price, the Local Government is authorized and directed to secure for the State possession of each parcel in accordance with all applicable Federal and State laws governing relocation assistance, notices to vacate and forcible detainer. The costs incidental to negotiation, recording the right of way instnrments, and securing possession oldie parcels will be the responsibility of the Local Government. The cost of title insurance, closing services and all costs of relocation assistance as authorized by applicable Federal and State laws will be the responsibility of the State. Administrative Settlements: For the parcels the Local Government must acquire tinder this agreement, after the offer has been delivered to the property owner, and prior to the Commissioners' Hearing, the property owner may deliver one written counteroffer ("Administrative Settlement Proposer') to the Local Government The Local' Government will evaluate the Administrative Settlement Proposal and make a recommendation of approval or dlsapproval to the State the the State's appropriate District Office. The District Office will then submit the Administrative Settler ent Proposal, together with the Local Government and District recommendations, to the State Right of Way Division office for :fmal approval in accordance with current State procedures. The State's approval of the Administrative Settlement Proposal' is only for purposes of closing the purchase of tlx property prior to the Special Commissioners' Hearing. In the event a closing of the purchase ed oes not occur prior to the hearing, the State's approval is automatically, without further action, withdrawn, and the State will participate only in the original approved value. In the event the State does not approve the Administrative Settlement Proposal, and the Local: Government elects to purchase the property at value. greater' than the original .approved value, the State's participation in the purchase price will apply only to the original approved value, and the Local Government will one hundred percent (100%) of the costs which exceed the .original approved value, even if the applicable county qualifies as an economically disadvantaged county. Condemnation: For the-patrols :.theLocal Government must acquire must under this agreement, condenmation proceedings will be initiated at a time selected by the Local Government and will be the Local Government's tesponaibiIityat its own expense except as hereinafter indicated. The Local Government will obtain from the State without cost current title information and engineering data at the time condemnation is to be initiated. Except as hereinafter set forth the Local Government will currently file condemnation proceedings and a notice of pendeas for each case in the name of flee State, and in each case so filed the judgment of the court will decree title and possession to the property condemned to the State. The Local Government may, as set forth herein under "Excess Takings'' and where it is determined to be necessary, enter condemnation proceedings in its own name. Property acquired in the Local Government's name for the State must comply with requirements set forth in the engineering data and title investigation previously furnished to the Local Government by the State at such time as the Local Government conveys said property to the State. Court Costs, Costs of Special Commissioners' Hearings and Appraisal Expense: For the parcels the Local Government must acquire under this agreement, court costs and costs of Special Commissioners' hearings assessed against the State or Local Government in condemnation proceedings conducted on behalf of the State and fees incident thereto will be paid by the Local Government. Such costs and fees, with the exception of recording fees, will be eligible for ninety percent (90%) State reimbursement under the established reimbursement procedure provided such costs and fees are eligible for payment by the State under existing law. Where the Local Government uses the State's appraisers employed on a fee basis in Special Commissioners' Hearings or subsequent appeals, the cost of the appraiser for updating the report, for preparing new reports, preparing for court testimony and appearing in court to testify in support of the appraisal will be paid direct by the Local -164- EXHIBIT "E" Form ROW -RM -37 (Rev. 4/2006) Page 3 of 4 FM 2444 CCSI: 2343 -01 -031 RCSJ: 2343 -01 -034 Government, but will be eligible for ninety percent (90 %) State reimbursement under established procedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the Local Government shall be in accordance with the fee schedule set forth in the appraiser's contract for appraisal services with the State. Excess Takings: For the parcels the Local Government must acquire under this agreement, in the event the Local Government desires to acquire land in excess of that requested by the State for right of way purposes, the State's cost participation will be limited to the property needed for its purposes. If the Local Government elects to acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding, the property involved will be acquired in the name of the Local Government and that portion requested by the State for right of way will be separately conveyed to the State by the Local Government. When acquired by negotiation, the State's participation will be based on the State's approved value of that part of property requested for right of purposes, provided that such approved value does not exceed actual payment made by the Local Government. When acquired by condemnation, the State's participation will be in the proportionate part of the final judgment amount computed on the basis of the relationship of the State's approved value to the State's predetermined value for the whole property. Improvements: For the parcels the Local Government must acquire under this agreement, property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the right of way taking. In anticipation of the owner desiring to retain improvements, the State's approved value will include the amounts by which the upper limit of State participation will be reduced for the retention. Itis further agreed that the upper limit for the State's participation in the Local Government's cost for an improved parcel will be reduced as shown in the State's approved value where the owner retains an improvement which is to be moved by either the Local Government or the owner. In the event improvements which are, in whole or part, a part of the right of way taking are not retained by the owner, title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar structure which lies outside the right of way cannot be reconstructed adequately or there is nothing but salvage left, provided that the State's value is established on this basis and provided that title to the entire structure is taken in the name of the State. The State shall dispose of all improvements acquired. The net revenue derived by the State from the disposition of any improvements sold through the General Services Commission will be credited to the cost of the right of way procured and shared with the Local Government. Relocation of Utilities: For the parcels the Local Government must acquire under this agreement, if the required right of way encroaches upon an existing utility located on its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the utility facility, the State will establish the necessity for the utility work, and assume responsibility for adjustment of utilities for said highway project. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement. The term "utility" under this agreement shall include publicly, privately and cooperatively owned utilities. Fencing Requirements: For the parcels the Local Government must acquire under this amt, the Local Government may pay the property owner for existing right of way fen based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be included in the recommended value and the approved value. Reimbursement For the parcels the Local Government must acquire under this atgeement, the State will reimburse the Local Government for right of way acquired after the date of this agreement in amount not to exceed ninety percent (90 %) of the cost of the right of way acquired in accordance with the terms and provisions of this agreement. The State's reimbursement will be in the amount of ninety percent (90 %) of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. All requests by the Local Government for reimbursement shall comply with the then current reimbursement submission requirements set forth in the Texas Department of Transportation Right of Way Manual. If condemnation is necessary and title is taken as set forth herein under the section entitled "Condemnation ", the participation by the State shall be based on the final judgment, conditioned upon the State having been notified in writing prior to the -165- EXHIBIT "E" Pam* 3 of 4 Form ROW -RM -37 (Rev. 4/2006) Page 4 of 4 FM 2444 CCSJ: 2343 -01 -031 RCSJ: 2343 -01 -034 filing of such suit and upon prompt notice being given as to all action taken therein. The State shall have the right to become a party to the suit at any time for all purposes, including the right of appeal at any stage of the proceedings. All other items of cost shall be borne by the State and the Local Government as provided in other sections of this agreement. Inspection of Books and Records: For the parcels the Local Government must acquire under this agreement , the Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental, records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. General: For the parcels the Local Government must acquire under this agreement, it is understood that the terms of this agreement shall apply to new right of way authorized and requested by the State which is needed and not vet dedicated in use or previously acquired in the name of the State or Local Government for highway, street or road purposes. This agreement shall also apply, with regard to any existing right of way, to outstanding property interests not previously acquired and to eligible utility adjustments not previously made, as authorized and requested by the State. It is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such unusual circumstances or problems will be resolved by mutual agreement between the State and the Local Government. LOCAL GOVERNMENT EXECUTION RECOMMENDED: By: Title: Date: -166- District Engineer, Corpus Christi District THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of .activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Director, Right of Way Division Date: EXHIBIT "E" Form ROW -RM -129 Replaces Form ROW -RM -129 and ROW -RM -130 (Rev. 6/2006) GSD -EPC Page 1 oft AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT City: City of Corpus Christi District: Corpus Christi Federal Project No: N/A ROW CSJ No: 2343 -01 -034 Highway: FM 2444 Const.CSJ No: 2343 -01 -031 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the day of 2009, hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way and adjust utilities for a highway project on Highway No. FM 2444 with the following project limits: On Staples St. From Saratoga Blvd. To Oso Creek Bridge, and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of a portion of the necessary right of way and adjustment of all utilities for said highway project; and The acquisition of :right of way PARCELS will be a joint effort,_ as follows: The State will acquire Parcels 2, 3, 4, 6, 8, 9, 10, 11,12,13, 16, 17, 18, 19, 20, -21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 35, 36, 37, 38, 40, 41, 44, 45, 46, and 47; The City of Corpus Christi will acquire Parcels 1, 5, 7, 14, 15, 22, 27, 28, 34, 39, 42, 43, 48, and 49. The State will also be responsible for any additional future parcels that may be needed for the completion of this project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 TAC, § 15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government shall contribute to the State an amount equal to ten percent (10 %) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check in the amount of One Hundred Thousand and No /100 Dollars ($100,000.00), which represents ten percent (10%) of One Million and No /100 Dollars (1,000,000.00), the estimated total cost of the right of way to be acquired by the State and all of the compensable utilities. If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or adjustment of eligible utilities. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. Upon completion of the highway project and in the -167- EXHIBIT "F" Patin 1 of 2 Form ROW -RM -129 FM 2444 Page 2 of 2 RCSJ: 2343 -01 -034 event the total amount as paid by the Local Government is more than ten percent (10 %) of the actual cost of the right of way, any excess amount will be retumed to the Local Government by the State, or upon written request of the Local Government, the excess amount may be applied to other State highway projects in which the Local Government is participating. In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive, including, but not Limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re- plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100 %) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive will be determined by the State at its sole discretion. The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds from the State .directly under this agreement or indirectly through a subcontract under this agreement. Acceptance offends directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. THE LOCAL GOVERNMENT By: Title: Date: -168- EXECUTION RECOMMENDED: District Engineer, Corpus Christi District Date: THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Right of Way Division Director Date: EXHIBIT "F" Form ROW -RM -37 Replaces Form ROW -RM -37 and ROW -RM -38 (Rev. 4, 2006) GSD -EPC Page I of 4 CONTRACTUAL AGREEMENT FOR RIGHT OF WAY PROCUREMENT - LOCAL GOVERNMENT County: Nueces District: Corpus Christi Federal Project No: N/A ROW CSJ No: 2343 -01 -034 Highway: FM 2444 CONST. CSJ No: 2343 -01 -031 This Agreement by and between the State of acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, Texas, acting by and through its duly authorized official pursuant to an Ordinance or Order dated the day of , 2010, hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of State. WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. FM 2444 from on Staples St. from Saratoga Blvd. to Oso Creek Bridge, and which section of highway improvements will necessitate the acquisition of certain right of way; and WHEREAS, it is agreed such right of way purchase shall be a joint effort of the State and the Local Government; WHEREAS, the Local Government requests that the State assume responsibility for acquisition of a portion of the necessary right of way and adjustment of all utilities for said highway project; and The acquisition of right of way PARCELS will be a joint effort, as follows: The State will acquire Parcels 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 35, 36, 37, 38, 40, 41, 44, 45, 46, and 47; The City of Corpus Christi will acquire Parcels 1, 5, 7, 14, 15, 22, 27, 28, 34, 39, 42, 43, 48, and 49. The State will also be responsible for any additional future parcels that may be needed for the completion of this project; and NOW, THEREFORE be it agreed that acquisition of such right of way shall be in accordance with the terms of this agreement and in accordance with the Texas Department of Transportation Right of Way Manual, the Real. Estate Acquisition Guide for Local Public Agencies, and all applicable Federal and State laws governing the acquisition policies for acquiring real property. The State hereby authorizes and requests the Local Government to proceed with acquisition ofthe parcels the Local Government must acquire under this agreement, and the State agrees to reimburse the Local Government for its share of the cost of such right of way, providing such acquisition and reimbursement are accomplished according to the provisions outlined herein and agreed to by both parties hereto. Location Surveys and Preparation of Right of Way Data: The State, without cost to the Local Government, will do the necessary preliminary engineering and title investigation in order to supply to the Local Government the data and instruments necessary to obtain acceptable title to the desired right of way. Determination of Right of Way Values: For the parcels the Local Government must tacqui re under this agreement, the Local Government agrees to make a determination of property values for each right of way parcel they will acquire by methods acceptable to the State and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate Local Government representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values. Such work will be performed by the Local Government at its expense without cost participation by the State. The State will review the data submitted and may base its reimbursement on the values which are determined by this review. The State, however, reserves the right to perform at its own expense any additional investigation deemed necessary, including supplemental appraisal work by State employees or by employment of fee appraisers, all as may be necessary for determination of values to constitute the basis for State reimbursement. If at any stage of the project development it is determined by mutual agreement between the State and Local Government that there -169- Form ROW -RM -37 (Rev. 4/2006) Page 2 of 4 FM 2444 CCSJ: 2343 -01 -031 RCSJ: 2343 -01 -034 should be waived the requirement that the Local Government submit to the State property value determinations for any part of the required right of way, the Local Government will make appropriate written notice to the State of such waiver, such notice to be acknowledged in writing by the State. In instances of such waiver, the State by its due processes and at its own expense will make a determination of values to constitute the basis for State reimbursement. Negotiations: For the parcels the Local Government must acquire under this agreement , the State will notify the Local Government as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the Local Government without participation by the State; however, the Local Government will notify the State immediately prior to closing the transaction so that a current title investigation may be made to determine if there has been any change in the title. The Local Government will deliver properly executed instruments of conveyance which, together with any curative instruments found to be necessary as a result of the State's title investigation, will properly vest good and indefeasible title in the State for each right of way parcel involved. The Local Government will also deliver to the State an owner's policy of title insurance for each parcel, accept as otherwise specifically improved* the:State. Upon payment to the property owner of the agreed purchase price, the Local Government is authorized and :directed to secure for the State possession of each parcel in accordance with all applicable Federal and State laws governing relocation assistance, notices to vacate and forcible detainer. The costs incidental to negotiation, recording the right way instruments, and securing possession of the parcels will be the responsibility of the Local Government. The cost of title insurance, closing services and all costs of relocation assistance as authorized by applicable Federal and State laws will be the responsibility of the State. Administrative Settlements: For the parcels the Local Government must acquire under this agent, after the offer has been delivered to the property owner, and prior to the Commissioners' Hearing, the property owner may deliver one written counteroffer ( "Administrative Settlement Proposal) to the Local Government The LocaI'Government will evaluate the Administrative Settlement Proposal and make a recommendation of approval or chsapprovid to the Staie`througkthe State's appropriate - District Office. The District Office will then submit the Administrative Settlement Proposal, together with the Local Government and District recommendation's, to the State Right of office for furl rovai in accordance with current State procedures. The State's approval of the Administrative Settlement Proposal is only for purposes of closing the purchase of the property prior to the Special Commissioners' Hearing. In the event a closing of the purchase does not occur prior to the hearing, the State's approval is automatically, without further action, withdrawn, and the Sine will participate only in the original approved value. In the event the State does not approve the Administrative Settlement Proposal, and the Local. Government elects to purchase the property at a value greater than the original .approved value, the State's participation in the purchase price will apply only to the original approved value, and the Local Government will pay one hundred :percent (100%) of the costs which exceed the original, approved value, even if the applicable county qualifies as an economically disadvantaged county. Condemnation: For the parcels the Local Government must acquire under this agreement, condemnation proceedings will be initiated at a time selected by the Local Government and will be the eLocal Governs it's responsibility at its own expense except as hereinafter indicated. The Local Government will obtain from the State without cost current title information and engineering dat*at the tine condemnation is to be initiated. Except as hereinafter set forth the Local Government will concurrently file condemnation proceedings and a notice oflis pendens for each case in the name of the State, and in each case so filed the judgment of the court will decree title and possession to the property condemned to the State. The Local Government may, as set forth herein under "Excess Takings" and where it is determined to be necessary, enter condemnation proceedings in its own name. Property acquired in the Local Government's name for the State must comply with requirements set forth in the engineering data and title investigation previously furnished to the Local Government by the State at such time as the Local Government conveys said property to the State. Court Costs, Costs of Special Commissioners' Hearings and Appraisal Expense: For the parcels the Local Government must acquire under ia:agreement, court costa and costs of Special Commissioners' hearings assessed against the State or Local Government in condemnation proceedings conducted on behalf of the State and fees incident thereto will be paid by the Local Government. Such costs and fees, with the exception of recording fees, will be eligible for ninety percent (90%) State reimbursement under the established reimbursement procedure provided such costs and fees are eligible for payment by the State under existing law. Where the Local Government uses the State's appraisers employed on a fee basis in Special Commissioners' Hearings or subsequent appeals, the cost of the appraiser for updating the report, for preparing new reports, preparing for court testimony and appearing in court to testify in support of the appraisal will be paid direct by the Local -170- Form ROW -RM -37 (Rev 4/2006) Page 3 of 4 FM 2444 CCSJ: 2343 -01 -031 RCSJ: 2343 -01 -034 Government, but will be eligible for ninety percent (90%) State reimbursement under established procedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the Local Government shall be in accordance with the fee schedule set forth in the appraiser's contract for appraisal services with the State. Excess Takings: For the parcels the Local Government must acquire under this agreement, in the event the Local Government desires to acquire land in excess of that requested by the State for right of way purposes, the State's cost participation will be limited to the property needed for its purposes. If the Local Government elects to acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domainprocceding, the property involved will be acquired in the name of the Local Government and that portion requested by the State for right of way ill be separately con to the State by the Local Government. When acquired by won, the State's Y �p�m Y participation will be based on the State's approved value of that part of the property requested for right of way purposes, provided that such approved value does not exceed actual payment made by the Local Government. When acquired by condemnation, the State's participation will be in the proportionate part of final judgment :amount computed on the basis of the relationship of the State's approved value to the State's predetermined value for the whole property. Improvements: For the parcels the Local Government must acquire under this amt, property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the right of way taking. In anticipation of the owner desiring to retain improvements, the State's approved value will include the ammmts by which the upper limit of State participation wilt be reduced for the retention. It is further 'agreed that the upper limit for the State's participation in the Local Government's cost for an improved parcel will be reduced as shown in the State's approved value where the owner retains an improvement which is to be moved by either the Cereal Government or the owner. In the event improvements which are, in whole or part, a part of the right of way taking are not retained by the owner, title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of house, building or similar structure which lies outside the right of way cannot be reconstructed adequately or there is nothing but salvage left, provided that the State's value is established on this basis and provided that title to the entire structure is taken in the name of the State. The State shall dispose of all improvements acquired. The net revenue derived by the State nom the disposition of any improvements sold through the General Services Commission will be credited to the cost of the right of way procured and shared with the Local Government. Relocation of Utilities: For the rcelsthe Local Government must acquire under this agreement, if the required right of way encroaches upon an existing utility located on its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the utility facility, the State will establish the necessity sor the utility work, and assume responsibility for adjustment of utilities for said highway project. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement The term "utility" under this agreement shall include publicly, privately and cooperatively owned utilities. Fencing Requirements: For the parcels the Local Government must acquire under this agreement, the Local Government may pay the property owner for existing right of way fences based on the value such fences contribute to the part taken and damages for an unfenced. condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be included in the recommended value and the approved value. Reimbursement: For the parcels the Local Government mustacquire under this agreement, the State will reimburse the Local Government for right of way acquired after the date of this agreement in amount not to exceed ninety percent (90%) of the cost of the right of way acquired in accordance with the terms and provisions of this agreement. The State's reimbursement will be in the amount of ninety percent (90 %) of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. All requests by the Local Government for reimbursement shall comply with the then current reimbursement submission requirements set forth in the Texas Department of Transportation Right of Way Manual. If condemnation is necessary and title is taken as set forth herein under the section entitled "Condemnation ", the participation by the State shall be based on the final judgment, conditioned upon the State having been notified in writing prior to the -171- Form ROW -RM -37 (Rev. 4/2006) Page 4 of 4 FM 2444 CCSJ: 2343 -01 -031 RCSJ: 2343 -01 -034 filing of such suit and upon prompt notice being given as to all action taken therein. The State shall have the right to become a party to the suit at any time for all purposes, including the right of appeal at any stage of the proceedings. All other items of cost shall be borne by the State and the Local Government as provided in other sections of this agreement. Inspection of Books and Records: For the parcels the Local Government must acquire under this agreement , the Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally: funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an auditor investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. General: For the parcels the Local Government must acquire under this agreement, it is understood that the terms of this agreement shall apply to new right of way authorized and requested by the State which is needed and not yet dedicated in use or previously acquired in the name of the State or Local Government for highway, street or road purposes. This agreement shall also apply, with regard to any existing right of way, to outstanding property interests not previously acquired and to eligible utility adjustments not previously made, as authorized and: requested by the State. It is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such unusual circumstances or problems will be resolved by mutual agreement between the State and the Local Government. LOCAL GOVERNMENT EXECUTION RECOMMENDED: By: Title: Date: -172- District Engineer, Corpus Christi District THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Director, Right of Way Division Date: ea, Traminnotlay Fonn ROW -RM -129 Replaces Form ROW -RM -129 and ROW -RM -130 (Rev. 6/2006) GSD -EPC Page 1 of 2 AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT City: City of Corpus Christi District: Corpus Christi Federal Project No: N/A ROW CSJ No: 2343 -01 -034 Highway: FM 2444 Const.CSJ No: 2343 -01 -031 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the day of 2009, hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way and adjust utilities for a highway project on Highway No. FM 2444 with the following project limits: On Staples St. From Saratoga Blvd. To Oso Creek Bridge, and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of a portion of the necessary right of way and adjustment of all utilities for said highway project; and The acquisition of right of way PARCELS will be a joint effort, as follows: The State will acquire Parcels 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 35, 36, 37, 38, 40, 41, 44, 45, 46, and 47; The City of Corpus Christi will acquire Parcels 1, 5, 7, 14, 15, 22, 27, 28, 34, 39, 42, 43, 48, and 49. The State will also be responsible for any additional future parcels that may be needed for the completion of this project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 TAC, §15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government shall contribute to the State an amount equal to ten percent (10 %) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check in the amount of One Hundred Thousand and No /100 Dollars (S100,000.00), which represents ten percent (10 %) of One Million and No /100 Dollars (1,000,000.00), the estimated total cost of the right of way to be acquired by the State and all of the compensable utilities. If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or adjustment of eligible utilities. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. Upon completion of the highway project and in the -173- Form ROW -RM -129 FM 2444 Page 2 of 2 RCSJ: 2343 -01 -034 event the total amount as paid by the Local Government is more than ten percent (10 %) of the actual cost of the right of way, any excess amount will be retumed to the Local Government by the State, or upon written request of the Local Government, the excess amount may be applied to other State highway projects in which the Local Government is participating. In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re- plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100 %) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive will be determined by the State at its sole discretion. The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the goventtrtental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds, from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract_ under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct; an audit_ or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. THE LOCAL GOVERNMENT EXECUTION RECOMMENDED: By: District Engineer, Corpus Christi District Title: Date: Date: -174- THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Right of Way Division Director Date: 18 AGENDA MEMORANDUM City Council Action Date: January 12, 2010 SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008) Landscaping Improvements Project (Project No. 64641 CIP No. Bond 2008 ST 03) AGENDA ITEM:, Resolution authorizing the City Manager or his designee to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $1,353,868.00 for Yorktown Boulevard — Staples to Cimarron (Bond 2008) Landscaping Improvements Project, with a City match of $338,467.00 in the No. 3546 Street GO CIP Fund (Bond 2008), and a total construction cost of $1,692,335.00. ISSUE: The Landscaping Improvements Project is part of the Yorktown Boulevard Street Reconstruction project from Staples Street to Cimarron Boulevard. This landscaping project will provide for the landscaping of the median dividing the four -lane arterial street, resulting in driver safety, driver confidence, economic growth, city pride, beautification, enhancement of the quality of life, and environmental improvements to the area by the addition of trees and green space as well as a better ride quality by limiting the timing movements. The City is requesting funding for this project from the Texas Department of Transportation —Transportation Enhancement Program to utilize the opportunity for additional funding. FUNDING: Funding for the City match is available from the Streets Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the resolution as presented. Valle Gray, P. Di = r of Street an r Storm Water Services 361426 -1875 valerieg@cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Resolution Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean©cctexas. com Vacation Bird- Staples b Ci"o"a WuUcn 'WOW AGENDA 1AEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008) Landscaping Improvement Project (Project No. 6464 / CIP No. Bond 2008 ST 03) PROJECT DESCRIPTION: The section of Yorktown Boulevard between South Staples Street and Cimarron Boulevard is currently a rural unimproved two -lane roadway with roadside drainage ditches. Yorktown Boulevard improvements will consist of the reconstruction and widening of the existing two -lane roadway to a four -lane divided urban arterial street with bicycle lanes, including curb and gutter, driveways, storm water improvements, water improvements, and pedestrian improvements in accordance with ADA requirements and Texas Accessibility Standards (TAS). Left-turn lanes will be provided at designated locations. Associated improvements such as off -site storm water improvements, pavement markings and signage, street lighting (by AEP), and provisions for temporary traffic controls during construction will also be included. TRANSPORTATION ENHANCEMENT PROGRAM: The Transportation Enhancement Program is administered by the Texas Department of Transportation (TXDOT) and provides opportunities for non - traditional transportation activities. Projects must go above and beyond standard transportation activities and be integrated into the surrounding environment in a sensitive and creative manner that contributes to the livelihood of the community, promotes the quality of the environment and enhances the aesthetics of the roadways. Projects undertaken with enhancement funds are eligible for reimbursement of up to 80 percent of allowable costs. YORKTOWN BOULEVARD — STAPLES TO CIMARRON (BOND 2008) LANDSCAPING IMPROVEMENTS: This project is part of the roadway widening project. The landscaped median consists of a forty foot grassy bermed section. The median will have shrubs, trees and irrigation which are designed using xeriscape methodology and coastal plants to minimize maintenance needs. All plantings will be under a drip irrigation system. The project also includes decorative paving in the medians and along the medians. In the open boulevard space will be elevated decorative block walls with the plantings at various berm heights to provide interesting character to the median and make the drive calming and more pleasing. The design considers the aesthetics of the roadway and the necessary visual access locations so that commerce will be enhanced and not hampered. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community (Bond Issue 2008). The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and —178 - H:\HOME\KellvO\GEMSTREETS\6464- Yorktown Blvd- Staoles to Cimarron \Resolution- TxDOT\3 BACKGROUND.doc EXHIBIT "A" Page 1 of 2 Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —179— H: HOME\Ke11yO1GENtSTREETS16464- Yorktown Blvd- Staples to Cimarron\Resolution- Tx00113 BACKGROUND.doc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008) Landscaping Improvements Project (Project No. 6464 / CIP No. Bond 2008 ST 03) PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. March 24, 2009 — Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $999,871 for Yorktown Boulevard — Staples to Cimarron for design, bid and construction phase services. (Bond 2008) (M2009 -066) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. April 22, 2009 — Administrative approval of an agreement for Geotechnical Testing Services with Arias and Associates in the amount of $13,308.50 for Yorktown Boulevard — Staples to Cimarron. (Bond 2008) 5. November 22, 2009 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $48,500 for Yorktown Boulevard — Staples to Cimarron. (Bond 2008) —180— EXHIBIT "B" Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A NOMINATION FORM FOR THE TRANSPORTATION ENHANCEMENT PROGRAM TO THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $1,353,868.00 FOR YORKTOWN BOULEVARD, STAPLES TO CIMARRON (BOND 2008) LANDSCAPING IMPROVEMENTS PROJECT WITH A CITY MATCH OF $338,467.00 IN THE NO. 3546 STREET GO CIP FUND (BOND 2008), AND TOTAL CONSTRUCTION COST OF $1,692,335.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized submit a Nomination form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $1,353,868.00 for the Yorktown Boulevard, Staples to Cimarron (Bond 2008) Landscaping Improvements Project. The City commits to providing all applicable matching funds. The City further agrees to provide matching funds in the amount of $338,467.00. The matching funds for this grant are $338,467.00 in the No. 3546 Street GO CIP Fund (Bond 2008). The total construction cost is $1,692,335.00. A copy of the Certification of funds is attached as Exhibit 1. SECTION 2. The City Manager, or designee, is authorized to apply for, accept, reject, alter, or terminate the grant, if the grant is awarded to the City. SECTION 3. The City of Corpus Christi supports the funding for the project as shown on the attached project's projected budget, attached as Exhibit 2. SECTION 4. The City of Corpus Christi commits to the project's development, implementation, construction, maintenance, management and financing, subject to appropriation of funds. SECTION 5. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: 29- Dec -09 Veronica Ocanas Assistant City Attorney for City Attorney ,.,, rr. 111r1\\ r---- : - -/1l4 r■Irm —181— A n C AI f■ A 1 T C RA C \1(1 \1191n Delon Tronen Gnhonromonf Prnnrom rinr day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 19 Requested Council Action: 12/08/09 Alternate Date: 12/15/09 COUNCIL MEMORANDUM RECOMMENDATION: ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TWENTY -YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, A NOT - FOR - PROFIT CORPORATION, FOR USE OF CITY PROPERTY LOCATED AT 908 PARK AVENUE, CORPUS CHRISTI, TEXAS, TO OPERATE A YOUTH ATHLETIC BOXING PROGRAM, IN CONSIDERATION OF MONTHLY RENTAL PAYMENTS OF FIFTY DOLLARS ($50.00); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: Under the terms of its recently expired five -year lease agreement, the Corpus Christi Police Officers' Association (CCPOA) has occupied the facility at 908 Park Avenue where it has operated a free youth athletic/boxing program, which includes provision of related equipment at no cost to participants. Approximately 75 youth regularly participate in the program. The facility is approximately 70 years old. It is not on the national register of historic places, nor is it designated a state historic landmark. A Request for Proposals was issued on April 27, 2009 soliciting qualified proposers to lease the subject property. The City did not receive any proposals. Thus, the City entered into negotiations with the CCPOA. The result of which is the sole source lease agreement recommended herein. The lease agreement provides for the CCPOA to pay a nominal lease payment of $50 per month for the duration of the twenty-year lease agreement. The lease agreement also definitively delineates both the City's and the CCPOA' s maintenance responsibilities as follows: At the CCPOA's sole expense, the CCPOA shall maintain the exterior of the facility, to include, but not limited to: cleaning, painting, repairing light fixtures and, in general, keeping the exterior of the facility in good repair. The City shall be responsible for the maintenance of all grounds surrounding the facility, to include, but not limited to: shrubbery, flower beds, mowing and other gardening/landscaping related functions, unless any damage occasioned to the grounds surrounding the facility was caused, in the City's sole determination, by the CCPOA's negligence. The City shall be responsible for major repairs to the exterior of the facility, unless any damage occasioned to the exterior was caused, in the City's sole determination, by the CCPOA's negligence. If it is determined that the CCPOA's negligence caused any exterior damage, the CCPOA has a duty to remedy the damage to the satisfaction of the City. The City shall maintain the utility lines serving the facility. The CCPOA shall maintain the interior of the facility, to include, but not be limited to: cleaning, painting, keeping in good repair the plumbing and light fixtures and minor maintenance of the air conditioning system, including annual inspections and changing of air filters as recommended by the manufacturer /City (should one be installed during the term of this lease agreement). Any additional maintenance required to maintain the interior of the facility is the sole responsibility and expense of CCPOA. ael Barrera `'sistant Director of Financial Services 826 -3169 mikeb@cctexas.com —185— ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TWENTY -YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, A NOT - FOR- PROFIT CORPORATION, FOR USE OF CITY PROPERTY LOCATED AT 908 PARK AVENUE, CORPUS CHRISTI, TEXAS, TO OPERATE A YOUTH ATHLETIC BOXING PROGRAM, IN CONSIDERATION OF MONTHLY RENTAL PAYMENTS OF FIFTY DOLLARS ($50.00); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a twenty -year lease with the Corpus Christi Police Officers' Association, a not -for- profit corporation, for the use of city property located at 908 Park Avenue, Corpus Christi, Texas, to operate a youth athletic boxing program, in consideration of monthly rental payments of fifty dollars ($ 50.00). A copy of the contract shall be filed with the City Secretary. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. 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. This contract takes effect on the 61st day following City Council approval. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor Approved as to legal form: 30 -N 09 By: Veronica Ocanas Assistant City Attorney for City Attorney The foregoing ordinance was read for the first time and passed to its second reading on this the -- day of b lift , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sri Mark Scott Kevin Kieschnick The foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form:30- Nov -09 By: Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION STATE OF TEXAS 5 § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES 5 This lease agreement is entered into by and between the City of Corpus Christi (City), a Texas home -rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and the Corpus Christi Police Officers' Association (Lessee), acting through its duly authorized. WHEREAS, the City owns the Centennial Museum and corresponding real property on which same is located, all located at 908 Park Avenue (at South Bluff Park), Corpus Christi, Nueces County, Texas, together with all improvements on the Premises; WHEREAS, Lessee has requested the use of the Premises for the sole purpose of operating a youth athletic/boxing program for local and area youth ( "Program "), subject to the terms, conditions, and covenants contained in this Lease; and WHEREAS, the City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants contained in this lease, agree as follows: Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home -rule municipal corporation. City Manager means the City' s City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Department means the City's Parks & Recreation Department. [Director means the City's Director of Parks & Recreation or the Director of Parks & Recreation's designee.] [Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to pay rent to the City under the terms of this lease.] Lease means this document, including all attachments and exhibits that are incorporated by reference into this document. Lessee means the Corpus Christi Police Officers' Association. Premises means 908 Park Avenue (at South Bluff Park), Corpus Christi, Nueces County, Texas, together with all improvements located on the Premises. Regular hours of operation means: 8:00 a.m. through 5:00 p.m. Central Time, Monday through Friday. Risk Manager means the City' s Director of Risk Management or the Director of Risk Management's designee. [Sign means any signs, advertisements, notices or other lettering that are exhibited, inscribed, —188— painted, erected or affixed on or about the Premises, or any part of the Premises.] Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to use the Premises for the sole purpose of operating a youth athletic/boxing program. Lessee may not operate the Premises for any other purpose without the Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of twenty (20) years, unless sooner terminated under Section 25. This Lease commences (no sooner than the 60th day after the final Council approval) on January 1, 2010 and continues through December 31, 2029. Section 4. Option to Renew. The Lessee has the option to extend this lease for up to two additional five -year periods subject to the approval of the City Manager and subject to the same -terms and conditions as set out in this lease. Section 5. Holdover Period. a. After the expiration of this lease, the Lessee may continue to occupy the Premises, on a month -to -month tenancy, if the Lessee continues to pay the monthly rent required by this lease, and upon the same terms and conditions as set out in this lease. b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month -to -month tenancy with or without cause upon thirty (30) days written notice to Lessee. Section 6. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 7. Lease Payments. a. For and in consideration of the rights and privileges granted in this lease, Lessee agrees to pay the City a lease payment of Fifty Dollars and Zero Cents ($50.00) each month during the term of this lease. During the entire term of this lease, each monthly lease payment is payable on or before the 5th day of the month following the month to which said lease payment applies. During any Holdover Period that may occur, Leesee shall pay the City that lease payment due during the final month of the lease. b. Payments must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. 0. Box 9277, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 8. Delinquency and Default Regarding Lease Payments. a. Lessee is "delinquent" if the City has not received Lessee's monthly lease payment on or before 5:00 p.m. Central Time on the 5th day of the month following the month to which said lease payment applies. If the 5th day of the month falls on a weekend or holiday, the payment must be tendered on the first business day following the weekend or holiday. b. Lessee is in "default" for purposes of Section 25 of this Lease, if Lessee fails or refuses to pay' the amount due within five (5) days after the City has sent a written notice of delinquency to Lessee. -189- Section 9. Hours of Operation. The following are the hours of operation: 4:00 p.m. — 8:00 p.m. Monday through Friday and 12:00 p.m. — 6:00 p.m. Saturday and Sunday. Section 10. Alterations. a. Lessee may not make any alterations, additions or improvements to, in, on or about the Premises, without the prior written consent of the Director. Lessee must also obtain clearance from the Risk Manager as required by Section 24(e) of this Lease. b. All approved alterations, improvements and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any expiration, termination or cancellation of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by the removal. If items are installed in a manner as to become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the City. Section 11. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, including during any Holdover Period that may occur. Section 12. No Liens. Section 13. Sublease and Assignment. Lessee understands and agrees that Lessee may not sublease the Premises nor any part of this Premises without obtaining the prior written consent of the City. Lessee may not, in whole or in part, assign or transfer directly or indirectly this Lease without the prior written approval of the City. Section 14. Signs. a. Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about the Premises, or any part of this Lease, without the Director's prior written approval. b. The City may require Lessee to remove, repaint or repair any Signs allowed. If Lessee does not remove, repaint or repair the Signs within ten (30) days of Director's written demand, City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 15. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 16. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 17. Maintenance. a. The Lessee shall maintain the exterior of the Premises. The City shall be responsible for major repairs to the exterior of the Premises, subject to sufficient annual budget appropriations for repairs, unless any damage occasioned trhe exterior was caused, in the City's sole determination, by Lessee's negligence. If it is determined that Lessee's negligence caused any exterior damage during the term of this Lease and including during any Holdover Period, Lessee has a duty to remedy the damage to the satisfaction of the Director. It is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, including during any Holdover Period, the maintenance to include, but not be limited to: cleaning, painting, keeping in good repair the plumbing and light fixtures and minor maintenance of the air conditioning system, including annual inspections and changing of air filters as recommended by the manufacturer /City (should one be installed during the term of this lease). Any additional maintenance required to maintain the interior of the Premises, during the occupancy of Lessee, is the sole responsibility and expense of Lessee. Section 18. Furniture, Fixtures and Equipment. a. It is understood that Lessee is responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. b. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. Section 19. Utilities. a. It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision and expense of said service is the sole responsibility of the Lessee. b. During the term of this Lease and any Holdover Period, telephone service at the Premises, including any wiring requisite to the provision thereof, is the sole responsibility of and is at the sole expense of the Lessee. e. During the term of this Lease and any Holdover Period, electrical service at the Premises, including any wiring requisite to the provision thereof, is the sole responsibility of and is at the sole expense of the Lessee. f. During the term of this Lease and any Holdover Period, the provision of water and sewage service at the Premises, including any plumbing requisite to the provision thereof, is the sole responsibility of and is at the sole expense of the Lessee. g. Should Lessee require any modification to the provision of the utilities enumerated in this section or require any additional utility service not covered in this lease during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. h. Lessee shall pay for all utilities related to usage of Premises, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 20. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 17 or for any other purpose incidental to the City's retained rights of and in the Premises. Section 21. Director's Right to Access Premises in Emergency. a. Lessee shall provide the Director with keys to the Premises, and a current list of names and phone numbers, for use by the Director, in the event of an emergency. b. The Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. —191— Section 22. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 23. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor ") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representative, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claim, or property loss or damage of any other kind whatsoever, to the extent any injury, damage or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (I) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents or representatives or of lndemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim or action. Section 24. Insurance. a. Lessee shall secure and maintain, at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage set forth in Exhibit A, which is attached and incorporated in this Lease. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown in Exhibit A, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and —1 9 2- operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. Lessee shall, prior to any addition or alteration to, in, on or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 10(a) of this lease. Section 25. Default. a. The following events constitute default under this Lease: (1) Default in the payment of rent or other payments under this Lease. (2) Failure to pay utilities before the due date. (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. (5) Failure to maintain any insurance coverages required in this lease. (6) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (7) Failure to keep, perform and observe any other promises, covenants and conditions contained in this Lease. b. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, enter upon the Premises or any part of this Premises in the name of the whole and, upon the entry, this Lease terminates. Section 26. Enforcement Costs. In the event any legal action or proceeding is under taken by the City to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to in any other way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in the action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 27. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 28. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 29. Notice. a. All notices, demands, requests or replies provided for or permitted under this Lease by either -193- party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation If by United States Postal Service: P. O. Box 9277 Corpus Christi, Texas 78469 -9277 If by overnight express delivery: 1201 Leopard Street Corpus Christi, Texas 78401 If by fax transmission: 361-826-3864 IF TO LESSEE: Corpus ClIripti Police Off cers' Association Attn: M i�t4 L. Sf /tEr, Presa&&nt If by United States Postal Service: 3127. is If by overnight express delivery: 3tti Lbl1 rlt 4 tgrru4 Ciari9H .7$40$ If by fax transmission: 31/1— -$557 d. Either party may change the address to which notice is sent by using a method set out in subsection c of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 31. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint- venturers or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 32. Not for Benefit of Third - Parties. This Lease is only for the benefit of the City and Lessee, and no third -party has any rights or claims under this Lease or against the City. —194— Section 33. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 34. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 35. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any termination or expiration of this Lease. Section 36. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 37. Severability. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Lease or the application of this Lease 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 Lease, 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, will not be affected by the law or judgment, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word of this Lease be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected 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 Lease automatically. Section 38. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 39. Acknowledgment. The parties expressly agree that they have each independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the its'' day of #044466r ' 2001 . —195— LESSEE: By: Name: AA; olr►Ael 1... 014 Title: rr ' eeerti• STATE OF TEXAS § § COUNTY OF NUECES § Tr This instrument t was acknowledged before me on this the day of Ip1t,._ 20 03., by tin 10\04 I • �. 1e ■ [NAME], [TIT E], for the Corpus Christi Police Officers' Association, a Texas . ►- - 1^+ i 0 � TYPE ENTITY], on behalf o the Corpus Christi Police Officer ATTEST: ' Association. 141 JOSIE EVERETT Notary Public, State of Texas 14 My Commission Expires October 17, 2013 CITY OF CORPUS CHRISTI Armando Chapa City Secretary Not lic, Sta of Texas Angel R. Escobar, P.E. City Manager APPROVED AS TO LEGAL FORM: This day of 20 . Lisa Aguilar Interim City Attorney by: Veronica Ocafias Assistant City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 20_, by Angel R. Escobar, P.E., City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Attached and Incorporated: Exhibit A: Insurance Requirements Exhibit B: List of Equipment to be provided by Lessee —1 9 6— EXHIBIT B List of Equipment provided by Lessee Boxing Ring Boxing Bags (to include mounting equipment) Speed Bags (to include mounting equipments) Boxing Gloves Jump Ropes Head Gear Tread Mills Universal Weight Set Stationary Bike Time Clock Refrigerator -197- EXHIBIT A INSURANCE REQUIREMENTS A. Lessee must not commence work under this permit until all insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager or designee with 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, material change, non - renewal or termination is required on all certificates Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Food handlers Liability 6. Independent Contractors 7. Personal Injury — Advertising Injury $1,000,000 Combined Single Limit Automobile Liability — Owned, non -owned or Rented At a minimum, State required minimum limits of $25,000 per person / $50,000 per occurrence for Bodily Injury and $25,000 for Property Damage Property Insurance Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. Workers' Compensation Employers' Liability Which Complies With the Texas Workers' Compensation Act and this Section $500,000 C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. D. Lessee must obtain workers' compensation coverage through a licensed insurance company. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Lessee will be promptly met. —1 9 $— E. Certificate of Insurance: 1. The City of Corpus Christi must be named as an additional insured on the General Liability coverage, and a blanket waiver of subrogation in favor of the City of Corpus Christi is required on all applicable policies. 2. If your insurance company uses the standard ACORD form, the cancellation clause bottom right) must be amended by adding the wording "changed or" between `be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. 3. The name of the project must be listed under "Description of Operations ". 4. At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BID PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: ❑ YES EI NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: E ASIAN PACIFIC El BLACK E HISPANIC E NATIVE AMERICAN E WOMAN Please visit the following website for information on becoming a Certified HUB: http: / /www. window. state .tx.us /procurement /prop /hub/ YES, NO - LOCAL SMALL BUSINESS (LSB) A for -profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas DYES :T(.. NO OTHER (PLEASE SPECIFY): ® THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED THE ASTTAOTIISSTrICA AND TRACKING PURPOSES AND WILL NOT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- Firm Name Address: City: Cflu sG1riri4t route OtevAss' Ass'c; l'e/n 3122 tka ptrA Corrt4C66 h State: i}C Zip: 1006 - Signature of Person Auth rized to Sign Form Signer's Name: hiliGlial L,. (Please print or type) —200— Telephone: 31i1-02 -2 7 i2. Ext. Fax: E -mail: Date: Title: 3LI -90- 1,35i tepoa r ivitoi @ urvezt irle'ieroi:/ cm ,(. -io_ol pr�iit vlf City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. do i7u S Cif/r14; pot i 12OEEurs i ik sv, 312Z Lei &ra * - CrW ruts awiz,f COMPANY NAME: P. O. BOX: STREET ADDRESS: STATE: "j)(. FIRM IS: 1. Corporation EA 2. Partnership 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) ZIP: -340, 3. Sole Owner ❑ NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NA Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant iJA FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public m general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] -201- CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: /)j) L, Si"AEF Title: rye/5;0164- (Type or Print) Signature of Certifying Person: t t p Date: ,pO ^01 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. -202- 20 AGENDA MEMORANDUM City Council Action Date: January 12, 2010 SUBJECT: Greenwood Softball Complex Renovation (BOND ISSUE 2008) Project No. 3385 / CIP No. PR 15 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction of Ingleside, Texas, in the amount of $560,087.80 for the Greenwood Softball Complex Renovation for Phases I, Ill and IV. (Bond Issue 2008) B. Motion authorizing the City Manager or his designee to execute a Texas Buy Board Contract with Musco Sports Lighting, LLC, of Round Rock; Texas, in the amount of $601,800 for the Greenwood Softball Complex Renovation for Phase II. (Bond Issue 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Parks and Recreation. The project consists of several improvements to the Greenwood Softball Complex, including a new ADA- compliant restroom facility, new standing seam metal roof for the existing concession building and dug -outs, new sports field lighting and security lighting, new field fencing and regrading of two of the fields, new bleachers, a new parking lot on Columbia Parkway and other improvements. Three phases of the project (Phases I, III and IV) will be constructed by Garrett Construction. Phase II will be constructed by two contracting crews. Musco Sports Lighting, LLC will replace the lighting for all four fields with equipment purchased through the Texas Buy Board. Crews from the City's Parks and Recreation Department will construct all the other improvements to the softball fields, dugouts, and concession stand. This arrangement allows for cost savings and greater utilization of City crews. FUNDING: Funding is available from the Parks and Recreation 2009 General Obligation Fund. RECOMMENDATION: Staff recommends approval of the motions as presented. Stacie Talbert Interim Director of Parks & Recreation 826 -3476 stacietAcctexas. com Additional Support Material: Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean@cctexas.com Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Texas Buy Board Quote Exhibit "E" Project Budget Exhibit "F" Location Map H:\HOME \Rachelle \GEN\Parks & Recreation13385- Greenwood Softball RenovatualcCreaLoMAgenda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Greenwood Softball Complex Renovation (BOND ISSUE 2008) Project No. 3385 / CIP No. PR 15 PROJECT DESCRIPTION: The design and construction documents for the Greenwood Softball Complex Renovation project were prepared by CLK Architects & Associates Inc. The City Council approved an architectural services contract with the design firm on February 10, 2009 in the amount of $214,592. During, the design of this project, the consultant and City staff concluded that the project should be divided into four phases as follows: ➢ Phase I: All work necessary as shown on the construction documents for the construction of a new restroom facility, and a new standing seam metal roof for the existing concession building and dugouts. ➢ Phase II: Renovations to the softball fields and other appurtenances as follows: • All field fencing will be removed and replaced. New line posts, corner posts, top rail and fence wire will be installed on all four fields. • Two fields will be re- graded to re- establish the slope of the field for proper play and drainage. This will include new red dirt for the infields, sandy loam for the outfield as needed to establish grades and new sod for the outfields. • The dugout floors will be removed and new concrete dugout floors will be constructed. • Walkways and driveways inside the fenced areas of the fields will be removed and new concrete walks and drives will be installed to meet ADA requirements. • The existing wood bleachers will be removed and replaced with new aluminum bleachers. The old bleacher pads will be removed at the same time as the blacktop walkways and new pad areas will be included with the new concrete walkways so that all surfaces are at the same grade for better access. • The concession stand /scorekeeper box will be renovated. The old restrooms on the first floor will be removed. The walls will be removed to increase the floor area of the concession stands. The concession area will get new counter tops, repairs to the trim and doors, wall damage will be fixed and the whole area will be painted. The second floor will have the old flooring removed and a new tile floor installed. Repairs will be made to the floors, walls, ceiling and scorekeeper areas and the walls will be painted. • The irrigation systems will be renovated to improve the water coverage on the fields. • Additional trees and shrubs will be planted along the entrance walkways. • Replace the field lighting under separate contract with Musco Sports Lighting (see below). ➢ Phase III: All work necessary as shown on the construction documents for the construction of a new parking lot on Columbia Parkway. EXHIBIT "A" Page 1 of 2 H:1H0ME\Rachelle \GEMParks & Recreation13385- Greenwood Softball RenovatiordC0sBu _ tionWgenda Background.doc ➢ Phase IV: All work necessary as shown on the construction documents for asphalt overlay of the existing parking lots on the Greenwood Drive side of the softball complex and along Columbia Parkway. CLK Architects & Associates Inc. will be responsible for the construction observation services for all four phases of the Greenwood Softball Complex renovation project. CONSTRUCTION OF PHASES 1. III & IV: On December 2, 2009 the City received proposals from seven bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $560,087.80 to $1,362,264.00 for the total base bid. The estimated cost of construction is $641,308. The bid proposals included lump sum amounts for Phases I, III and IV and a deductive alternate for Phase IV to provide a seal coat to the existing parking areas on the Greenwood Drive side and Columbia Parkway in lieu of an asphalt overlay. After evaluation of the bids, City staff determined that there were sufficient funds in the budget to construct the asphalt overlay, which will provide for a longer service life of the parking lot. City staff and CLK Architects & Associates Inc. are recommending that the contract be awarded to Garrett Construction of Ingleside, Texas, in the amount of $560,087.80 for the Greenwood Softball Complex Renovation for Phases I, III and IV. CONSTRUCTION OF PHASE 11: The field lighting under Phase II will be purchased and installed under a separate contract with Musco Sports Lighting, LLC in the amount of $601,800. The Texas Buy Board Contract with Musco Sports Lighting, LLC was coordinated with the City's Purchasing Department. All of the other improvements under Phase II will be constructed by Parks and Recreation Department personnel under the Greenwood Softball Complex Interdepartmental Agreement between the Engineering Services Department and Parks and Recreation Department in the amount of $634,300.20. CONTRACT TERMS: The construction of Phases I, III and IV by Garrett Construction is estimated to require 180 calendar days, with completion anticipated in August 2010. The construction of Phase II by the City Parks and Recreation Department is estimated to require 270 calendar days, with completion anticipated in October 2010. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A" Page 2 of 2 H:IHOME\Rarhelle \GEN \Parks & Recreation13385- Greenwood Softball RenovatiootJf ctiontAgenda Background.doc PRIOR PROJECT ACTIONS SUBJECT: Greenwood Softball Complex Renovation (BOND ISSUE 2008) Project No. 3385 / CIP No. PR 15 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. February 10, 2009 - Motion authorizing the City Manager or his designee to execute an architectural services contract with CLK Architects & Associates, Inc. in the amount of $214,592 for the Greenwood Softball Complex Project for design, bid and construction phase services. (Bond Issue 2008) 4. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide`in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. February 4, 2009 — Administrative approval of an Agreement for Geotechnical Services with Rock Engineering and Testing Laboratory Inc. in the amount of $3,100 for the Greenwood Softball Complex Renovation. 5. March 31, 2009 - Administrative approval of Amendment No. 1 to the Agreement for Geotechnical Services with Rock Engineering and Testing Laboratory Inc. in the amount of $0 for a total restated fee of $3,100 for the Greenwood Softball Complex Renovation for a revised scope description. co u. 0 z 0 J G7 W 0 w z_ w w z_ 5 z co re 0 a 0 0 0 0 CO (0 o CU CO o 63 0 Gi C) c� C .O W a) Q a) E c_O W a) (0 CD 0 a) 0) a) c .0) C W 4- 0 0 0 ui d ai a) < O a) CV a) N n. a) mE 03 N CO .0 a) N 13 5 CO Barcom Commercial 5826 Beal Lake Lane Corpus Christi, TX 78405 1 AMOUNT 0 o o o 0 N 4) 0 0 o 0 ai N m 4) $174,000.00 0 o 0 0 t0 di 0 0 0 0 0 4) 0 o 00 0 co W 1 UNIT PRICE 00 o o V N 43 0 o o a) fA 0 0 0 4) 00 0 0 0 ri 0 4) Teal Construction 1150 IH 37 Corpus Christi, TX 78407 F Z Om 2 Q :0 z :O 0 z a CO z 00 00 0 m 46 00 00 CO f 00 0 0) CO 4> UNIT PRICE m o z v Co o z v m o z 0 0 m° 0 t- AMOUNT $271,300.00 $158,300.00 00 CD 0 10 N (0 4f 00 O 0 N N 0) (q 4f 00 0 0 0 0) 0 43 00 0 0 tV e0 ((7 (0 46 Maltby I 1030 E. Kingsville UNIT PRICE O O 0 n N 4) O o M (00 0 (a 43 0 d (0 (o 4i O O 0 a1 (o 4) F 2 Q $275,579.45 $149,548.25 0 0) r) 41 400 0 (0 W 0 0 07 4i $522,987.80 1 Garrett Co P.O. IN Ingleside, UNIT PRICE $275,579.45 II0 $149,548.25 d (o 0) rs 46 0 0 0 N 1) GREENWOOD SOFTBALL COMPLEX PHASES I, III, & IV PROJECT NO. 3385 J J (/) Ot) J TOTAL BASE BID LESS DEDUCTIVE ALTERNATE PHASE IV o ' u CO W en a Fumish all work necessary as shown on construction documents for the construction of new restroom facility, new standing seam metal roof for the existing concession building and dugouts. w en Q a Furnish all work necessary as shown on construction documents for the construction of new parking lot on Columbia Parkway. (PHASE IV Furnish all work necessary as shown on construction documents for asphalt overlay of existing parking lots on Greenwood side of complex and along Columbia Parkway. TOTAL BASE BID - PHA DEDUCTIVE ALTERNATE PHASE IV Provide seal coat to existing parking areas on Greenwood side and Columbia Parkway in lieu of asphalt overlay, -209- Note: Teal Construction Company did not break out their proposal by Phase I, III and IV and only submitted a Total Base Bid. mN M ca r � W � U O To .2 W cI) . E cU 0o o W o E W U_ W z W — W m Z O Z Z W O 1 F- .1 m 1--• m c 0) O a) U •2 u- O u) U m a) c 0) c W 9— 0 0 O W n: T N p) < 0 a) N N N- O- u. a .0 CO E N w _El • 9 .0 ai H w y c3 F1 m Waychoff Construction 4920 Bear Lane Corpus Christi, TX 78405 1 AMOUNT 0 0 0c (0 co 69 $355,435.00 0 0 co 7- co 0 0 (0 N N (0 ")- w $12,894.00 $1,349,370.00 I UNIT PRICE o o o v 0 (0 co c0 03 $355,435.00 $371,189.00 0 o v 0) 0 N (9 Salinas Construction 3734 FM 3006 Pleasanton, TX 78064 1 AMOUNT o o u) o N. N (0 CV 69 $231,598.76 $178,548.74 O (0 (V 0) N h (0 N O N N co C7 0) 49 O O O (00 0) (o CD W UNIT PRICE O o 0) (- N (0 N 69 $231,598.76 $178,548.74 0 in cco N 0) 0) 69 1 AMOUNT $258,219.00 o (D r v 07; (9 O ((00 r- 0) N C`4 69 O ((0 v_ 0) (0 w O N co 0) CO 69 $585,839.00 AM 4818 C Ingleside, UNIT PRICE $258,219.00 0 O cli 1- v O 6 0 O ((00 n N 4 0 0 N cc) co GREENWOOD SOFTBALL COMPLEX PHASES I, III, & IV PROJECT NO. 3385 ~ Z C N _! (1) J 0 J TOTAL BASE BID - PHASES 1, III 8 IV 0) J TOTAL BASE BID LESS DEDUCTIVE ALTERNATE PHASE IV a W V) Q ate. Furnish all work necessary as shown on construction documents for the construction of new restroom facility, new standing seam metal roof for the existing concession building and dugouts. w (1) Q a Fumish all work necessary as shown on construction documents for the construction of new parking lot on Columbia Parkway. IPHASE IV Furnish all work necessary as shown on construction documents for asphalt overlay of existing parking lots on Greenwood side of complex and along Columbia Parkway. (DEDUCTIVE ALTERNATE PHASE IV Provide seal coat to existing parking areas on Greenwood side and Columbia Parkway in lieu of asphalt overlay. -210- EXHIBIT "C" pane 2 of 2 Corpus Christi Lighting Improvements Quote/Technical Specifications Date: December 29, 2009 Submitted To: City of Corpus Christi Buy Board Quote This Scope/Technical Specification represents the agreement between Musco Sports Lighting, LLC. ( "Contractor ") and City of Corpus Christi ( "C.C. ") for the design, procurement and installation of ball field lighting at Greenwood Sports Complex. "CONTRACTOR" shall provide and install the improvements on a pole in the air basis for the lump sum price as defined below. The terms of the agreement are as follows: 1. "CONTRACTOR" is approved by the Texas State Purchasing Cooperative (BuyBoard), under BuyBoard Agreement # 269 -07, Vendor ID #528, and has met all the competitive bidding requirements as listed under State Law. 2. As per the contract requirements from the City of Corpus Christi, we will comply with all stipulations in the special and general provisions. 3. The scope of work shall be as defined in the proposal. This CONTRACT includes the following as well as the attached full scope of work: a. Installation and per drawings — including unloading and pole assembly /standing of new equipment. Includes electrical and running of branch circuits. Please see the attached scope of work b. Supply and install lighting contactor cabinets with control and monitoring assemblies in the electrical room. c. Foundation designs d. Pricing furnished is effective through 2/1/10 unless otherwise noted and is considered confidential. Divulging technical or pricing information to competitive vendors will result in removal from the bid list. e. Material audit of all fixtures. f. All necessary materials. g. Installation labor. Musco Sports Lighting, LLC Page 1 of 5 —211— h. Supervision. i. Clean -up and test. j. Liability and Workmen's Compensation Insurance and Davis Bacon Wages. k. Davis and Bacon Wage Determinations will be applied. 1. Service after the installation to ensure the upgrade operates according specifications. 4. "CONTRACTOR" Warranties for "New Light and Ballast Fixtures" are: a. Installation workmanship 1 Year b. Lamps & Ballast 25 Years or 10,000 hours per warranty 5. "CONTRACTOR" shall conduct a pre - installation meeting with "C.C.'s" Representatives prior to the start of installation. All aspects of the project shall be documented, including contracts, reporting, installation schedules, security procedures, waste disposal and equipment. 6. "CONTRACTOR" will be responsible for security of storage area for material and tools. 7. "CONTRACTOR" will follow all local, state, federal codes. In addition, the contractor will follow NEC and ASTM's applicable for all work. 8. Any work change orders (additions or subtractions) to the CONTRACT and/or work schedules are to be submitted in writing and approved by the "C.C.'s" Engineering Department and "CONTRACTOR ". This is beyond any scope of work already addressed. 9. "CONTRACTOR" AND "C.C." shall conduct a facility inspection upon completion of each field. A Notice of Acceptance shall be authorized by the "C.C." upon approval of the completed fields. 10. The payment due to "CONTRACTOR" under this CONTRACT AGREEMENT is $601,800 11. Request Payment Terms of Net 30 days from date of invoice for monthly progress payments. a. Late payment will be subject to service charges of 1 '/2% per month (18% APR) b. Musco will coordinate shipment so that delivery corresponds with the customer's payment schedule. We will expect payment within the terms described above unless there is a written statement from Musco's corporate headquarters stating the acceptance of different terms. c. Delivery to the job site from the time of order, submittal, approval, and confirmation of order details including voltage and phase, pole locations is approximately 30-45 days. 12. Work Schedule: "CONTRACTOR" shall commence work within 10 days from the written Notice to Proceed. The "CONTRACTOR" will have complete access to all fields for 120 calendar days. Therefore, the "CONTRACTOR" will complete installation work on all baseball and kickball fields within 30 days of the notice to proceed date. If the total time of 120 days or the 14 calendar days per Musco Sports Lighting, LLC Page 2 of 5 -212- I EXHIBIT `D" 1 field after this time frame, there are liquidated damages per the special provisions. These timeframes are contingent based on weather conditions. 13. If any dispute regarding the project occurs, The "C.C." has final authority on resolution with regards to payments and suspension of work. 14. Here is what the "C.C." can expect: a. Energy savings of more than 50% over a standard lighting system b. 50% less spill and glare light than Musco's prior industry leading technology c. Musco Constant 25TM warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years, including labor and materials d. Guaranteed constant light level of 50 foot- candles infield/30 foot - candles outfield on all ball fields for 25 years, +/- 10% per IESNA RP -06 -01 e. One (1) group re -lamp at the end of the lamps' rated life, 5000 hours f. Control Link® Control & Monitoring System for flexible control and solid management of your lighting system g. Lighting Contactors sized for appropriate voltage /phasing available at field sites h. All Agreements are contingent upon strikes or delays beyond "CONTRACTOR" control. Musco Sports Lighting, LLC Page 3 of 5 -213- IEXHIBIT "D" I Page 3 of 5 Site Specifications Equipment Description — Greenwood Sports Complex Fields (4 total) Light - Structure GreenTM System delivered to your site in Five Easy PiecesTM • 16 - Pre -cast concrete bases • 16 - Galvanized steel poles • UL Listed remote electrical component enclosure • Pole length wire harness • 128 - Factory -aimed and assembled luminaries with 1500 -watt metal halide lamps • 8 — Factory -aimed and assembled luminaries with 400 -watt metal halide lamps for security Contact Information: Tim Oordt Sales Representative Musco Sports Lighting, LLC 109 South Harris Street, Suite 200 Round Rock, TX 78664 Phone: 866/786 -1841, ext. 6343 E -mail: tim.00rdt @musco.com Fax: 866/786 -1842 Cell: 512/658 -6884 Musco Sports Lighting, LLC Page 4 of 5 -214- IEXHIBIT "D" I n___e_sr SCOPE OF WORK Owner Responsibilities: 1. Complete access to the site for construction using standard 2 wheel drive rubber tire equipment. 2. Locate existing underground utilities and irrigation systems. 3. Pay for extra costs associated with foundation excavation in non - standard soils (rock, caliche, high water table, collapsing holes, etc.). Standard soils are defined as soils that can be excavated using standard earth auguring equipment. Musco Responsibilities: 1. Provide required poles, fixtures, and foundations. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management assistance as needed. 4. Provide structural designs per city furnished soils report. 5. Provide review of electrical design as provided by Electrical Contractor. Musco Subcontractor Responsibilities: 1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 2. Provide storage containers for material as necessary and dumpsters for waste disposal. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Provide required electrical permits. 5. Provide materials and equipment to install new electrical service from new panel "MDP" (existing breakers under phase 1) to new Panels "HA" & "HB" furnished and installed under this contract. Furnish 2 - 200a/480v /3p /3w /42circuit panels "HA" & "HB" including conduits with wire to new panel locations in existing electrical room above existing load gutters. 6. Furnish and install 1 - 480v/120v transformer with breaker from panel "HA" for controls. 7. Provide materials and equipment to re -use and /or install all underground conduit, wiring, pull boxes etc. and terminate wiring as required from existing pole locations to new Musco provided pole locations. 8. Provide (2) Lithonia # 1705- 1000M -HPN- 480- EWB -DF -HRBW fixtures and mount on Musco furnished brackets @ C6 pole location. 9. Provide power and control circuit to each scoreboard (total of 4). 10. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 11. Provide materials and equipment to install (16) LSS foundations as specified on Layout. 12. Provide and install ground rods (one per pole location) for lightning protection per NFPA 780 Code. Poles 70' and below require a #2 ground wire. Ground rods to be 3/4 "x 10' or 5/8 "x 10' with a 10' embedment. Ground rods must be installed in soil, not in the concrete backfill. 13. Remove spoils to owner designated location at jobsite. 14. Provide materials and equipment to assemble (132) LSG fixtures and terminate all necessary wiring. 15. Provide equipment and materials to assemble and erect (10 - 60' & 6 - 70') LSS Poles. 16. Provide equipment and materials to install (3) new Lighting Contactor Cabinets and terminate all necessary wiring. 17. Contractor will commission Control Link by contacting Control Link Central at (877- 347 -3319) and going through the following steps: 18. Check all Zones to make sure they work in both auto and manual mode. 19. 1 hour comprehensive burn of all lights on each zone. 20. Set base line for the DAS (Diagnostic Acquisition System) 21. Keep all heavy equipment off of playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 22. Provide startup and aiming as required to provide complete and operating sports lighting system. 23. Demo and remove from site (24) wood poles and associated light fixtures. Musco Sports Lighting, LLC Page 5 of 5 -215- EXHIBIT "D" I Paae 5 of 5 PROJECT BUDGET GREENWOOD SOFTBALL COMPLEX RENOVATION PROJECT NO. 3385 January 12, 2010 FUNDS AVAILABLE: Parks & Recreation CIP (2009 -2010) Parks & Recreation CIP (2010 -2011) FUNDS REQUIRED: Construction: Garrett Construction - $560,087.80 Musco Sports Lighting, LLC - $601,800.00 Parks & Rec. Interdepartmental Agreement - $634,300.20 Contingencies (10 %) Consultant (CLK Architects & Associates Inc.) Geotechnical and Construction Testing (Rock Engineering) Reimbursements Misc. (Printing, Advertising, etc.) Total $1,017,900.00 $1,432,100.00 $2,450,000.00 $1,796,188.00 179,619.00 214,592.00 6,500.00 71,848.00 2,500.00 $2,271,247.00 FUNDS REMAINING: $178,753.00 EXHIBIT "E" Page 1 of 1 File : \ Mproject \councilexhibits \exh3385b.dwg CORPUS CHRIST B.,qly F.M. 43 LAGUNA 2PLADRB LOCATION MAP NTS PROJECT #3385 VICINITY MAP NOT TO SCALE EXHIBIT "F" Greenwood Softball Complex Renovation (Bond 2 0 0 8 ) _21 7 _ CITY COUNCIL EX41BIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 12/24/2009 MEW ■I NNW ■I trominomeow ,a' • ap co cp c (p O � rES O O CO 0 0 L) LL 1 D Z/-) • a _L1 d I D c 1„) -E: I ) _L1 -� L -- CL-) L1 : L) _L1 _L1 _L1 _L1 _L1 _1_1 L-- L} L/ L-/ U L-/ L-/ 'L1 ,7---) ,7-) 17-) 17-) 17-) 17-) '‘71,l 1 ■ «1 � L L1 N 4-) U = E O 4' u') Q_c 4-J 0= V�1ON N 0 ��U O OZ 0 - p ca E N N c -o 0 2 O U 0 ca Q) � 77) -0 .(j) 4—• ca p cn O O 4-0 1- 4-+ V O U(1) U (0 O �' O U N O 0. 2 4; 01 a)" a JE 0 ca N Fr/ N i i U 0 i .= 0 0 0 c LO 0= 0= N U ul cn cn c - c .0 0 N 4--J -o -0 LI- 0 ra O (0 U 4--1 4-' = = E 03 u .— .a) -0 ii2 2 g 4— 4— N Oj i.= O� ro .(� = E E 010_ fp .0= 0_ -0 0_ 0 i p_ 17-n 17-n 2E4-)15 u15 c� X 1 ca ra O O �8(us = 8 - � 0 0- i E0_ i ca 0_ 0_ �� CO 1_ 4_, ���' - -0-0 co mdU�acoU 0.o 0 0 I I 1,= U J C9 O co co N O L!� - N Co N Co 00 N�N�N0 N00000000 O)NOAV O1CpO1O)O1O)OO ,-1 0= 1-1 ._ 1-1 ca cn ,--1 ,--1 ,--1 ,--1 N N 7 L) i LL 1 This project provides for various renovations to the playing fields, restrooms, concession stands, dugouts, lighting, and parking lots Design was completed by CLK Architects & Assoc. The project was developed in Phases to allow renovation through multiple contracts including Parks & Recreation Force Account Participation U ca 0 11 11 11 L) 1 `L} , L tL 1 7 1 O N O 0 N } LL F Y 2009 -2010 a 0 D CONSTRUCVPHASE (10 MONTHS') BID PHASE DESIGN PHASE 0 Greenwood Softball Complex 4-• a) cn -o m N 0 0_ onstruction Costs 0 0 O 0 O �• N 0 0 0 IN O O N - �• co O ,-•1 M oc 'O O O 1-1 o. ,-1 • M O N N N kO 1-1 N Garrett Constr Parks and Rec. M u sco Sports L L cn U c 0 V .� CU ro N 'N u cu a cp E o = o O U w Q H u i L_ L 11„ 1 _L1L� 1 1. L__, L L� 11_ 1 CD ' . z i1 21 AGENDA MEMORANDUM City Council Action Date: January 12, 2010 SUBJECT: O.N. Stevens Raw Water Influent Improvements — AMENDMENT NO. 1 Project No. 8643 / CIP No. WAWS 02 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $1,880,000 for a restated amount of $1,927,500 for the O.N. Stevens Raw Water Influent Improvements for preliminary, design, bid and construction phase services and additional services. ISSUE: The O.N. Stevens Water Treatment Plant has hydraulic anomalies in the existing piping configuration that limit the hydraulic capacity of the plant to Tess than the treatment capacity of the plant. The most critical areas are located between the raw water junction box and the sedimentation basins. In addition to the hydraulic restrictions posed by the existing piping, the piping also makes it difficult to split incoming water flow between the two treatment trains. This project proposes to eliminate all constrictions in the front end piping and allow a passive flow split between the two treatment trains. The proposed amendment to the contract is for preliminary, design, bid, and construction phase services and additional services for this project. Freese and Nichols, Inc. was initially selected for this project through Request For Qualifications (RFQ) No. 2007 -05 CIP Projects FY 2008 -2009 Sopping, Estimating, Design Services. The original contract for this project was executed on May 27, 2008. FUNDING: Funding is available from the Water Supply Capital Improvement Budget FY 2010. RECOMMENDATION:, Staff recommends approval of the motion as presented. Gustavo Gonzalez, P.E. _ Director of Water Services 361 /826 -1874 qustavogoecctexas.com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Preliminary Project Budget Exhibit "E" Location Map Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petean(8.cctexas. com H ; HOM E1Ra ;;:e'o.GEN'.WatrA0NSWTMEZ41•Rtw Water ^.uer.t I:r:s Ard HA;cr_a Harm Ca. —231— AGENDA BACKGROUND INFORMATION SUBJECT: O.N. Stevens Raw Water Influent Improvements — AMENDMENT NO. 1 Project No. 8643 / CIP No. WAWS 02 AMENDMENT NO. 1 DESCRIPTION: The consultant, Freese and Nichols, Inc. will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases and additional services described further below: The preliminary phase will include performing a field investigation to define specific areas of demolition and new work; develop a preliminary construction schedule and sequencing plan that includes all the items on the contract's task list; and perform an assessment of the raw water delivery system. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period services. Other additional services include topographic survey, subsurface utility exploration, franchise utility coordination, construction observation and inspection, start-up services and warranty phase services. The consultant, Freese and Nichols, Inc., of Corpus Christi, was selected for this project through Request for Qualifications (RFQ) No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services, which was issued on December 28, 2007. CONTRACT SUMMARY /FEE: A contract and fee summary is attached as Exhibit "C ". PROJECT BACKGROUND: The O.N. Stevens Water Treatment Plant is an aging facility that requires strategic capital improvement projects to enhance the operational readiness, code compliance, and implementation of new and improved technologies and processes. This project was identified in the City's Capital Improvement Plan to address the current hydraulic bottleneck that limits total plant capacity to 159 MGD (or less). The proposed improvements will increase plant capacity to 200 MGD and increase the security and serviceability of the plant. These improvements are also required for the chemical feed improvements, which will allow for more precise control of chemical dosing, resulting in substantial cost savings. The raw water influent improvements will also allow for 100% blending of source waters for uniform treatment and increases in process efficiency, which will improve the quality of the finished water. H:\HOME \Rachelle \GEN \Water \ONSWTP \8643 -Raw Water Influent Imps\Amd.tNo2l3ide Background.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: O.N. Stevens Raw Water Influent Improvements — AMENDMENT NO. 1 Project No. 8643 / CIP No. WAWS 02 PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. December 28, 2007 - Distribution of Request For Qualifications (RFQ) No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191 engineering firms (78 local and 113 non - local). 1. January 14, 2008 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2007- 05 CIP Projects FY 2008 -2009 Scoping, . Estimating, Design Services to 191 engineering firms (78 local and 113 non - local). 2. January 17, 2008 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2007- 05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191 engineering firms (78 local and 113 non - local). 3. May 27, 2008 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Freese and Nichols, Inc. in the amount of $47,500 for the O.N. Stevens Raw Water Influent Improvements (Project No. 8643) for the scoping phase of the project. —233— H:\ HOME \RachellelGEMWater\ONSWTP16643 -Raw Water Influent Imos1Amd, No. 1\Prior Proiect Actions.doc CONTRACT SUMMARY 1. SCOPE OF PROJECT: O.N. STEVENS RAW WATER INFLUENT IMPROVEMENTS (Project No. 8643/ CIP No. WAWS 02) The ONSWTP is currently rated at a treatment capacity of 167 million gallons per day (MGD) and is capable of being up rated by the Texas Commission on Environmental Quality (TCEQ) to 200 MGD. A hydraulic analysis has identified several bottlenecks which restrict flow to about 159 MGD ahead of the sedimentation basins and 133 MGD into the pre- sedimentation basin. This project will consist of hydraulic improvement at the raw water influent to increase the plant flow rate to 200 MGD. Improvements will also be made to the pre- sedimentation basin allowing the entire plant flow to receive pre - settling and blending of the raw river water and lake sources. These improvements will enhance the performance of the treatment plant, increase the hydraulic capacity by 67 MGD and save chemical costs. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Wednesday January 20, 2010 Begin Preliminary Phase Monday May 17, 2010 Begin Design Phase Monday August 23, 2010 Interim Submittal Friday September 24, 2010 City Review Monday December 13, 2010 Pre -Final Submittal Friday January 21, 2011 City Review Monday February 21, 2011 Final Submittal Monday (2) March 14 & 21, 2011 Advertise for Bids Wednesday March 23, 2011 Pre -Bid Conference Wednesday March 30, 2011 Receive Bids Monday May 9, 2011 Begin Construction Weekday November, 2012 Construction Completion H:W OME \Rachelle\GEN \WatertONSWTP\8643 -Raw Water Influent ImpsOmd.2r814eratract Summary.doc 4. FEES The estimated cost of construction for O.N. Stevens Raw Water Influent Improvements is $16,000,000. The basic services fee proposal for Amendment No. 1 is $1,350,000; therefore, the percentage of basic engineering services cost to construction cost for Amendment No. 1 is 8.4 %. HA NOMBRachelle \GEMWatenONSWiP18643 -Raw Water Influent ImpslAmd. tT 20i47Summary.doc ORIGINAL CONTRACT AMD. NO. 1 TOTAL BASIC SERVICES 1 Preliminary Phase $47,500.00 $225,000.00 $272,500.00 2 Design Phase 0.00 975,000.00 975,000.00 3 Bid Phase 0.00 50,000.00 50,000.00 4 Construction Phase 0.00 100,000.00 100,000.00 Subtotal Basic Services 47,500.00 1,350,000.00 1,397,500.00 ADDITIONAL SERVICES (Allowance) (Authorized) 1 Permitting (TDLR) 0.00 47,000.00 47,000.00 2 ROW Acquisition Survey 0.00 TBD 0.00 3 Topographic Survey (Authorized) 0.00 75,000.00 75,000.00 4 Subsurface Utility Exploration (Authorized) 0.00 115,000.00 115,000.00 5 Franchise Utility Coordination (Authorized) 0.00 10,000.00 10,000.00 6 Construction Observation Services 0.00 230,000.00 230,000.00 7 Start-Up Services /O &M Services 0.00 13,000.00 13,000.00 8 Warranty Phase 0.00 40,000.00 40,000.00 9 Provide SCADA Documentation 0.00 TBD 0.00 Subtotal Additional Services 0.00 530,000.00 530,000.00 TOTAL AUTHORIZED FEE $47,500.00 $1,880,000.00 $1,927,500.00 The estimated cost of construction for O.N. Stevens Raw Water Influent Improvements is $16,000,000. The basic services fee proposal for Amendment No. 1 is $1,350,000; therefore, the percentage of basic engineering services cost to construction cost for Amendment No. 1 is 8.4 %. HA NOMBRachelle \GEMWatenONSWiP18643 -Raw Water Influent ImpslAmd. tT 20i47Summary.doc r•� Freese and Nichols O.N. STEVENS RAW WATER INFLUENT IMPROVEMENTS CITY OF CORPUS CHRISTI ENGINEERING LETTER REPORT ALTERNATE 2 Opinion Of Probable Construction Cost November 10 2008 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE (- TOTAL BASE PROJECT 1 DEMO JUNCTION BOX 1 LS $225,000.00 $225,000.00 2 DEMO RECEIVING UNIT 1 LS $225,000.00 $225,000.00 3 DEMO METER VAULT 1 LS $100,000.00 $100,000.00 4 EXTEND 72" RAW WATER PIPE TO NEW JUNCTION BOX 550 LF $875.00 $481,250.00 5 EXTEND TWO 54" PIPELINES 1,100 LF $650.00 $715,000.00 6 NEW METER VAULT 1 LS $600,000.00 $600,000.00 7 NEW JUNCTION BOX 1 LS $1,000,000.00 $1,000,000.00 8 72" PIPE FROM NEW JUNCTION BOX TO SPLITTER BOX 320 LF $875.00 $280,000.00 9 SPLITTER BOX 1 LS $1,000,000.00 $1,000,000.00 10 54" PIPELINES TO NEW RAPID MIX BASINS, OPEN CUT 650 LF $650.00 $422,500.00 11 54" PIPELINES TO NEW RAPID MIX BASINS, BORED 650 LF $1,650.00 $1,072,500.00 12 METER AND VALVING CONTROL (SONIC W/ 54" BFV) 4 EA $100,000.00 $400,000.00 13 CONNECTIONS, CLOSURES, AND MODIFICATIONS 1 LS $175,000.00 $175,000.00 14 INSTRUMENTATION AND ELECTRICAL 1 LS $350,000.00 $350,000.00 SUBTOTAL: $7,046,250 ESCALATION 5% $352,310 SUBTOTAL: $7,398,560 CONTINGENCY 20% $1,479,710 SUBTOTAL: $8,878,270 MOBILIZATION 5% $443,910 SUBTOTAL: $9,322,180 OH & P 18% $1,677,990 BASE PROJECT TOTAL -236- $11,000,170 PRE - SEDIMENTATION FULL FLOW PROJECT TOTAL ALTERNATE 2 - BASE AND FULL PRE - SEDIMENTATION PROJECT TOTAL -237- $4,586,320 $1 5,586,490 PRE- SEDIMENTATION FULL FLOW 1 96" INLET PIPE TO PRE - SEDIMENTATION BASIN, BORED 120 LF $2,470.00 $296,400.00 2 CHANNEL IMPROVEMENTS 800 LF $750.00 $600,000.00 3 NEW INTAKE 1 LS $1,250,000.00 $1,250,000.00 4 96" OUTLET PIPE TO NEW JUNCTION BOX, OPEN CUT 330 LF $1,500.00 $495,000.00 5 96" OUTLET PIPE TO NEW JUNCTION BOX, BORED 120 LF $2,470.00 $296,400.00 SUBTOTAL: $2,937,800 ESCALATION 5% $146,890 SUBTOTAL: $3,084,690 CONTINGENCY 20% $616,938 SUBTOTAL: $3,701,628 MOBILIZATION 5% $185,081 SUBTOTAL: $3,886,710 OH & P 18% $699,608 PRE - SEDIMENTATION FULL FLOW PROJECT TOTAL ALTERNATE 2 - BASE AND FULL PRE - SEDIMENTATION PROJECT TOTAL -237- $4,586,320 $1 5,586,490 \Mproject \councilexhibits \exh8643. d wg 0, N. STEVENS WATER TREATMENT PLANT LOCATION O.N. STEVENS RAW WATER INFLUENT IMPROVEMENTS _238_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/3/2009 -- NW NMI NW OMNI 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 12, 2010 AGENDA ITEM: Ordinance renaming the park located at 10622 Frontier Drive, Frontier Drive at Winrock Drive from Overland Park to Lt. Stuart J. Alexander Memorial Park. ISSUE: The City has established a formal policy for facilities. The City, through the Parks and Recreation Department, received a renaming request from Assistant Police Chief Mike Walsh for Overland Park. BOARD /COMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) received Assistant Chief Walsh's presentation at their October 14, 2009 and requested staff begin the 60 day process of due diligence research and public notification. One phone call inquiring about Officer Alexander's identification was received. Support from the Corpus Christi Police Department was received. During the regular PRAC meeting on December 9, 2009, by a six to one majority, the PRAC voted to recommend the City Council approve the request to rename Overland to Lt. Stuart J. Alexander Memorial Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities. That process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Overland to Lt. Stuart J. Alexander Memorial Park be approved. Stacie Talbert, Interim Director Parks and Recreation Department 361- 826 -3464 StacieT(a�cctexas.com Attachments: Background Information Staff Due Diligence Report Request to rename park Council Policy Information for Naming of City Parks and Recreational Facilities (attach approved ordinance amendment) 7241 - BACKGROUND INFORMATION Overland Park is a 5.18 acre park located at 10622 Frontier Drive, Frontier Drive and Winrock Drive. Similar ordinances have been requested by the Parks and Recreation Advisory Committee (PRAC) and approved by the City Council. —242— Page 1, Due Diligence Report Overland Park Renaming Project To Lt. Stuart J. Alexander Memorial Park Staff, Due Diligence Report December 8, 2009 On September 9, 2009, Sally Gavlik, City of Corpus Christi, Parks & Recreation Director received a request from Assistant Police Chief, Mike Walsh to rename Overland Park to Lt. Stuart J. Alexander Memorial Park. The Parks & Recreation Advisory Committee received the request at their October 14, 2009 regular meeting. The committee requested staff complete their due diligence report for the December 9, 2009 meeting. Public notification signs were posted at the park property on November 11, 2009. Notification fliers were mailed to 49 property owners within one and one -half miles of the site on November 23, 2009. Part of the public notice was an invitation to attend the Parks & Recreation Advisory Committee meeting on December 9, 2009. To date, there has been one (1) phone conversation recorded asking for identification of Lt. Alexander. The caller expressed support of the renaming request. A copy of this response is attached. During the due diligence process for the request to rename Jackson Woods Park for Officer Thebeau the department received six messages of support from fellow officers and staff for renaming both parks to honor the fallen officers. Final public announcement was published in the Caller Times on Monday, December 7 and Tuesday, December 8, 2009. Staff Recommendation: Staff supports the name change. If Council supports this recommendation, Assistant Chief Mike Walsh will be notified of the park sign replacement fee. Stacie Talbert, Interim Director Parks and Recreation (361) 826 -3464 -243- Page 1, Notification Caller Times Newspaper Publication December 7, 2009 and December 8, 2009 Public Notice: Overland Park Renaming Consideration The public is hereby notified in compliance with the Corpus Christi Code of Ordinance, the Corpus Christi Parks & Recreation Department is considering renaming Overland Park at 10622 Frontier Dr, to Lieutenant Stuart J. Alexander Memorial Park This item will be discussed at the Parks & Recreation Advisory Committee meeting, December 9, 2009, 5pm, City Hall Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks & Rec at 826 -3463 with your comment or question. —244— Page 2, Notification Park notification posted at park on November 11, 2009 Flier mailed to park neighbors on November 23, 2009 The City Corpus Christi, Parks and Recreation Department has received a request to Overland Park at 10622 Frontier Dr, to Lieutenant Stuart J. Alexander Memorial Park This item will be discussed at the Parks and Recreation Advisory Committee meeting December 14, 2009, 5:00 pm, City Hall, 1201 Leopard Street, Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks and Recreation at 826 -3463 with your comment or question. —245— REQUEST FOR THE NAMING OR RENAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS Type of area or facility (park, building, pool, etc.) Ov1•1LLANQ. PAguti. 2. Location 10&22 Fron fitr Pr sv& 3. Suggested Name itittatrt ` A wJ.' r t,tays it A*l P 4. Please describe why you feel this name to be appropriate. %i't': )titlirf alti4t4ati. Sdrve ti ChrAc p '24 4aty , I t Ak itk r wa.ks Pot itod., tot ov+ ( "If itirgark. Ara it 1111 hi a 5tAgt, f 4r, f' Mph a &+l Eio t iln o 4••, jetlioliter ittai, +6, `' t4v17 M rr s p st, r'S MArc k It Ural, Rand►' arl� Sri tt - 114. R 4'i Its frs btu #o his Sevv 'ce #%e o'w' 5. Name and address of person making request. Name MII&E WAtlit4t A4' %4'1JT 1 Address '321 JOhv1 4 v% !" e Phone figs 2100.4, 6. Do you represent an organization with respect to this request? If `yes', name organization 1'OP.?Afa cifitree 1 poua 176fAtioni4I 7. Date of this request FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council. Action Legal Notice — Newspaper Notice to Appropriate Councilmember Public Notice — Neighborhood —2 46— v s. try r G RESOLUTION AMENDING CITY COUNCIL POLICIES ADOPTED BY RESOLUTION 021901 REGARDING NAMING OF CITY FACILITIES TO PROHIBIT THE RENAMING OF A FACILITY ALREADY NAMED IN HONOR OF A PERSON, GROUP OR EVENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Resolution Number 021901 which adopted policies and general rules and procedures of the City Council, is amended to prohibit the renaming of a City facility which was previously named after person, group, or event. * "6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person, group, or event. B. Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committee. No formal action needs to be taken by the City Council. C. Name Change. Only the following facilities are eligible to be considered for name changes: (1) park or park facility which is not already named in honor of a person, group, or event: and (2) park or park facility which was named for the subdivision in which it is located. The following definitive steps shall be taken regarding a proposed name change for these eligible parks and park facilities. (1) Persons, groups, or organizations desiring the name change shall fill out complete a request for name change and submit the proposal to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Parks and Recreation Advisory Committee. No action may be taken by the heard committee for a minimum of 60 days after receipt of the proposal. 028430 14:\LEG- DIR\Lisa\2009 Resolutions\Naming of City facilities Noveml9 %9doc 2 (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Parks and Recreation Advisory Committee and interested individuals are invited to come before the Beard committee to address the issue. (5) At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Beard committee, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided for eligible park and recreation facilities in commemorating or memorializing an individual, group or act event. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A one -year waiting period after termination from completion of public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. E. Renaming of park or park facility. The renaming of a park or park facility which is already named in honor of a person, group, or event is not permitted. 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. Costs associated with renaming ceremonies and the •rovision of markers si• .Ia• the entity requesting the name change. The renaming of any City facility which is already named in honor of a person, group, or event is not permitted." SECTION 2. This Resolution takes effect on date of City Council approval. ns ues or memorials shall be borne b 3 Armando Chapa City Secretary APPROVED: --il,0.4' • 3D , 2009. Lisa Aguil ssistant City Attorney THE CITY OF CORPUS CHRISTI Joe A Name Mayor Corpus Christi, Texas , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E Marez Nelda Martinez Mark Scott ,i28430 -250- SADDLE LANE PIONEER DRIVE OVERLAND PARK FRONTIER DRIVE FRONTIER DRIVE SUNDOWN DRIVE HEMLOCK ROAD HORSESHOE DRIVE Page 1 of 2 ORDINANCE RENAMING THE PARK LOCATED AT 10622 FRONTIER DRIVE, FRONTIER DRIVE AT WIND ROCK DRIVE FROM OVERLAND PARK TO LT. STUART J. ALEXANDER MEMORIAL PARK. WHEREAS, there is an approximately 5.18 acre park area located 10622 Frontier Drive, located near intersection of Frontier Drive and Wind Rock Drive; WHEREAS, on September 9, 2009, the City received a request from Assistant Police Chief Mike Walsh to rename this park, Lt. Stuart J. Alexander Memorial Park; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this request at their October 14, 2009 meeting at which time they requested staff begin their due diligence research and began the 60 day process of public notification; WHEREAS, notice was posted at the park on November 11, 2009 with legal notice about the proposed name change posted in the CC Caller Times on December 7, 2009 and December 8, 2009; WHEREAS, the PRAC considered and by a six to one majority vote, recommended the Overland Park name change to City Council at their December 9, 2009 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of the park located at 10622 Frontier Drive, located near the intersection of Frontier Drive and Wind Rock Drive, is hereby renamed from Overland Park to the Lt. Stuart J. Alexander Memorial Park. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: January 7, 2010 By: Lisa Aguil Interim City Attorney Joe Adame Mayor 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1 -12 -10 AGENDA ITEM: Discussion and possible action concerning the Memorial Coliseum project. ISSUE: The Memorial Coliseum, which has been vacant since 2004. PREVIOUS COUNCIL ACTION: November 17, 2009 action by Council to authorize negotiations with the National Swimming Center Corporation and also to authorize the development of plans for demolition of the Coliseum, with a deadline of January 12, 2010, to determine which course of action to take. CONCLUSION AND RECOMMENDATION: Pending additional information from NSCC. Irma Caballero Director of Economic Development irmaca @cctexas.com 826 -3850 Attachments BACKGROUND INFORMATION UPDATE ON NEGOTIATIONS WITH NATIONAL SWIMMING CENTER CORPORATION (NSCC) Immediately after the last City Council meeting, City staff conducted a telephone conference call with the NSCC representatives on Wednesday, December 16, to address the various issues remaining. Based on the conference call, the following issues were determined: 1. Lease Area. The City confirmed for NSCC that the proposed lease area is denoted as Area A on the attached map (Attachment A), inclusive of Area A -2, comprising a 9.1 -acre parcel with an eastern boundary of the seawall. NSCC was reminded that the City requires a 32 -foot minimum set back from the seawall for the pedestrian promenade and a 20 -foot setback on Shoreline, but those areas would apply to compliance with the desired open space requirements. 2. Economic Impact. NSCC agreed to provide the City with additional information on the "heads and beds" economic impact generated by the proposed Swim Center as well as information as to where the events might be coming from and if the existing facilities at those other locations are adequate to serve them. City staff understood that for many of the anticipated events the existing facilities are inadequate, so Corpus Christi could realize continued scheduling of those events, but the staff requested confirmation of those facts in response to questions from the Council. 3. Zoning. City staff confirmed for the NSCC that the 25% minimum open space requirement under the Zoning Ordinance only applies to projects with residential uses in the B -2 zoning district. Since the proposed project did not include residential uses such as apartments, the 25% minimum is not a Code requirement; nevertheless, the City Council has set a goal of 30% open space for this project. 4. Coliseum Renovation. NSCC agreed to provide City staff with a breakdown on the $27 million construction cost estimate for the Coliseum renovation aspects of the project. NSCC also agreed to provide staff information as to the engineering feasibility of installing a swimming pool in the Coliseum floor. 5. City Incentive Funds. The City Legal Department agreed to research whether "Type A" Corporation funds that the City controls could legally be used to support this project. 6. Bond Financing. City staff and legal counsel also began researching options for possible bond financing for a parking garage to serve the project. The parties agreed to a second conference call on Wednesday, December 23. In that conference call, the following progress was noted: 1. Lease Area. NSCC reported it was working on a new site plan. The parties discussed the existence of a 10 -foot utility easement running along the western edge of the existing northbound Shoreline and that those utility lines might be relocated as needed to accommodate a building footprint. 2. Economic Impact. NSCC stated that it was still working on the economic impact information promised. 3. Zoning. NSCC reported that it was looking at pro forma options that might include some apartments as a component of the project. City staff noted that if apartments were included as part of the project, 25% minimum open space would be required as part of the Code and the Council still has a stated goal of 30% minimum open space. 4. City Incentive Funds. The City Legal Department completed its research on this issue and determined that no substantial amount of "Type A" Corporation funds could legally be used to support this project. (A copy of the memo is attached, as Attachment B) Those funds must be allocated based on primary job creation, and due to the limited number of permanent jobs associated with the project and the salary levels, the amount of Type A funds allocable would be minimal. An election would be required in order to broaden the ability of the Type A corporation to support other economic development projects such as this Coliseum project. 5. Financing for Parking Garage. City staff discussed various options on financing a parking garage, including federal grants and the use of bond funds. The options of building the garage on -site or possibly across Shoreline if a federal grant could be obtained were discussed. NSCC reported that even if such federal or bond funding could be obtained, that would not necessarily assist in solving the $5 million funding shortfall for the Coliseum renovation. The $5 million shortfall is in the construction budget for the Coliseum, and alternate financing of a portion of the parking garage cost would not necessarily allow them to re- program funds for the Coliseum renovation. Also, the loss of parking revenues from their cash flow model could have a negative effect on their pro forma. 6. Coliseum Renovation. NSCC was requested again to provide a breakdown on the $27 million construction cost estimate for the Coliseum renovation aspects of the project. In particular, City staff and legal counsel wanted to look at any funding options that might be available to address the $5 million funding shortfall directly, since working on the parking garage might not have the desired benefit for the project. The parties agreed to a follow up meeting on Monday, January 4, or Tuesday, January 5, in order to finalize preparations for the January 12 City Council meeting; however, the NSCC representatives were not able to schedule that meeting. The last communication from the NSCC representatives stated that they will submit a proposal later in the week, and as soon as it is received it will be forwarded to Council. None of the other requested information has been provided by NSCC as of the time of this Memo. UPDATED TITLE COMMITMENT AND INFORMATION As reported previously, a Commitment for Title Insurance concerning the Coliseum Site was ordered through Security Title, a local agent for Commonwealth Land Title Insurance Company. Although the Commitment was issued for the name of an owner and lender "TO BE DETERMINED" and also was subject to the inclusion of more specific information concerning the date of the Lease describing the leasehold interest being insured, the Commitment formed a basis for determining what issues might exist upon finalization of a project and the need to obtain title insurance. The original Commitment revealed the existence of restrictions in one Deed executed by the City in 1940 to Carrie Lichtenstein concerning a lot (Tract 1 on map — Attachment C) having 85 feet of frontage on Shoreline approximately 70 feet north of Park Avenue, immediately across from the present Memorial Coliseum. The restriction prohibited the construction of "any building other than for ornamental or governmental purposes" on the City's retained property east of that tract. In Schedule C, the Commitment also noted that evidence would have to be provided at any closing that the lease transaction was properly authorized by the City of Corpus Christi with a specific finding that the lease was "in the best interest of the City." Legal counsel was contacted by the Title Company concerning the need to issue an updated Title Commitment based on additional information obtained from further review of the property records at the request of the underwriter (Updated Commitment — Attachment D). It appears that in addition to the Lichtenstein Deed, similar language was included in a Deed to D. Zweig concerning the lot adjacent to Ms. Lichtenstein's property on the north side covering another 146 feet of frontage on Shoreline. These two Tots comprise the property immediately across from the Coliseum. The same language also was included in another Deed to Born Investment Company covering a tract a little farther north (Tract 3 on map — Attachment C) that originally had 399 feet of frontage on Shoreline. That tract has been split by the dedication and construction of Born Street, dividing it into two parcels. The attached map shows the location of the three original properties, but with subsequent replats, street dedications, and conveyances the properties have been difficult to trace. The restriction in the Zweig Deed is stated as follows: It is further understood and agreed that said City of Corpus Christi will restrict the use of the property owned by said City east of the property hereinabove described to the purposes set out in the various acts of the Legislature of the State of Texas providing for the erection of said Bay Front Improvement and shall not place or permit the placing thereon of any building other than for ornamental or governmental purposes. The restrictions in the Lichtenstein and Born Investment Deeds are similar in intent but specifically mention the purposes set out in Acts of the 36th Legislature, 1919, authorizing the original State Patent to the City. Section 2 of that Act states as follows: "and all area formed by such construction and filling in is hereby declared to be the property of the City of Corpus Christi to be used by said city for public purposes only, and said city shall have the right, power and authority to construct such walks, drives, parks and buildings for public purposes only on all of such area as may be deemed suitable or desirable for such public purposes, and any such building or structure erected may be rented for purposes of a public nature and all proceeds derived from such rental shall be paid into the general fund of the city; .... and provided that the City of Corpus Christi shall not place or permit the placing of any building other than for ornamental or civic purposes on said area ...." As noted in the initial report on legal issues last September, the Legislature in subsequent acts has clarified what is deemed to be for "public purposes" including leases for any purposes that the City Council determines to be in the best interest of the City. The original 1919 legislative act noted that buildings could be erected and rented "for purposes of a public nature" allowing the construction of a building of public use such as the Memorial Coliseum that over the years has been leased and utilized by the public. Historically, cities and other governmental entities have provided for the construction of tourist facilities, visitors centers, attractions, hotels, lodging facilities and other public accommodations on public land, as evidenced in many federal and state parks and adjacent to municipal convention centers. The initial Title Commitment showing the deed restrictions only applicable to a small portion of the Coliseum itself did not require further evaluation since the Coliseum would be retained as a public facility under the various proposals. The expansion of the affected area in the updated Title Commitment will require more work with any potential developer and its lenders to determine how the proposed uses on the affected parcels comply with the restrictions. Any proposed development would need to comply with the above requirements, and the title underwriter, the developer or the lender might require written consent from adjacent property owners confirming that the proposed development plan meets those requirements. UPDATE ON DEMOLITION OPTION The City staff has completed plans and specifications for the demolition of the Memorial Coliseum and is prepared to advertise for bids upon authorization by the Council (Timetable — Attachment E). State law requires that notice be published two times in a local newspaper in the two weeks prior to the bid deadline. As reflected in the attached schedule, bids could be due on February 3, 2010, and after proper evaluation and finalization of funding sources, a demolition contract could be brought back to the Council for consideration in early March, 2010. In order to proceed, the Council would be required to approve the demolition contract and appropriate the necessary funds for the project. As additional background materials, please note the following attachments: Attachment A — Attachment B — Attachment C Attachment D Attachment E — Lease Area Map Memorandum Regarding Type A Corporation Funding Options — Map of Coliseum Area Showing Deed Restriction Parcels — Updated Title Commitment issued December 29, 2009 Demolition Timetable BEARINGS ARE BASED ON THE WESTERLY RIGHT- OF-WAY LINE OF S. SHORELINE BLVD. AS SHOWN ON PLAT OF THE JONES SHOREUNE BUSINESS LOTS RECORDED IN VOLUME 14, PAGE 35 OF THE MAP RECORDS OF NUECES COUNTY. TX. SET 5/8' IRON RODS MIN PLASTIC CAPS STAMPED 'CITY OF CORPUS CHRISTI, TX' AT ALL CORNERS UNLESS NOTED OTHERWISE. 200 0 11 AREA "A" 7.42 ACRES 373.706 S0. FT. 3 0 BORN R.0.V 200 400 Scale In Feat ATTACHMENT "A" MEMORIAL COLISEUM LEASE AREA — 402 S. SHORELINE BLVD. OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OF LAND CONTAINING 9.10 ACRES (396,484 SO. FT.) OUT OF THE MEDIAN BOUNDED ON THE NORTH BY KINNEY STREET, THE EAST BY NORTH BOUND SOUTH SHOREUNE BOULEVARD. ON THE SOUTH BY PARK AVE., AND ON THE WEST BY SOUTH BOUND SOUTH SHOREUNE BOULEVARD. CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division - 361- 826 -3500 DOLE 08 /17/09 Drown ay' R OCHS ,.c*sd a NE5IU1H 263 jwt 90015 — 1,02101541. =SEW F.1r1L.WD PROJECTS 3\COL LIE Attachment A Page 1 of 1 City of Corpus Christi Legal Department Memorandum TO: Mayor and City Council THRU: 'Angel R. Escobar, City Manager THRU: Lisa Aguilar, Interim City Attorny FROM: . Jay Reining, First Assistant City Attorney DATE: ecember 23, 2009 SUBJ: Type A Corporation Funding for Swim Center Project The City has been asked whether or not the City's Type A Board could help assist with the funding for the proposed National Swimming Center Corporation Swim Center at the Memorial Coliseum. /it w While a few of the jobs that will probably be created at the Swim Center could classified as "primary jobs," it does not appear that most of the positions will qualify for funding under the State law. To the extent the jobs qualify as "primary jobs," the Type A corporation could provide a grant through a business incentive agreement with the National Swimming Center Corporation for those jobs, if jobs pay at least $30,000 per new primary job. The grant could range from $751 to over $10,000 per new primary job based upon the annual salary being paid. If the Swim Center project is placed on a ballot and the voters approve the project as a "sports venue," the Type A corporation could help fund the rehabilitation of the Memorial Coliseum as a sport venue; construction of ancillary buildings for restaurants, stores, and parking; and help pay for the maintenance and operation of the facility. However, any funding committed to the Swim Center will reduce or limit the amount of funds available for the Type A corporation's other economic development programs. Background: There are potentially two possible sources of funding. The first would be a grant for the jobs that the National Swimming Center Corporation would create. The second would be direct funding to assist in the renovation of the building; construction of ancillary structures, such as hotels, restaurants, shops, and parking garage; and assistance with the operation and maintenance of the facility. Swim Center Memo 12232009 —264 — no Attachment B in order to determine if it is possible to provide the Swim Center with a grant for the jobs that will be created, we need to analyze both the ballot language that authorized the City's Type A economic development program and the State laws governing Type A corporations. The City's Type A economic development program was authorized by Proposition 2, which was passed by the voters on the November 5, 2002. This ballot measure was the second attempt by the City's leadership to adopt a Type A economic development program. The prior effort in November, 2000, failed. Proposition 2 limited the economic grants and loans to business to projects that created jobs or had the potential to create in the future. (Proposition 2, also authorized a $500,000 affordable housing program and funded the construction of the City's minor league baseball stadium.) Under Proposition 2, and as required by Ordinance 024952, funds approved for the promotion and development of new and expanded business enterprises can only be used for the following projects and not others: (1) Education /Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining, and education to insure the knowledge and skills required for the jobs of the future are in place. (2) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. (3) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside of the community) in Corpus Christi. Funds will be available to both existing and new companies. The Guidelines and Criteria adopted by the Type A corporation's board of directors, and approved by the City Council authorized the following business incentives: (1) Incentives authorized for Large Employers: A. Land, facilities, equipment & infrastructure grants; B. Loan participation /guarantees; C. Direct low interest loans; D. Rent subsidies; E. Relocation and moving expense grants; F. Job training grants /loans; and G. Business incubation activities. Swim Center Memo 12232009 -265- 39 Attachment B Pnac 7 of (2) Incentives authorized for Small Business: A. Small Business start up grants /loans; B. Business Incubation grants /loans; and C. Business Incubator development. The Guidelines and Criteria also impose a wage requirement for jobs that are created with the assistance of the Type A corporation. In order to count as a job under an agreement, the job shall pay at least a "living wage." For the purposes of this provision, living wage means that annual amount determined by the U.S. Department of Health and Human Services for the lower 48 states being at the poverty level for a family of four, divided by 2,080 hours per year (http: // aspe. hhs .gov /poverty /09poverty.shtml). In determining if this requirement is met, the board may also consider other compensation factors or employee benefits that enhance the employees "compensation packages" as a whole. The 2009 Poverty Guidelines for the 48 Contiguous States and the District of Columbia; Persons in family ;Poverty guideline The required minimum hourly wage under the current 2009 guideline is $10.60 per hour. Accordingly, the Type A corporation, through its Project Agreement with the City, may adjust the living wage target under these Guidelines and Criteria and insert a specific target in each agreement to govern the incentive offered. With regard to job training, a job shall pay at least an amount determined by the act in order to count as a job under the agreement. In determining an incentive based on new jobs, the following matrix shall be considered. New Gross Payroll Incentive per New Job <$30,000 per new job Up to $750 per new job for training $30,000 to $40,000 per new job $751 to $5,000 per new job $40,001 to $50,000 per new job $5,001 to $10,000 per new job >$50,000 per new job $10,001 + per new job Swim Center Memo 12232009 —266— A" Attachment B While the City's ballot language merely ties the Type A programs to support the creation of jobs, the State law regulate the types of jobs that can be supported with Type A and Type B corporation funds. State law limits the use of funds to the creation and retention of "primary jobs." "Sec. 501.002. DEFINITIONS. In this subtitle: * "(12) "Primary job" means: "(A) a job that is: "(1) available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy; and "(ii) included in one of the following sectors of the North American industry Classification System (NAICS): "NAICS Sector # Description "111 Crop Production "112 Animal Production "113 Forestry and Logging "11411 Commercial Fishing "115 Support Activities for Agriculture and Forestry "211 -213 Mining "221 Utilities "311 -339 Manufacturing "42 Wholesale Trade "48 -49 Transportation and Warehousing "51 (excluding 512131 and 512132) Swim Center Memo 12232009 Information (excluding motion picture theaters and drive -in motion picture theaters) —267- 41 Attachment B Page 4 of 6 "523 -525 Securities, Commodity Contracts, and Other Financial Investments and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles "5413, 5415, Architectural, Engineering, and 5416, 5417, and Related Services; Computer 5419 System Design and Related Services; Management, Scientific, and Technical Consulting Services; Scientific Research and Development Services; Other Professional, Scientific, and Technical Services "551 Management of Companies and Enterprises "56142 Telephone Call Centers "922140 Correctional Institutions; or "(B) a job that is included in North American Industry Classification System (NAICS) sector number 928110, National Security, for the corresponding index entries for Armed Forces, Army, Navy, Air Force, Marine Corps, and Military Bases." We have not been provided with any details on the jobs that will be created by the Swim Center. We are anticipating that the jobs will be typical of those found in athletic facilities, hotels, restaurants, and retail store. Namely, the jobs will include personal trainers, utility and building mechanics and tradesman, custodial employees, reception clerks, reservation clerks, maids, bellhops, concierge, valet packers, waiters, cooks, salespersons, and the occasional supervisors. While a few of the jobs can probably be classified as "primary jobs," it does not appear that most of the positions will qualify for funding under the State law. Therefore, the Type A corporation's board will not be able to provide a grant to the Swim Center for the creation of most of the jobs at the Swim Center. However, the Type A corporation may be able to assist the Swim Center if the issue is placed on a ballot and the voters approve the project. Swim Center Memo 12232009 —26842 Attachment B DnaoSnfA Under Section 504.152, Texas Local Government Code an authorizing municipality may submit to the voters of the municipality a ballot proposition that authorizes the Type A corporation to use the sales and use tax imposed under this chapter, including any amount previously authorized and collected, for a specific project or for a specific category of projects that do not qualify under the chapter applicable to Type A corporations, but that qualifies under the chapter applicable to Type B corporations. A sports venue and related infrastructure are authorized projects for a Type B corporation. Related infrastructure would include related stores, restaurant, concession, and automobile parking facilities. Hotels are not listed as a permissible related infrastructure. Therefore, the City Council could give the voters an opportunity to redirect the use of some of its Type A sales tax revenues to assist with the funding of the Swim Center. In doing so, the ballot would need to be structured so that it does not jeopardize the standing the bonds that has been issued for the seawall improvements, American Bank Center Arena, or Whataburger Field baseball stadium. However, the voters could redirect funds that are currently available for the Type A Board's affordable housing, small business, and economic development programs. If Type A revenues are going to be used for the operation and maintenance of the sports venue, the ballot language must clearly authorize the use for that purpose. Swim Center Memo 12232009 —26943 Attachment B Page 6 of 6 • Attachment C 11--- , _t, COLISEUM PROPERTY w 2 cn m le THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE ISSUED BY Alamo Title Insurance We, Alamo Title Insurance, a Texas corporation, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to You are under the express terms of this Commitment and end when this Commitment expires. ISSUING AGENT SECURITY TITLE 5325 Saratoga, Suite 225 Corpus Christi, Texas 78413 Telephone: 361 993 -4302 Fax: 361 993 -4348 REPRESENTING LandAmerica Commonwealth Alamo Title Insurance CONDITIONS AND STIPULATIONS President Secretary 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we loam of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provi- sions, Conditions and Stipulations, and Exclusions. (THIS COMMITMENT IS INVALID UNLESS SCHEDULES A, B, C AND D ARE ATTACHED HERETO.) Form 8873 Reprinted (6/08) Texas Form T -7: Commitment For Title Insurance - Effective 1/1/93 -273- Attachment D COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: December 9, 2009, 8:00 am G.F. No. or File No. 094887945 issued: December 29, 2009, 8:00 am (if applicable) The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: PROPOSED INSURED: TO BE DETERMINED (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE I NSURANCE - ONE -TO -FOUR FAMI LY RES DENCES (Form T -1 R) Policy Amount: PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (FormT -2) Policy Amount: PROPOSED INSURED: Proposed Borrower: TO BE DETERMINED (d) TEXAS SHORT FORM RESI DENTIAL MORTGAGEE POLICY OF TI TL E INSURANCE (Form T -2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: (e) MORTGAGEETITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (FormT -13) Binder Amount: PROPOSED INSURED: Proposed Borrower: (f) OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Corr>tment is Leasehold Estate 3. Record title to the land on the Effective Date apps to be vested i n: CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATI ON VIA: Patent Deed dated January 4, 1924, from the State of Texast°City of Corpus Christii, recorded under Clerk's File No. 13211, Volume 144, Page 626, Deed Records of N ueces County, Texas and in Patent issued by the State of Texas to the City of Corpus Christi, recorded under Cler k's File No. 209484, Volume 312, Page 269, Deed Records of NuecesCounty, Texas 4. Legal description of the land: All that certain tract, piece or parcel d land being a portion of STATE ABSTRACT NO. 2673, SURVEY 803, situated in the City of Corpus Christi, Teas, and being more particularly described asa portion of an Un- Numbered ShorelineBlock, located South of Sherill Park, bounded on the North by Kinney Street, on the East and We by Shoreline Boulevard, and on the South by Park Avenue, asshown on the map of "THE BAYFRONT PLAN OF CORPUS CH RI STI , TEXAS', recorded in Volume 9, at Pages38 to41, Inclusive, Map Records of NuecesCounty, Texas, and being more particularly described by metes and boundsasfdlows, to-wit: (Secure a current on the ground survey showing the exact boundaries of the property to be conveyed in the current transaction.) Alamo Title I nsurance Page 1 -274- Attachment D COM MITMENT FOR TITLE INSURANCE SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exd us ons and Conditions and Sti puled ons, your Policy will not cover loss, costs attomeyd fees, and expenses resulting from: 1. The foilowing restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Clerk'sFileNo. 151920; Volume258, Page550, Deed Records of NuecesCounty, Texas, such document re- recorded as Clerk's File No. 152945, Volume260, Page227, Deed Records of NuecesCounty, Texas Clerk's File No. 151921, Volume 258, Page 551, Deed Records of NuecesCounty, Texas sich docwnent re- recorded asClerk's File Na 152946, Volume260, Page230, Deed Records°, NuecesCounty, Texas Clerk's File No. 167495, Volume 272, Page498, Deed Recordsof NuecesCounty, Texas RESTRI CTI ONS I ND] CATI NG A PREFERENCE, LI M ITATION OR DISCRI M1 NATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT MID COVENANT (a) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (b) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, ARE HEREBY DELETED TO THE EXTENT SUCH RESTRICTIONS VIOLATE 42 USC 3607 (C). 2. Any di screpaxi es, conflicts, or shortages in area or boundary I i nes, or any encroachments or protrusions or any overlapping of improvements 3. Homestead or community property or survivorship rights, if any, of ay spouse of any insured. (Applies to the Owner Policy only). 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes bays, gulfs or oceans, or b. to tang beyond the line of habor or bulkhead 1 i nes as establ i shed or charged by ay government, or c. to filled-in !aids, oratifiaal islaids, or d. to statutory water rights, induding riparian rights, or e to the wee extending from the 1 i ne of mean low tide to the I i ne of vegetation, or the rights of access to that area or easement along aid across that area (Appliesto the Owner Policy only.) 5. Standby fees, taxes aid assessments by any taxing authority for the year 2010, and subsequent years and subsequent taxes and assessments by any taxi ng authority for prior years due to change in laid usage or ownership, but not those taxes or assessments for prior years because of an exemption grated to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvenents not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy (T -2R) is issued, that policy wi l l substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year and subsequent yeas") Alamo Title I nsurance Page 1 —275— Attachment D 1 1 Continuation of Schedule B G.F. No. 094887945 6. The terms and conditions of the documents creati ng your i nterest i n the land. 7. Materials furnished or Tabor performed in connection with planned construction before signing and delivering the lien document described i n Schedule A, if the land is part of the homestead of the owner. (Appl i es to the Mortgagee Title Policy Binder on Inter' m Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordi nate to the lien of the insured mortgage. (Applies to Mortgagee Policy (T -2) only.) 9. The Exceptions from Coverage aid Express i nsurance in Schedule B of the Texas Short Form Res denti al Mortgagee Policy (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy (T 2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T -2R). 10. The fol lowing matters and ail terms of the documents creating or offering evidence of the rnatters (We mu insert matters or delete this exception.): a. Rights of Parties in Possession. (Owner's Policy Only) b. Any visible and apparent unrecorded easements on the insured property. (Owner's Policy Only) c. Rights of tenants in possession under any and all outstanding lease agreement recorded or unrecorded d. Building, Zoning, Platting and Regulatory Ordinancesof the City of Corpus Christi, Tetras e. Exception and Reservation d all mines and mineralsand mineral rights, induding oil and gas inand under said land, together with the right toaster thereon for the purpose of development, by the State of Texas in Patent issued by Pat M . Neff, Governor of the State of Texast° the City of Corpus Christi, Texas, dated January 4, 1924, recorded under Clerk's File Na13211,Vdume 144, Page626, Deed Reeordsaf Nueces County, Texas together with all rights incident to the owners and lessees d the minerals Title to said interest not checked subsequent to dated aforesaid instrument. f. Exception and Reservation of all minesand minerals and mineral rights, including oil and gas in and said land, together with the right to enter thereon for the purpose d devdopment, by the Patent issued by Coke R. Stevenson, Governor of the State of Texasto the City cf Corpus Christi, Texas, dated July 6,1945, recorded under Clerk's File No, 209484,Vdume 312, Page 269, Deed Records°, Nueces County, Texas together with all rights incident to the owners and lessoesof the mimesis Title to said interest not checked subsequent to date of aforesaid instrument. All of the oil, gas and other minerals together with rights appurtenant thereto, are EXCLUDED FROM COVERAGE under this policy, the entire mineral estate having been reserved unto predecessors in title, and subject to any valid oil and gas leases affecting the above desa'ibed property, but only to the extent dill effective and of record in the office of the County Clerk of NuecesCounty, Texas h. ANY TI TLES OR RI GHTS asserted by anyone, including but not limited to persons, corporations, gcvernmentsor other entities to tidelands, or lands comprising theshoresar beds°, navigable or perennial riversand streams, lakes, bays, gulfs, or oceansor to any land extending from the line of mean kw tidest° the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government cr tofilled tan* ar.artifidal islands, or to riparian rl tsor the rightsor interest of the State c1 Texas, or the public generally in the area extending from the line of mean low tide to the lined vegetation er their rigitsd accessthereto or right to easement along and acroesthe same. g. Alamo Title I nsurance Page 2 -276- Attachment D Continuation of ScheduleB G.F. No. 094887945 i. Item intentionally deleted. j. Any encroachment, encumbrance violation, variation, or adversecircunstance affecting the title that would be disclosed by an accurate and complete land survey of the land. k. All leases, grant% exceptions or reservationsof coal, lignite, oil, gasand other minerals, together with all rights; privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grant% exceptions or reservations of mineral interest that are not listed. Alamo Title I nsurance -277- Attachment D Deno C of 11 COMMITMENT FOR TITLE INSURANCE SCHEDULE C Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following requi rements that wi l l appear as Exceptions i n Schedule B of the Policy, unless you dispose of the matters to our sati sfacti on, before the date the Policy is issued: 1. Documents creed ng your titieor interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a no person occupying the laid clams any interest in that land against the persons named in paragraph 3 of Schedule e A, b. ail standby fees, taxes, assessments and charges aga nst the property have been paid, c. all i mprove<nents or reps rs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppl iers have been fully paid, and that no mechanic's, laborer's or material men's liens have attached to the property, d. there is legal right of axeto and from the Ia,d, e. (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect thevalidity and priority of the insured mortgage. 3. You must pay the sel I er or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed alter the effective date of this Commitment. 5. The insured trasaction purports to be a lease of the land by the City of Corpus Christi. In canpliance with the requirement cf Artide5421j -1 of the Vernon's Annotated Texas Statutes, Company requiressatisfactory evidence the Lease transaction was properly authorized by the City of Corpus Christi with a specific finding that the tease is in the best interest of the City. If the insured transaction isa sale of the property, Caniany reservesthe right to make additional requirements and/or exception. Alamo Title 1 nsurance —278— Countersigned Security Escrow & Title, L.L.C. dba Security Title Page 1 Attachment D COM M ITM ENT FOR TITLE INSURANCE SCHEDULE D G.F. No. or File No. 094887945 Effective Date December 9, 2009, 8:00 am Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the wri ti ng of Title I nsurance in the State of Texas, the fol I owi ng disclosures are made 1. The foJ lowing individuals are di rectors and/or officera indicate, of the Title InsuraiceCompany issuing this Commitment DIRECTORS OFFI CERS Christopher Abbinante Roger S. Jewkes Erika Meinhardt Raymond R. Quirk Alan L. Stinson John A. Wunderlich Raymond R Quirk John A. Wunderl ich Anthony J. Pat Dane! K. M urphy Michael L. Gravel le President Executive Vice President Chief Fnardia Officer Treasurer Secretary Chico Title and Trust Company owns 100% of Alamo Title Holding Company and Alamo Title Holding Company owns 100% of Alamo Title l nsura 2. The fol lowing disclosures ere made by the Title I nsurance Agent issuing this commitment: Security Escrow& Title L.L.C. dba Security Title: a The names of each shaehoi der, owner, partner or other person having, awning or control I i ng (1%) or more of the Ti tie I nsurance Agent that wi I I receive a portion of the premi um are as foI I ows M ark B. Gi I breath, M ember; BradI ey A. Smith, Member; Robert C. Morris Member; Betty DeReese, Member. b. Each shaeholder, owner, partner or other person having, owning or controlling 10% or more of at entity that has, owns or controls 1% or more of the Title 1 nsurance Agent that will receive a portion o f the premium are as fo1 I ows Na c. The f of lowing persons are officers and di rectors of the Ti tie I nsuraice Agent: Security Escrow & Title, L.L.C. d/b/aSecurity Title is amember- managed limited liability compaiy mmaged by the miembers named above 3. You are entitled to receive advance disclosure of settlement diages in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the naiie of any person, firm or corporation receiving a portion of the settlement of this transaction will bedisdosed on the dosing or settlement statement. You ere further advised that the estimated title pre um is Owners Policy $0.00 Mortgagee Policy $0.00 Endorsement Charges Other $0.00 Total $0.00 Of this total amount: 15% will be pad to the policy issuing Title Insurance Company: 85% will be retained by the issuing Title I nsura ce Aunt; aid t h e remainder o f the estimated prerrii um wi I l be odd to other panes as follows Arnold To Whom For Services 25.00% SJTS Title Evidence & Exam 'The esti mated premium is based upon information furnished to us as of the date of this Conxritmerit for Title I nsurare. Find determination of the amount of the premium wi l i be made at dosing i n accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, aid C ae attached. Alamo Title lnsurance Page 1 -279- Attachment D TEXAS Ti TLE I NSURANCE INFORMATION Title i nsurance i nsures you ergot nst loss resin ti ng from certai n risks to your title. The Commitment for Title i nsurance is the title i nsurmce company's promise to issue the title i nsurance policy. The Commitment is legal document You should review it carefully to completely understand it before your doting date. 8 seguro de titulo I e asegura en rel act on a perdi dos resin tastes de clertos ri esgos que pueden afectar el titulo de su propi clad. El Comr proviso para Seguro de Tituio es Ia promesa de la compania aseguradora de titulos de erxiti r Ia poliza de saguro de titulo. EI Comprorriso es un documento legal. Usted debe I eeri o cui dadosamente y entendari o eompl etamente antes de la fecha para fi nalizar su transaction. Your Commitment for Tide Insuranceisa legal contract between you and us. The Commitment is not an opinion or report of your title It is a contract to issue you a policy subject to the Commitment's terms and requirements Before issuing a Commitment for Tide Insurance (the Commitment) or a Title insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determi nation has already been made Part of that determination involves the Company's decision to insure the title accept for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule Bof the attached Commitment asExceptions Other risks are dated in the Policy as Exclusions These risks will not be covered by the Policy. M I nerals and Mineral Rights may not be oovered by the Policy. The Company may be unwilling to insure title unless there is anmclueonoranecceptionasto Minerals and M i nerai Rights in the Policy. Optional endorser Tents insuring certain risks involving minerale aid the use of improvements (excluding lawns shrubbery and trees) and permanent buildings may be available for purchase. Neither this Policy, nor the optional endorsements, insure that the purchaser has tide to the mineral rights related to the surface eetata Another part of the determination involves whether the promim to insure is conditioned upon catain requirements being met. Schedule Cof the Commitment lists these requi revrerts that must be satisfied or the Company will refuseto cover them You may wait to deans any matters shown on Schedules B and C of die Commitment with an attorney. These matters will affect your tide sad your use of the lard. When your Policy is issued, the coveragewill be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions aresho wnon Schedule Bordiscussed in Schedule 0 of the Commitment. They can also be added if you do not comply with the Cord ltionssection of theCormritment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy_ - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discuseed in the Cotmitment. - CONDITIONS are additional provisions that qualify or limit your coverage Conditions include your responsibi Ries and tom of the Company. They are contained in the Policy but not shown or discussed in the Camiitment. The Pol icy Conditions are not the sane asthe Commitment Conditions You can get a copy of the policy form approved by the State Board of Insurance by calling the Title Insurance Company at or by calling the tide i nsuraice agent that issued the Commitment. The Sate Board of Insurance may wise the policy form from time totime. You can also get a brochure that explains the Policy from the Texas Department of Insurance by cling 1-800-252-3439. Before the Policy is issued, you may request changes in the Riley. Sorne of the changes to consider are - Request amendment of tle "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey or comply with other requirenentsaf theCanpany. On the owner Pdicy, you must pay en additional premium for the anehdme t. If the survey isacoeptabie to the Company or If the Company's other requirements aremet, your Policy will insure you against loss because of discrepancies or oonflidsin boundary lines, encroachments or protrusions, or overImpi ng of improvements The Company may then decide not to insure against specific boundary or survey problems by making speda exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should detaminewhether you want to purchase and review a survey if a survey is not being provided to you. - Allow the Company to add an exception to "rights of parties i n possession." If you refusefhisecception, the Company or thetitie inauranceage t may inspect the property. TheCompany may swept to and not insure you against the rights of specific persons, such m renters, adve•se owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waver of Inspection form and allow the Company to add this e cception to your Policy. The entire premium for a Policy roust be pad when the Policy is issued. You will not owe any additional premiums unless you watt to increase your coverage at a later date and the Company agrees to add an (named Value Endorsement. Alamo Title I nsurance Page 1 -280- Attachment D Continuation of Texas Titie Information G.F. No. 094887945 IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL OUR TOLL- FREE TELEPHONE NUMBER (800) 292-5320 ALSO, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1- 800 -252 -3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2 whether an insurance company or agent is licensed, 3. complaints received against an insurance company or aged, 4. policyholder rights, and 5. a fist of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO: The Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714 -9104 FAX No (512) 475-1771 AVISO IMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA QUEIA LLAMEAL NUMERO GRATIS (800) 292 -5320 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1-800- 252 -3439 para obtone infonnacion sabre: 1. c mo somata una quej a en contra de una oompaiiia de aeguros o agente de seguros, 2. si una carrpailia de seguros o agente de seguros tiene lioenaa, 3. qurebiden contra de una cuiiptha deseguroso agents de seguros, 4. los derechos del asegurado, y 5. una listadepubl icacionesyservidos pare consumidoresdisponibies a traves del Depatamento. TAMBIEN PUEDE ESCRIBIR AL: Departana todeSegurosdeTexas P.O. Box 149104 Austin, Texas 78714 -9104 FAX No. (512) 475 -1771 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. Alamo Title I nsurance -281- Attachment D DELETION OF ARBITRATION PROVISION (Not Applicable to the Texas Residential Owner Policy) Arbitration is a common form of ai ternati ve dispute resolution, It can be a quicker and chi meals to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rightsto discovery of evidence may be limited in the arbitration process In addition, you cannot usually appeal an abi trator's awed. Your policy containsan arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less If you want to retain your right to sue the Company in case of a dispute over a daim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form axl returning it to the Company at or before the dosing of your real estate transaction or by writing to the Company. The Arbitration provision in the Policy is asfollows "Either the Company or the 1 nsured may demand that the dam or controversy steal I be submitted to arbitration pursuant to the Title I nsuranceArbitration Rules of the Amen Cal Land Title Association ("Rules' ). Except as provided in the Rules, there shall be no joinder or consolidation with dal ms or controversies of other persons Arbitrable matters may indude, but ere not I i mi ted to, any controversy or dam between the Company and the I nsured ale ng out of or rel ai ng to this pol i cy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or dam arid ng out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the I nsured, uniessthe Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of I nsurance is in excess of $2,000,000 shall be abitraed only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be bi ndi ng upon the parties Judgment upon the award rendered by theArbitrator(s) may be entered in any court of competent jurisdiction." I request deletion of the Arbitration provision. Signature Date Alamo Title Insurance -282- Attachment D Continuation of Summary Page G.F. No. 094887945 Privacy Policy Notice May 7, 2001 Security Escrow & Title, L.L.C. dbaSecurity Title PURPOSE OF THIS NOTICE TitleV of the Gramm -Leach Bliley Act (GL BA) generally prohi bits any financial institution, directly or through its affiliates, from sharing non - public personal information about you with a non - affiliated third party unless the institution provides you with a notice of its privacy policies and practices; such as the type of information that it col I ects about you and the categories of persons or entities to whom it may be disclosed. I n compl lace with the GL BA, we are providing you with this document, which notifies you of the priv-y policies and practices of Security Esrow& Title, L.L.C. dba Security Title. We may collect non- public personal information about you from the following sources -I nformaion we receive from you such as on applications or other forms -I nformation about your transactions we secure from our files, or from others. -I nformation we receive from a conalmer report ng agency. -I nformati on that we recta ve from others involved in your transaction, such as the real- estate agent or lender. Unless it is specifically shed otherwise in an amended Privacy Policy Notice, no additional non - public personal information will be collated about you. We may di sc ose any of the above information that we collect about our customers or former customers to our affi I i ates or to non- affil iated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of non - affiliated companies that perform marked ng services on our behalf or with whom we have j of nt maketi ng agreements:; -Fi na ld service providers such as compani es engaged in banking, consumer finance, securities and i r�surance. - Non- financi compani es such as envelope stuffers and other fulfillmerit service providers WE DO NOT DISCLOSE ANY NON - PUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to non - public personal information about you to those employees who need to know that information in order to provide products or servioesto you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non - public personal information. Alamo Title I nsurance Page 2 -284- Attachment D Demolition Schedule (Original) 1:1111 0 0 a r N 1 29- Mar -10 7-Jun-10 Ilst advertisement 2nd Advertisement 9 0 .0 am Contract Award Notice To Proceed . 0 c E g 3 o i. as 2 3 3 3 3 3 3 May g o a 3 ; 0 r E Q 3 3 g Mar -10 g 3 3 5 3 3 1 Memorial Col ° It LL WI W2 W3 W4 11 t d IL 3 11 3 o C g 3 O C . 3 i E Dec-09 E os R a O 3 g 3 3 Description c re c e e Remediatlon Plan & Estimate Snare P a u s ev .6 Q m o 2 o G 1 O w 0 4 0 0 0 0 • u. 0 N 0 0 m A 0 0 0 O E. 0 0 Y a0 •6 00 $e• Q 0 • E W .6 1 W aR d 0 S 0 0 Demolition Schedule (Revised) 0 0 7T7a• N 0 0 a r N 1 29- Mar -10 7-Jun-10 Ilst advertisement 2nd Advertisement 9 0 .0 am Contract Award Notice To Proceed Begin Construction End Construction 0 c E 3 3 3 3 May g 0 r E Q 3 3 g 0 is 2 3 3 5 3 3 Memorial Col t d IL 3 3 g 3 O C . 3 E E os R a O 3 3 3 1 3 Description c cc et .E c lz g e • f e ns.nn Plsne l Snecs i i 2 1 0 A is ° o s io -285- Description Strat Date Finish Date Duration Weeks Legend Asbestos Inspection & Report 7- Dec-09 20.01c -09 2 Demo Plans & Specs 19- Dec-09 17-Jan-10 4 Bidding & Contract Award 18-Jan-10 12- Mar -10 8 DemolMon 16- Mar -10 7-Jun-10 13 as m 0 0 a 0 u a 0 • • 4) r 0 • u n 0, .6 • R a E O 0. 0 Contract Dates 0 0 7T7a• N 0 0 a r N 9- Mar -10 19- Mar -10 29- Mar -10 7-Jun-10 Ilst advertisement 2nd Advertisement 9 0 .0 am Contract Award Notice To Proceed Begin Construction End Construction Attachment E 0 ri ttO w a 24 NO ATTACHMENT FOR THIS ITEM 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi Ozone Trending and Future Attainment STAFF PRESENTER(S): Name Title /Position Department 1. Peggy L. Sumner Director Environmental Services 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Gretchen Arnold Director TAMU -CC Pollution Prevention Partnership 2. 3. BACKGROUND: The City of Corpus Christi has been one of the largest industrialized cities in the nation that has remained in attainment for ozone air quality due largely to voluntary efforts by local industry and the City of Corpus Christi's work with EPA, TCEQ, Texas A &M - Kingsville and Texas A &M- Corpus Christi. EPA is considering revising ozone air quality standards in December 2009 which may impact the attainment status of many cities, including Corpus Christi. This presentation was requested by Ms. Nelda Martinez to inform City Council in more detail of our current status, trends and the potential impacts of revised ozone air quality standards. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information -293- PeggjL. S n 'r Director of Environmental Services PeggyS @cctexas.com (361) 826 -1868 "lEj .ca) o }' 0 LL-o co Corpus Christi -56Z- 2007 -2009 2007 -2009 _o • (/) 0 0 (^ ) V1 0 O a) c tp" 0 o y-- 0 0) •- 0 0 > "0 0 0 a) :4_, a) " o rt1 :4-• E a O -a a) 0 ..,(A -F-+ '- LL+ # 0 O 0 42 E > c - o ,U !4- 0_ �U (/) ca 0 0 0 0 U N 0 0 Q CL co W o 0 Q U � - _c co _o 0 9- 0 CT) -E3 .u) 0 0 _o 0 0 c0 0 O Q 40 —00 cO Z 'c� U ->1 4— Q 0 o co CT C/) o E --,71 CD .0 "0 tf c ." C C co c 'a' -0 4) 4) U ›, , O O v D E o E (f) a > O 8 .c a CT c � a) - it., w 0.. a) .E 0 c Vi = O Q 6 E c lc o O O c� Ua- s_ -2 o O Q O D :9: ?Nc ..0 u) a) cf) -r3 0 M o �' c 0 co 0 U.) . C -cho .u5c io 'co 2 7c O cn c-1,-2 D D 0- mOQLLO2E • • . . 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