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Agenda Packet City Council - 02/16/2010
February 16,2010 11:45 A.M. - Proclamation declaring Tuesday, February 16, 2010 as "Half Price Books Half Pint Library Day" Proclamation declaring Tuesday, February 16, 2010 as "Susan Torrance USTPA Texas Facility Manager of the Year Day" Proclamation declaring the week of February 14 — 20, 2010 as "National LULAC Week" Recognition of "2009 United Way Key Club Members" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members "At Your Service" Awards, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 16, 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 Reverend Charles Blackshear, First Presbyterian 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 Chris N. Adler Council Members: Brent Chesney City Manager Angel R. Escobar Larry Elizondo, Sr. Interim City Attorney Lisa Aguilar Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting February 16, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of February 9, 2010. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. 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. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support 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.) 2. Motion approving the purchase of one (1) Peterbilt truck tractor and four roll off containers from Rush Truck Center, of Houston, Texas for a total amount of $242,764. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). The truck tractor and containers are additions to the fleet and will be used by the Wastewater Department. Funding is available from the FY 2009 -2010 Capital Outlay Budget in the Fleet Maintenance Fund. (Attachment # 2) Agenda Regular Council Meeting February 16, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the purchase of three (3) boom mower tractors from Alamo Sales Corporation, of Seguin, Texas, for the total amount of $354,452.19. 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 Storm Water Department. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. (Attachment # 3) 4. Ordinance appropriating $16,885.27 from abandoned /unclaimed monies from the Police Property Room, amending the FY 2010 budget adopted by Ordinance No. 028252 to increase appropriations by $16,885.27 in the No. 1020 General Fund Police Department budget to pay for security upgrades in the main Police building and enhancements to the Police Property Room. (Attachment # 4) 5. Ordinance appropriating $3,341.12 in interest income accrued on an advance payment on a grant from the Texas Commission on Environmental Quality deposited in the No. 1071, Community Enrichment Fund, for Air Quality Research and Planning. (Attachment # 5) 6. Motion amending Motion No. M2009 -132 providing for rotation of Mayor Pro Tem order of service. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a construction contract with Palacios Marine and Industrial Coating, Inc. of Port Lavaca, Texas, in the amount of $249,960.72 for Whitecap and Laguna Madre Wastewater Treatment Plant Clarifier Rehabilitation for the Total Base Bid Parts A, B, C and D and Additive Alternate No. 1. (Attachment # 7) 8. 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 $887,500 for the South Guth Park Ball Field Relocation —Sports Field Lighting Project. (Attachment # 8) Agenda Regular Council Meeting February 16, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9. Motion authorizing the City Manager or his designee to execute a contract in the amount of $72,750 for Homeland Security Improvements utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the professional architectural /engineering services contract with Jacobs Engineering Group, Inc. of Ft. Worth, Texas, in an amount not to exceed $662,976.50 for a restated not to exceed fee of $738,376.50 for the Corpus Christi International Airport: (Attachment # 10) • Task Order 4 — Terminal Rehabilitation Design through Construction Phase Services - Federal Inspection Station Facility Renovation /Expansion • Task Order 5 — Wildlife Hazard Analysis • Task Order 6 — Electrical Tunnel Structural Integrity Investigation. 11. Resolution declaring and dedicating a 12.269 acre tract of land (out of Lots 14 and 15, Block 56, Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas) as a Wetland Preserve; authorizing the City Manager or his designee to execute and record the required real estate instrument (Deed Restriction /Conservation Easement) and any other necessary documents; and authorizing the City Manager or his designee to take actions necessary to maintain the protected property as a Wetland Preserve subject to and in accordance with the success criteria in the Mitigation Plan revised September 2, 2009, Department of the Army Permit No. SWG- 2006 -01048 (formerly #24279), for the Laguna Shores Road, Graham to Hustlin Homet, Street Improvement Project No. 6278. (BOND ISSUE 2004) (Attachment # 11) 12. First Reading Ordinance — Amending the Code of Ordinance Section 53 -255, Schedule VI, Decrease of State Law Maximum Speed, by revising the speed limit on Park Road 22, from a point 1,000 feet south of Whitecap Boulevard to a point approximately 2,300 feet south of Whitecap Boulevard, from 55 miles per hour to 35 miles per hour, when school speed zone lights are flashing, providing for penalties; and providing for publication. (Attachment # 12) Agenda Regular Council Meeting February 16, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13. Second Reading Ordinance — Authorizing the City Manager or his designee to execute a second amendment to the lease agreement between the City and South Texas Institute for the Arts to decrease the leased premises in order to create the Antonio E. Garcia Park. (First Reading — 01/19/10) (Attachment # 13) 14. Second Reading Ordinance - Dedicating the approximately .98 acre area located adjacent to the building currently occupied by Antonio E. Garcia Arts and Education Center, located at the intersection of Agnes Street and 17th Street, as the "Antonio E. Garcia Park ". (First Reading — 01/19/10) (Attachment # 14) I. 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. 15. Executive session under Texas Government Code Section 551.072 to deliberate the purchase of real property, since the deliberation in an open meeting could have a detrimental effect on the position of the governmental body in negotiations with a third person. J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 16. Motion confirming the City Manager's appointment of Carlos Valdez to serve as City Attorney effective March 15, 2010. (Attachment # 16) 17. First Reading Ordinance — Repealing Ordinance No. 027971, passed and approved on December 9, 2008 and amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular Agenda Regular Council Meeting February 16, 2010 Page 6 18. 19. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) traffic on the Gulf Beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a vehicle- free area when the distance between the toe of the seawall to the mean high tide line is Tess than 150 feet in width; allowing the operation of vehicles within 50 feet of the water's edge when parking and when soft-sand conditions prevent the safe transit of vehicles on the upper beach; allowing two -way vehicular traffic on the Gulf Beach between the northern end of the seawall and Padre Balli Park (Beach Access Road # 4); establishing a pedestrian safe area in the area seaward of 50 feet from the mean high tide line between the northern end of the concrete seawall and the Packery Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations to show the approximate location of bollards to be installed on the beach; providing for penalties; providing for publication; and providing for a delayed effective date. (Attachment # 17) a. Motion authorizing the City Manager or his designee to execute an amendment to the service agreement with Dolphin Sales and Service, Inc., doing business as Dolphin Recycling, to revise the amendment to recognize a conditional 15 -year term, set a minimum monthly volume of recycling, establish fees and rebates, and modify other contractual provisions. (Tabled on 02/09/10) (Attachment # 18) b. Discussion, consideration, and possible action regarding recycling program options. (Attachment # 18) a. Resolution establishing the City's intention to reimburse itself, in an amount not to exceed $8,000,000, for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the Utility System; authorizing matters incident and related thereto; and providing an effective date. (Attachment # 19) Agenda Regular Council Meeting February 16, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance advancing $8,000,000 from the No. 4050 - Choke Canyon Fund to and appropriating into the No. 4087 Water 2010 TWDB -WIF Loan Fund for expenditures related to the planning, design, and permitting of a pipeline and related facilities between the Colorado River and the Mary Rhodes Pipeline pumping facility at Lake Texana; providing for repayment of the $8,000,000 to the No. 4050 — Choke Canyon Fund from the sale of bonds to the_ Texas Water Development Board. (Attachment # 19) c. Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $9,676,590, for a total restated fee of $10,990,177 for Mary Rhodes Pipeline Phase 2 for preliminary design, design, bidding and construction phase services and additional services. (Attachment # 19) 20. Second Reading Ordinance — Amending Article IV, Chapter 2, Code of Ordinances, City of Corpus Christi, by adding a new Division 29 to establish the Island Strategic Action Committee; providing for publication. (First Reading — 01/26/10) (Attachment # 20) L. PRESENTATIONS; Public comment will not be solicited on Presentation items. 21. Economic Stimulus Initiative Update (Attachment # 21) 22. New Broadway Wastewater Treatment Plant Project Update (Attachment # 22) 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.) Agenda Regular Council Meeting February 16, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at A:30 p.m., on February 11, 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. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 9, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Brent Chesney Larry Elizondo, Sr. Kevin Kisechnick Priscilla Leal Nelda Martinez ABSENT John Marez Mark Scott 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 Pastor David Lewis with Bayshore Bible Church and the Pledge of Allegiance to the United States flag was led by Council Member Brent Chesney. 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 regular Council meeting of January 26, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Committee for Persons with Disabilities Abel Alonzo (Reappointed) Thomas Dreyer (Reappointed) Irene Martinez (Reappointed) Maria Bertha Chapa Romero (Appointed) Community Youth Development (78415) Program Steering Committee Christina Cisneros (Appointed) C.C. Aquifer Storage and Recovery Conservation District (Confirmation of Officers) Oscar Martinez, President Margie Rose, Vice President Mechanical /Plumbinq Advisory Board Fred Segundo, Secretary Mike Wanzer (Reappointed) Elvin P. O'Bryan (Reapponted) Sean M. Rodriguez (Reappointed) Stacey Gallagher (Appointed) James E. Mokry (Appointed) Joint Land Use Study Committee Mayor Joe Adame (Appointed) Council Member Mark Scott (Appointed) Senior Companion Program Advisory Committee Monica Rodriguez (Appointed) Carmela P. Quintanilla (Appointed) Minutes — Regular Council Meeting February 9, 2010 — Page 2 * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 3 - 8). There were no comments from the public. Council members requested that Items 5 and 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION NO. 028476 Resolution authorizing the City Manager or his designee to accept a grant of $139,842 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and to execute all related documents; and ratifying acceptance of the grant agreement to begin January 1, 2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. 3.b. ORDINANCE NO. 028482 Ordinance appropriating a grant of $139,842 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. 4. ORDINANCE NO. 028477 Ordinance appropriating payments from Nueces County, in the amount of $15,500, and from the City of Corpus Christi, in the amount of $7,750, in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness - Board, for services to be provided by the board. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. 6. MOTION NO. 2010 -026 Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $594,295 for the Southmoreland Addition Street Improvements, Phases 3B and 4B, Part 2. (CDBG -R) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. Minutes — Regular Council Meeting February 9, 2010 — Page 3 7 MOTION NO. 2010 -027 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Stridde, Callins & Associates, Inc., of Corpus Christi, Texas, in the amount of $74,067 for design, bid, construction, phase and additional services for Rehabilitation of City /County Health Department Facility. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. Mayor Adame opened discussion on Item 5 regarding the City authorizing Beeville Water Supply District to sell wholesale water to Blueberry Hills Water Works LLC. Council Member Leal asked questions regarding how long the Texas Commission on Environmental Quality (TCEQ) has been aware that the Blueberry Hills Water Works wells were contaminated with arsenic. Assistant City Manager Oscar Martinez stated that he did not have that information. Ms. Leal expressed concern for the health and safety of the people receiving water from Blueberry Hills Water Works and was happy that this would resolve the issue. Council Member Martinez clarified for the public that the arsenic issue was not in the City of Corpus Christi. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 028478 Resolution authorizing the Beeville Water Supply District to sell wholesale water to Blueberry Hills Waterworks, LLC, subject to certain conditions. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. Mayor Adame opened discussion on Item 8 regarding the City entering into outside city limits water contracts with residents in the London Club Estates Subdivision. Council Member Kieschnick asked questions regarding the looping of the water system. Assistant City Manager of Development Services Johnny Perales stated that the extension of the water main was extended to the London Club Estates Subdivision and there are additional services demands at the end of the main extension. Mr. Perales added that the main does not connect to another grid main but the subdivision is looped. In response to Council Member Adler, Mr. Perales stated that the City is obligated to bring each water contract to the City Council; however, the second action is requesting that additional requests on the remaining 110 properties be handled administratively without bringing each agreement to the City Council for approval. Council Member Martinez asked whether the Hendersons were still missing the required documentation. Mr. Perales reported that the Hendersons had the required documents and a building permit is ready. Ms. Martinez asked staff to make sure that all future property owners have the specified City requirements. In response to Council Member Leal, Mr. Perales explained that the water line was constructed by the developer and that the City did not pay for any construction or installation of the water main. Mr. Perales added that the customers in the subdivision will pay the outside city limits water rate. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting February 9, 2010 — Page 4 8.a. MOTION NO. 2010 -028 Motion authorizing the City Manager to enter into an outside city limits water contract with Derek and Esmeralda Henderson to provide public water to their property located outside the city limits on Lot 15, Block 7, London Club Estates under Section 55 -111, Code of Ordinances. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. 8.b. MOTION NO. 2010-029 Motion authorizing the City Manager to enter into outside city limits water contracts with the property owners in London Club Estates to provide public water to their respective properties located outside the city limits without bringing each agreement to the City Council for approval under Section 55 -113, Code of Ordinances. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. * * * * * * * * * * * ** Mayor Adame referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0110 -01, Anthony's Aveda Concept Salon: A change of zoning from the "AB" Professional Office District to the "B -1" Neighborhood Business District on the property described as Sunnyside Strip, Lot 13 and Lot 14A, generally located on the corner of Jacquelyn Drive and Everhart Road, approximately 400 feet northwest of the intersection of Everhart Road and Staples Street. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the 2009 aerial photo; zoning map; the existing land use map; site map; zoning district information; views of the subject property; future land use map; and departmental comments. Ms. Goode -Macon stated that the Planning Commission and staff recommended approval of the "B -1" Neighborhood Business District. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 028479 Amending the Zoning Ordinance, upon application by Anthony's Aveda Concept Salon, by changing the Zoning Map in reference to 0.33 acres out of Sunnyside Strip, Lots 13 and 14A, from "AB" Professional Office District to "B -1" Neighborhood Business 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. Minutes — Regular Council Meeting February 9, 2010 — Page 5 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. Mayor Adame referred to Item 10, and a motion was made; seconded and passed to open the public hearing on the following zoning case: Case No. 0110 -02, Ed Hicks Imports, Ltd.: A change of zoning from the "R-1B" One - family Dwelling District to the "B-4" General Business District on the property described as a 2.243 Acre Tract of Land out of Lexington Place, Block G, Lot 3, Block H, Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, generally located southeast of Ayers Street, approximately 1,000 feet northwest of Kostoryz Road, south of McArdle Road. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the 2009 aerial photo; zoning map; existing land use map; zoning information; views of the subject property; and future and use map. Ms. Goode -Macon stated that the Planning Commission and staff recommended approval of the "B-4" General Business District. Council Member Leal asked questions regarding the type of fencing required between the property and South Park Middle School and the depth of the retention pond. Ms. Goode -Macon stated that zoning ordinance requires a six (6) foot screening fence. Murph Hudson, Urban Engineering, explained that Ed Hicks and Corpus Christi Independent School District have worked out a contract and design for drainage. Mr. Hudson added that the retention pond is approximately 3 % feet at its deepest point and is positively drained. No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 028480 Amending the Zoning Ordinance, upon application by Ed Hicks Imports, Ltd., by changing the Zoning Map in reference to 2.243 acres out of Lexington Place, Block G, Lot 3, Block H, Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, from "R-1B" One - family Dwelling District to "B-4" General Business 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, and Martinez, voting "Aye "; Marez and Scott were absent. Mayor Adame referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0110 -03, Yorktown Oso Joint Ventures: A change of zoning from "R-1B" One - family Dwelling District to the "R -1 C" One- family Dwelling District on the property described as a 3.019 acre tract of land being all of Rancho Vista Subdivision Unit 4, Block 3, Lots 16 and 17, Block 2, Lots 15, 16, 17, 18, 19, 20, and a portion of Lot 21, and a portion of Fred's Folly Drive, and a portion of Flour Bluff and Encinal Farm and Garden Tract Section 25, Lot 20, generally located east of Rodd Field Road, west of Peterson Drive, and approximately 850 feet southwest of Yorktown Boulevard. -5- Minutes — Regular Council Meeting February 9, 2010 — Page 6 Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the 2009 aerial photo; zoning map; existing land use map; and future and use map. Ms. Goode -Macon stated that the Planning Commission and staff recommended approval of the "R -1C" One - family Dwelling District. 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: 11. ORDINANCE NO. 028481 Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Ventures, by changing the Zoning Map in reference to 3.019 acres tract of and being all of Rancho Vista Subdivision Unit 4, Block 3, Lots 16 and 17, Block 2, Lots 15, 16, 17, 18, 19, 20, and a portion of Lot 21, and a portion of Fred's Folly Drive, and a portion of Flour Bluff and Encinal Farm and Garden Tract Section 25, Lot 20, from "R-1B" One - family Dwelling District to "R- 1C" One - family Dwelling 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, and Martinez, voting "Aye "; Marez and Scott were absent. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 12 regarding an amendment to the service agreement with Dolphin Sales and Service, Inc. Assistant City Manager Oscar Martinez introduced the presentation team including Assistant Director of Solid Waste Operations Lawrence Mikolajczyk; Superintendent of Administration of Solid Waste Operations Paul Bass; and Assistant City Attorney Elizabeth H undley who were available to respond to questions. Mr. Martinez referred to a powerpoint presentation regarding the proposed program changes; program change benefits; staffing of the Solid Waste Department, summary of the contract; the expected program savings; and the recycling incentive program. Mr. Mikolajczyk showed the Council pictures of the new recycling plant; an example of a single stream system; and presorting stations. Council Member Kieschnick asked whether the City had gone out for an RFP for this process or looked at other options. Mr. Martinez stated that the City is bonded to the contract with Dolphin until December 2010. Mr. Kieschnick expressed concern that other options have not been considered for the recycling program. Mr. Martinez explained that staff continues to review steps and initiatives for privatization. Mr. Kieschnick stated that he did not support voting on this issue today. Council Member Martinez asked questions regarding the options on the current contract with Dolphin Recycling. Mr. Martinez explained that the City has the option to amend the contract to allow for the enhanced recycling to occur in August; continue with the current recycling services as it exists through December 2010 and then have the option to go out for bids; or change the entire structure of the recycling program. In response to Council Member Martinez, Mr. Mikolajczyk stated that the City would initiate the new contract for bid after June. Mr. Martinez stated that if the decision is to wait until the contract expires in December, it would allow the City to review its financial positions; give more opportunity to continue the educational campaign; and allows for an opportunity to reassess the entire recycling program for privatization. Minutes — Regular Council Meeting February 9, 2010 — Page 7 In response to Council Member Adier, Mr. Martinez stated that the current contract allows for five (5) year renewals. Ms. Adler also spoke regarding the minimum rebate for tipping fees. Ms. Adler said she was not ready to vote on this item today. Council Member Leal stated that she would like the utility bills to include a survey for citizens to provide feedback on recycling. Ms. Leal asked questions regarding the cost of the bins. Mr. Mikolajczyk reported that the new containers would cost $55.00. Mr. Martinez added that the City would recover the costs of the bins through the rates set by solid waste. Ms. Leal stated that she did not support once a week trash pickup. Council Member Elizondo spoke regarding the financial shortfall of the City and the terms of the contract. Mr. Elizondo stated that he was not prepared to vote on this issue today; however, he continues to support the recycling program. Council Member Chesney stated that the Council continues to support the continuation of recycling. Mr. Chesney added that the concern of the Council is that Dolphin would be making an investment of $4 million and the City would be committed to a 15 -year contract without reviewing all of the possible options for recycling. A brief discussion ensued regarding delaying the enhanced recycling program from August until after the term of the current contract expires in December 2010. Mayor Adame stated that when the Council made the decision to enhance the recycle program in August, the Council did not realize that the process wouldn't be through a competitive RFP process. Mayor Adame said he would like to have the full Council present to discuss this issue. Mr. Kieschnick made a motion to table Item 12 until February 16, 2010. The motion was seconded Ms. Martinez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. 12. TABLED UNTIL FEBRUARY 16, 2010 provisions. * * * * * * * * * * * ** Mayor Adame referred to Item 13 regarding the proposed amendments to the adopted Urban Transportation Plan and the adopted Future Land Use Plan. Senior Planner Bob Payne referred to a powerpoint presentation including the planning process; a map of the transportation plan; the three arterials discussed and a summary of the amendments. The summary of amendments included: Ennis Joslin from SPID to Holly Road; Ennis Joslin south of Holly Road; Holly Road east of Rodd Field; Wooldridge Road east of Rodd Field; Airline Road from SPID to Wooldridge Road; Staples Street south of Saratoga Boulevard to Oso Creek; Navigation Boulevard between IH 37 and Old Brownsville Road; Compton Road extension west of Flour Bluff Drive; Airline /Rodd Field Road Intersection; Williams Drive extension; collection street system South of Oso Creek; Weber Road south of Saratoga Boulevard to Oso Creek; intersection widening; planned capacity of arterial street; Nile Drive; South Loop Corridor; deletion of Tule Lift Bridge; Mustang Island Beach Access Collector; high speed water taxi; light rail concept; complete streets program; policy statements on street capacity on designated arterial or collector street and street widening for bike improvements; and future land use plans for the southeast corner of Rodd Field and SPID and County Road 52. —7— Minutes — Regular Council Meeting February 9, 2010 — Page 8 The following topics pertaining to this item were discussed: the traffic capacity at Staples and Timbergate; the definition of collector streets; whether the City worked in conjunction with the Metropolitan Planning Organization (MPO); limiting cul -de -sacs in subdivisions; how modifying the Williams Drive Extension would affect traffic between Airline and Staples Street; plans for improving Pharaoh Drive; the plans for the extension of County Road 52 and estimated timeframe; and improving traffic congestion on SPID between Everhart and Weber at the Best Buy shopping center. MayorAdame referred to Item 14 regarding a status report on the City's Master Plan updates and the adoption of the Unified Development Code (UDC). Assistant City Manager Johnny Perales referred to a powerpoint presentation including a background of the UDC; the adoption of the remaining UDC sections; other code amendments for 2010; a background of the City master plan; and the status of the transportation, storm water, wastewater, ADA, and water master plans. The following topics pertaining to this topic were discussed: park dedication fees; whether the City has had dialogue with the two projects affected by the park dedication /community enrichment assessments; when the platting ordinance amendments to modify developer trust funds will be presented to the Planning Commission; if master plans are an ongoing project; the plan for ground storage for the Mary Rhodes Pipeline, Phase II project; accessibility of information pertaining to the geographic location of disabled individuals; and South of Oso Creek. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. June Martinez, 4014 Herndon, provided the Council with four (4) revenue generating and cost saving ideas. Adan Delgado, 3123 Lanier Drive, spoke regarding drainage issues in the Tarlton Street and Whiting Drive neighborhood. Phil Rosenstein, 949 Bobalo, thanked the Council and the Senior Community Services Department for assisting the senior citizens in the community. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:57 p.m. on February 9, 2010. * * * * * * * * * * * ** Requested Council Action 2/16/10 Alternate Date 2/23/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) Peterbilt truck tractor and four roll off containers from Rush Truck Center, Houston, Texas for a total amount of $242,764. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). The truck tractor and containers are additions to the fleet and will be used by the Wastewater Department. Funding is available from the FY 09 -10 Capital Outlay Budget of the Fleet Maintenance Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award: Funding: The truck tractor will be used to transport wastewater sludge in the containers from the Oso Wastewater Treatment Plant to the Cefe Valenzuela Landfill. The equipment will be purchased through the cooperative purchasing agreement with TLGPC. The TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Maintenance Service Fund 5110- 40120- 550020 Capital Outlay Item No. A -77 Michael : arrera Assistant Director of Financial Services (361) 826 -3169 mikeb @cctexas.com —1 1 — Total Amount: $242,764.00 $242,764.00 le }ol PJemY NOIldI JOS3O m C) C 00't9L`etZ$ tf► N N ✓ V A b o o 0 �C CD 74: w 0 zc - 1 0 m X cnz --I m 0 cn C 0 z 0 -o on 0m CO (/) co = om m 3 Request Council Date: 02/16/10 Alternate Date: 02/23/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of three (3) boom mower tractors from Alamo Sales Corporation, Seguin, Texas, for the total amount of $354,452.19. 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 Storm Water Department. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award Funding: The three mowers will be used by Storm Water to mow storm water ditches throughout the City. These tractors are equipped with specialized boom arms that allow for the mowing of 25 -30 foot deep ditches. All units are replacements to the fleet. The three mowers being replaced are all over ten years old and have reached the end of their service life. Maintenance costs to keep these units operational have exceeded $50,000 each over the last two years of service. These replaced units will be disposed of through standard disposal of surplus property procedures, including live and/or electronic auctions. The Storm Water Department is responsible for the mowing and upkeep of 650 acres of drainage ditch right -of -ways. Approximately 40% of that acreage is maintained by a private contractor. The remaining ditches are mowed by the Storm Water Department. The equipment will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. H & V Equipment Services, Corpus Christi, Texas, will be the local delivering, servicing, and warranty provider for the mowers. Purchase of (3) Mowers Maintenance Services Fund 5110- 40120 - 550020 Capital Outlay Item Nos. A -59, A -60, & A -61 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb@cctexas.com —15— FY 09 -10 $3 54,452.19 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BI- 0091 -10 BUYER: ELISA COVINGTON DATE: 02/16/10 ITEM DESCRIPTION 1. John Deere 7130 JD /4wd/16X16 creeper gear with Alamo- Maverick 30' Boom Mower and 60" Maverick Cutting Head including extended factory warranty 5 year /5000 hours. "Full Machine" 7130 tractor 2. John Deere 6430 JD /4wd/16X16 creeper gear with Alamo - Axtreme 28' Joy Stick Controlled Boom Mower and 60" Axtreme Cutting Head including extended factory warranty 5 year /5000 hours. "Full Machine" 7130 Tractor QTY. 2 1 UNIT Each Each Alamo Industrial Seguin Texas Unit Extended Price Price $122,445.73 $244,891.46 $109,560.73 $109,560.73 Award Total $354,452.19 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/16/2010 AGENDA ITEM: Ordinance appropriating $16,885.27 from abandoned/unclaimed monies from the Police Property Room, amending the FY 2010 budget adopted by ordinance 028252 to increase appropriations by $16,885.27 in the 1020 General Fund Police Department budget to pay for security upgrades in the main Police building and enhancements to the Police Property Room , and declaring an emergency. ISSUE: Under the Texas Code of Criminal Procedure, Article 18.17, all abandoned or unclaimed property and monies in possession of the police department that are not evidence or contraband may be delivered to the "person designated by the municipality' for disposition. BACKGROUND INFORMATION: Proper procedure requires that notice be sent to the owner by certified mail, giving 90 days to reclaim the property. If no claim is received, the funds are available for city use and deposited directly into the City Treasury. Proper notification methods under the Code of Criminal Procedure were followed and no claims were received by purported owners of the funds. Therefore the monies are now available for city use. The Police Department will use the funds to enhance security systems by adding video cameras inside the main police building and to enhance the storage capabilities in the Police Property Room_ The video cameras have the capability of being monitored on the City network. REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation. D. Troy Riggs Chief of Police Troyr©cctexas.com 886 -2603 Attachments Deposit Slip CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed m411 Reviewed by: &tc " bate: t J�% Ext: (910 13 Bank Bag #_ - iii!. '3 L * PAY CODE ACCOUNT FUND • ORG. - 1 . l • PROJECT/ GRANT BUDGET YEAR AMOUNT /lime ..__ .__ - -:66 -- REMARKS Naiii#ez __ __ _ caj130 JDAD ____ ____ 1111 1111 vim _____ _____ ----- -- -- .� riljf *: - CASH VERIFICATION COUNT AM UNT CURRENCY SlOOs 5l ffoA7 COIN S SOs 110 s 20s :300 StOs RI S Ss 271 S Is q19 >rvs 9 IAA IA 50.50 44 50.25 9o2Q solo t 50.05 4oI 50.01 5312. if io0: 0O s 000.00 s (9000.1X? s 1 110.E s t 135•. Q $ 9iQ. CASH SUBTOTAL C a $ Uq,�, v-1 B �k ageselegalithiimieds $ 153 . 1 /lr,p Z SUBTOTAL $ CREDIT CARD (include tape) 5 _ GRAND TOTAL $ IG. O pp �,�i • l PO Male * If you have inserted a 2-digit Payment Code in the first column, leave the remohdng whom blank. If you have not inserted a Payment Code In the Ord column, you must complete the reaoaiadng columns. (I.e., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. WHITE/YELLOW - CENTRAL CASHIERING PINK • - DEPARTMENT COPY GREEN — PERMANENT FILE COPY Revised 11/01/99 4 COP Check: 1753. V OEM 121141'!913 lucid am 36144 Aimed teetered !16!65.27 C OF CORMS L MR MR 017OSIT O6LT 117.T 166 4112796 ORDINANCE APPROPRIATING $16,885.27 FROM ABANDONED /UNCLAIMED MONIES FROM THE POLICE PROPERTY ROOM, AMENDING THE FY 2010 BUDGET ADOPTED BY ORDINANCE 028252 TO INCREASE APPROPRIATIONS BY $16,885.27 IN THE 1020 GENERAL FUND POLICE DEPARTMENT BUDGET TO PAY FOR SECURITY UPGRADES IN THE MAIN POLICE BUILDING AND ENHANCEMENTS TO THE POLICE PROPERTY ROOM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $16,885.27 from abandoned /unclaimed monies from the Police Property Room is appropriated in the No. 1020 General Fund Police Department budget, amending the FY 2010 budget adopted by ordinance 028252 to increase appropriations by $16,885.27, to pay for security upgrades in the main Police building and enhancements to the Police Property Room. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of February, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: February 4, 2010 T. risha Dang Assistant City Attorney For City Attorney 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 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 G. Leal John E. Marez Nelda Martinez Mark Scott 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/16/10 AGENDA ITEM: AN ORDINANCE APPROPRIATING $3,341.12 IN INTEREST ACCRUED ON AN ADVANCE PAYMENT ON A GRANT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY DEPOSITED IN THE NO. 1071, COMMUNITY ENRICHMENT FUND, FOR AIR QUALITY RESEARCH AND PLANNING; AND DECLARING AN EMERGENCY. ISSUE: The City of Corpus Christi accepted an advanced payment Texas Commission on Environmental Quality (TCEQ) Air Quality Grant in August of 2003. The unused funds have been drawing interest over the years. TCEQ has agreed to allow us to utilize these funds for ongoing air quality activities. By appropriating all the remaining interest, the City will be able to close this account and finalize the project with TCEQ. REQUIRED COUNCIL ACTION: Approval of ordinance to appropriate outstanding interest PREVIOUS COUNCIL ACTION: Ordinance No. 025436 - Council approved the resolution authorizing the City Manager to execute TCEQ grant 582-4 -64576 for a total of $884,600 on August 26, 2003. Ordinance No. 025437 - Council appropriated $884,600 from the TCEQ grant 582-4 -64576 on August 26, 2003. Ordinance No. 027259 - Council appropriated $21,671.76 in interest accrued on the advance payment from the TCEQ grant 582 -2 -44893 on May 15, 2007. CONCLUSION AND RECOMMENDATION: Staff recommends the approval of the ordinance as presented. 'Peggy L. Sumner, CHMM, CFM Environmental Services Director PeggyS @cctexas.com 826 -1868 Attachment 1. TCEQ Letter: Use of Accrued Interest undef 25EQ Contract No. 582-4 -64576 BACKGROUND INFORMATION Since the mid- 1990's the City of Corpus Christi has received grant funds with no City match from the Texas Commission on Environmental Quality (TCEQ) to administer activities associated with air quality planning, monitoring and modeling. A previous advanced payment TCEQ grant (Grant Contract Number 582-4- 64576) was accepted August 26, 2003 for an amount totaling $884,600. The grant contract was extended twice and terminated on February 2005. The accrued interest remained in No. 1071, Community Enrichment Fund continuing to accrue interest. On May 15, 2007, with permission from TCEQ, Council appropriated a portion of the accrued interest ($21,671.76) for air quality planning and modeling but did not appropriate the full amount. A total -of $3341.12 of accrued interest remains in fund No. 1071. TCEQ has agreed to allow the use of the remaining funds by December 31, 2010. By appropriating these monies, the City Finance Department can close the outstanding project and send a final report to TCEQ. The attached TCEQ letter indicates that $13,833.70 may be used to purchase an ozone generator to use for calibration of instruments, and a variety of other pumps and equipment for upgrading the existing monitoring systems. This $13,833.70 includes the funds that were previously appropriated but unused and the remaining $3341.12 interest that accrued but has not been appropriated. Bryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, P.G., Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution February 3, 2010 [Certified Mail] City of Corpus Christi 'Angel R. Escobar, City Manager 1201 Leopard Street Corpus Christi, TX 78401 Cif ManagelVED Office FE8 0 8 2010 RE: Use of Accrued Interest under Texas Commission on Environmental Quality (TCEQ) Contract No. 582-4 -64576 Dear Mr. Escobar: This letter transmits an agreement on the use of accrued interest under the above referenced contract. As has been discussed with Ms. Peggy Sumner, Environmental Services Director of the City of Corpus Christi, the City of Corpus Christi has accumulated interest from advance payments made by TCEQ under Contract 582 -4- 64576. Under III Subpart C, (21 - Payment) (i - Interest Earned on Advances) regarding program income of the Uniform Grant Management Standards, accrued interest must either be returned to TCEQ or used for a project for which the grant f.:nds ;lade been designated. The TCEQ and the City of Corpus Christi (the Parties) "Attachment A" to this letter agreement will be perform indicated. TCEQ will fund only the amounts indicated in the project shall be funded by the City of Corpus Christi. from the above referenced contract. , agree that work under the document marked ed under the deadlines and budgetary amounts the agreement: any additional amounts spent on The only funding source is the accrued interest The parties agree that the terms and conditions to this agr Contract, and are incorporated by reference. This agreement will commence upon signature and will agreement has not been signed by both parties by March 1, Sincerely, David Brymer Director, Air Quality Division Texas Commission on Environmental Quality eement are the same as in the above- referenced be in effect until December 31, 2010. If this 2010 it expires. Please indicate your concurrence to this letter agreement by signing below: 'Angel R. Escobar, City Manager City of Corpus Christi Enclosure P.O. Box 13087 Austin, Texas 78711 -3087 _27_ 512 - 239 -1000 Internet address: www.tceq.state.tx.us Attachment A Accrued Interest — Agreement 582-4 -64576 Objective: Close out all funds associated with agreement 582-4 -64576 by utilizing interest funds to purchase an ozone generator and upgrading current ambient air monitoring systems to extend the life of the systems, increase reliability, and improve operations and maintenance. Allocation: $13,833.70 (plus any additional interest that may accrue prior to disbursement) Goal: To upgrade the ozone generator in order to be consistent with TCEQ calibration system, perform onsite calibrations with minimal technical problems and errors validating the performance of ozone analyzers located at the six monitoring sites. To order spare and consumable parts for current ambient air monitoring systems; including external pumps, large in -line filters, TX-40 filters for the mass transducer of 1400 AB Tapered Element Oscillating Microbaiance (TEOM) particulate matter monitors located at Holly road monitoring site. Task 1: Order, test and use ozone generator for calibration of equipment Deliverable: Tools to calibrate systems and pumps and other parts for repairs and replacement Due Date: March 1, 2010 Page 1 of 2 AN ORDINANCE APPROPRIATING $3,341.12 IN INTEREST INCOME ACCRUED ON AN ADVANCE PAYMENT ON A GRANT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY DEPOSITED IN THE NO. 1071, COMMUNITY ENRICHMENT FUND, FOR AIR QUALITY RESEARCH AND PLANNING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,341.12 in interest income accrued on an advance payment on a grant from the Texas Commission on Environmental Quality is appropriated from the Community Enrichment Fund No. 1071 to pay for air quality research and planning. SECTION . 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 on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary h APPROVED: �% February, 2010 R. y fining F' st A sistant City orney For City Attorney _29_ Ord — Approp - -1 nterestTC EQGra nt- 020272010.doc Joe Adame Mayor 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, Respectfully, Joe Adame Mayor The above ordinance 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 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 16, 2010 AGENDA ITEM: Motion amending Motion No. M2009 -132 providing for rotation of Mayor Pro Tem order of service as follows: District 1 District 2 District 3 District 4 District 5 At Large At Large At Large Kevin Kieschnick John Marez Priscilla Leal Chris Adler Larry Elizondo Mark -Seat# Brent Chesney Mark Scott Nelda Martinez BACKGROUND: On May 19, 2009, Mayor Joe Adame recommended a rotation of the Mayor Pro Tem office and the order of service for each council member. A motion was adopted by the Council concurring with his recommendation. ISSUE: Council Member Chesney has requested a change in the Mayor Pro Tem order of service that would allow him to change with Council Member Mark Scott. Mayor Joe Adame and Council Member Scott concur with his request. REQUESTED COUNCIL ACTION: Amend the original motion adopted on May 19, 2009. CONCLUSION AND RECOMMENDATION: Approval of motion to amend as presented. Armando Chapa City Secretary 7 AGENDA MEMORANDUM City Council Action Date: February 16, 2010 SUBJECT: Whitecap (Project No. E09017) and Laguna Madre (Project No. E09006) Wastewater Treatment Plant Clarifier Rehabilitation CIP No: WW 18 and WW 08 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Palacios Marine and Industrial Coating, Inc. of Port Lavaca, Texas, in the amount of $249,960.72 for Whitecap and Laguna Madre Wastewater Treatment Plant Clarifier Rehabilitation for the Total Base Bid Parts A, B, C and D and Additive Alternate No. 1. ISSUE: The Whitecap Wastewater Treatment Plant north clarifier was constructed in 1989 and the Laguna Madre Wastewater Treatment Plant east clarifier was constructed in 1984. The fabricated steel equipment on both of these units is experiencing deterioration due to age and typical plant sewer gases plus the sea air environment as both are located right on the coast. Rehabilitating the existing clarifier equipment will allow them to continue to provide the necessary treatment service and to extend the life of existing equipment. On January 6, 2010, the City received proposals from six (6) bidders (see Exhibit "C" Tabulation of Bids). The bids range from $249,960.72 to $507,000.00 for the Total Base Bid Parts A, B, C and D and Additive Alternate No. 1. The estimated cost of construction is $272,350.00. The City's consultant, Urban Engineering and City staff recommend a contract be awarded to Palacios Marine and Industrial Coating, Inc. in the amount of $249,960.72 for Whitecap and Laguna Madre Wastewater Treatment Plant Clarifier Rehabilitation for the Total Base Bid Parts A, B, C and D and Additive Alternate No. 1. Palacios Marine and Industrial Coating, Inc. had a math error in the addition of the line items for Part B. Mike Larson, Co. had math errors in calculating the Unit Price times the Quantity for line items A -5, B-4 and B -6. These errors did not affect the low bid. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Fos Cro v II Dir ctor of W stewater Services 361 - 857 -1801 foster @cctexas.com dry Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 Detean dcctexas.com H: IHOMEUWIyOIGEN \WASTEWATER1E09017 & E09006- Whitecap & Laguna Madre•WaleUiifier Rehab 2009\Cmmnution\2 AGENDA MEMO.doc Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map H:\ HOME \KelIyO\GEN\WASTEWATER\E09017 & E09006- Whitecap & Laguna Mad s- VatiClarifier Rehab 2009 \Construction12 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Whitecap (Project No. E09017) and Laguna Madre (Project No. E09006) Wastewater Treatment Plant Clarifier Rehabilitation CIP No: WW 18 and WW 08 PROJECT DESCRIPTION: This project provides for the construction for the rehabilitation /replacement of the north clarifier at the Whitecap Wastewater Treatment Plant and east clarifier at the Laguna Madre Wastewater Treatment Plant. The Base Bid for this project consists of the repairing, sandblasting and painting of existing steel equipment, replacement of sludge tubes and trough braces at the Whitecap WWTP and the Laguna Madre WWTP, the replacement of handrail corners, tees and crosses and the replacement of the existing 8" plug valves on sludge piping at the Laguna Madre WWTP. Additive Alternate No. 1 consists of the removal and replacement of four 8" plug valves at the Laguna Madre WWTP chlorine contact chamber. This work is critical to the operations of the plant and safety of the plant operators. CONTRACT TERMS: The project is estimated to require 120 calendar days, with completion anticipated in July 2010. PROJECT BACKGROUND: The Whitecap Wastewater Treatment Plant provides wastewater treatment services for the City's customers located on Padre Island. The original plant was a 0.5 MGD capacity plant that has been expanded over the years to a 2.5 MGD capacity due to growth on the island. The plant has two clarifiers for solids separation. Rehabilitation on the south clarifier at this plant was recently completed and the operational life of that unit was greatly extended. The proposed construction contract will provide for the rehabilitation of the north clarifier. The Laguna Madre Wastewater Treatment Plant provides wastewater treatment services for the City's customers located in Flour Bluff and has a design flow capacity of 3.0 MGD. The plant has two clarifiers for solids separation. Rehabilitation on the west clarifier at this plant was completed with a past project and the operational life of that unit was greatly extended. The proposed construction contract will provide for the rehabilitation of the east clarifier and for replacement of inoperable valves around the plant. 3 9 1 GI H:\ HOMEUCellyO \GEN\WASTEWATER\E09017 & 809006- Whitecap & Laguna Madre WVPFFCh fifer Rehab 2009K`amtnlaionl3 AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Whitecap (Project No. E09017) and Laguna Madre (Project No. E09006) Wastewater Treatment Plant Clarifier Rehabilitation CIP No: WW 18 and WW 08 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. (Ord. No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. August 10, 2009 — Administrative approval of an agreement for Architect/Engineer Consultant Services with Urban Engineering, Inc. in the amount of $39,850 for Whitecap and Laguna Madre Wastewater Treatment Plant Clarifier Rehabilitation. HAHOME\Kc 1yO1GENIWASTEWATER\E09017 & E09006- Whitecap & Laguna Madm*OP•Clarifier Rehab 20091Castruction\ PRIOR ACTIONS.doc EXHIBIT "B" Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS �o p °a M 'p C CV Ee 0 O H Z Q _0 H W w J CL(n 0 w 0 w OZ g W CD >. as r_ < _0 O N ID- c„)- >-— CO to w 2 E- g` co F— 0 Jhabores Constr. Co., Inc. P .0. Box 60089 Corpus Christi, TX 78466 AMOUNT 0 0 O to co to r 0 0 O O co 4 69 0 0 O to co N 0 0 0 O 0 a' N EA $2,352.001 o 0 N N 69 0 0 O O O n 64 $135,124.001 0 0 O to O L) T 0 0 O to co to K) 0 0 O O o0 to 0 0 O co co N 0 $1,180.001 0 0 O to co N 69 0 0 0 tt) co N- 6. UNIT PRICE $115,050.00 0 (0 0 C) N 69 O 69 0 M 0 0) 0 O (: Eti $115,050.001 $5,850.00 O 609 0 69 O N $2,350.00 0 C9 N 69. J. M. Davidson, Ltd. P. 0. Box 4639 Corpus Christi, TX 78469 AMOUNT 0 in O CO 0 0 N M 69- CO 69 0 0 N C7 Eta 0 O CO et 69 $168.001 00'000'L$ $85,128.001 0 0 CO a 0 0 0) M 69 $1,540.00 $632.00 $3,722.00 Cr). E9 UNIT PRICE O 6 0 co 69 00 to OV 69 00 <- 0 CO 69 $16.481 00 oo CO G9 $42.00 0 0 O O to 0 N O OD to 64 $11,044.00 00 O O 69 $22.00 $158.00 N n to 0 CO 00)' es Palacios Marine & Indust. 2392 SH 35 Port Lavaca, TX 77979 AMOUNT 0 O O d' tt) too 69 0 O CO -to co, 69 0 O O O to to 0 co O O O 64 0 O O Co co to 0 O ct CO to O O O O O ea O O O N t0 (0 ER O O V' 0) O ti 0 O O N CO 0) CO 69 O O t` 0 69 O (o O) 0 v( O O O N $1,234.00 O O O 0 CO UNIT PRICE IA. WHITECAP WWTP NORTH CLARIFIER (BASE BID) - Project No. E09017 O 0 6 a e 0 t0 a CO 69 O O o to 69 O O ui 00'09$ O co t0 E9 O O O 0 t` IB. LAGUNA MADRE WWTP EAST CLARIFIER (BASE BID) - Project No. E09006 1 O O 4 O cci - t O O N 0) to to 0 to 0 '- 69 $7.14' 0 O O 69 1 $1,234.00 O O O 0 69 WHITECAP (PROJECT NO. E09017) AND LAGUNA MADRE (PROJECT NO. E09006) WASTEWATER TREATMENT PLANT CLARIFIER REHABILITATION Z M J W J J 111 W cp J J J W J W J J }; 0 r O O N Co r r- 0 O 7 - •- DESCRIPTION Clean and Paint Equipment, complete in place per LS Replace Sludge Tubes, complete in place pert EA Replace Trough Braces, complete in place per LS Weld on New 2" Trough Angle, complete in l place per LF J Repair Holes in Weir Trough, complete in ;place per EA Replace Gate Chain with Stainless Steel Chain, complete in place per EA Welding /Miscellaneous Allowance (Mandatory Allowance), complete in place per LS )TAL PART A (Items A -1 - A -7) J Abrasive Blast (SP -10) and Paint Equipment, complete in place per LS Abrasive Blast (SP -10) and Paint Portion ofl Bridge, complete in place per LS Replace Sludge Tubes, complete in place per EA Weld on New 3" Trough Angle, complete in place per LF Replace Trough Splice Gaskets, complete in place per EA Replace Scraper Brass Squeegees, complete in place per LS Replace Missing Trough Braces, complete in place per LS N Q co Q n Y < t0 Q CO Q (- Q a CO N CO M m d' CD to O] co CO r- m -41- X W 1— U 0 CI) O U C LL LL. O O>- Z O , O J Z 00 W Z_ O z W LL 0 z W 2 f" 0 W 0 -42- o oo v 00 r) $5,032.001 0 0 $150,732.00] :o 3c ri; r- 0 0 0 0 0 o 0 10 00 (00_ e- M Eft 0 o M Eft O 0 O 0 O) 64 0 co E,7 en 0 N O 0 O co EA t` co O O V 000 EA 0 'E 6�4 $4 1-- T 0 O 0 0) — EA 0 0N) CO Eft 64 Ea EA $319,526.00 0 0 $425.00 0 O O 0 CO V_ '4) c0 O 0 coO 0) C(j O O CO 0) a°)) co EA idson, LI ox 4639 5ti, TX 7. 69- $8 � $105 0 O .= O 64 0 O N N. v to N EA (V N. (0 0) O N Eft 0 O 00 N CD co V) 61. CO 0 CO 604 (0 CO 604 00'000'1 O $3,467.00 V $4; 8,5'. O n C. LAGUNA MADRE WWTP WEST CLARIFIER (BASE BID) - Proj EA W < EA D. LAGUNA MADRE WWTP (BASE BID) - Project No. E09006 O o 000 N )0L4 )00' O .- Eft IE. ADDITIVE ALTERNATE NO. 1 - Project No. E09006 u N Abrasive Blast (SP -10) and Paint Portion of Bridge, complete in place per LS Replace Handrail Corners and Coat, complete in place per EA Replace Handrail Segment and Coat, complete in place per EA 69 Mai 392 ivacE 0 o 0 0 0 0 0 TOTAL BASE BID (Part A thru Part D) TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 (Part A thru Part D) + (Part E) N M 0 O E- O Eft EA V n Eft 64 W W W J CO N 1- WHITECAP (PROJECT NO. E09017) AN LAGUNA MADRE (PROJECT NO. E0900 WASTEWATER TREATMENT PLANT CLARIFIER REHABILITATION Replace Handrail Corners, Tees and Crosses and Coat, complete in place per EA Replace Handrail Segment and Coat, complete in place per EA Replace Existing 10" Drain Valve, complete in place per EA Welding /Miscellaneous Allowance (Mandatory Allowance), complete in place per LS SUBTOTAL PART B (Items B -1 - B -11) 0 m 0) m m r T m -42- 00 en cri En- $2,352.001 0 00 co 69 c.i. $3,517.00 $14,971.001 r- 0 00 co O 0 00_ O b 0 o 0 10 00 (00_ e- M Eft 0 o M Eft O N (O EA 0 0 c EA 0 O) 64 0 co E,7 en $3,624.00 0 O co EA O V 000 EA 0 'E 6�4 0 CCC 6N4 0 N 64 `0 NN.. EA 0 0) — EA 0 0N) CO Eft $32,343.00 $32,343.001 0 ,-- CO N EA $319,526.00 0 1: en V f0 co $238.00 $425.00 0 t\ co C O) 6t 0 0 C(00 Cn en $32,343.00 O 0 coO 0) C(j CO 0) 0) c) 64 CO 0) a°)) co EA 0 0 00 O ti N 0) co h O 64 0 O 0 Vr 6 .,- EA 0 O 0 Vw O 64 0 O .= O 64 0 O CO ri EA N N. v to N EA (V N. (0 0) O N Eft 0 O O W Z U N 00 N CD co V) 61. CO 0 CO 604 (0 CO 604 00'000'1 $3,467.00 0 CO Ch Ef) C. LAGUNA MADRE WWTP WEST CLARIFIER (BASE BID) - Proj J W < W D. LAGUNA MADRE WWTP (BASE BID) - Project No. E09006 W co a- CO CD '— CO IE. ADDITIVE ALTERNATE NO. 1 - Project No. E09006 ,' Abrasive Blast (SP -10) and Paint Portion of Bridge, complete in place per LS Replace Handrail Corners and Coat, complete in place per EA Replace Handrail Segment and Coat, complete in place per EA Replace Existing 10" Drain Valve, complete in place per EA )TAL PART C (Items C -1 - C -4) Replace Existing 8" Plug Valves on Sludgel Piping, complete in place per EA SUBTOTAL PART D (Item D -1) Remove and Replace Four 8" Plug Valves at Laguna Madre WWTP Chlorine Contact Chamber, complete in place per LS }SUBTOTAL PART E (Item AA -1) TOTAL BASE BID (Part A thru Part D) TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 (Part A thru Part D) + (Part E) r• U N U CO U V U E- O r Q Q -42- X w F- U cc cn O 0 U a1 � u_ U , aO z E CC1 111 z z w LL 0 r z w 1-- cc 0 w 0 tings, Inc. .mina) Dr. ON 55121 J AMOUNT 1 o o O 0 o co 1.0 14 64 o o O 0 m e 64 o o O 0 er er 69 o o O o o D 69 o o O 0 r N 44 o o O 0 N ri 69- o G O 0 0 r- 64 $183,500.001 o o O 0 r- j i r 64 0 O O 0 o ER o O O 0 rn o 64 o 0 O o L) co- 64 O O O 0 o c r 64 I00-009'9t 0 O O 0 r Er fl 1 UNIT PRICE 0 0 6 O O (O() 61 Efl 0 O 0 O 64 0 O 0 O V 64 0 0 0 •r 44 0 0 0 Lo co Ef} 0 0 6 O Co 44 0 0 O O O 6 $155,700.001 0 0 O O O r 64 $1,150.001 0 O O L(i 44 0 0 O O N 64 0 0 O O L() 64 0 0 O O r 64 R. S. Black Contractors P. O. Box 6218 Corpus Christi, TX 78466 AMOUNT 0 0 O a) Ln 00 r 0 0 0 O CO N 1- E4 0 0 O O C�_ 44 0 0 O o 0 (0 v e9.. $510.00 0 0 O O M 63 0 O O O O 64 0 0 O O O M N N 44 0 0 o (o M (o '1' r 69 0 0 O r r- N 64 O 0 O O co O r 44 O O O O M (0 64 0 0 0 O co 64 O 0 0. O r (0 64 0 0 O (O M 64 w 0 Et d z, D 0 0 o a) Lti co 0 0 0 0 CO r 69 0 0 0 0 N r 69 0 0 o 0o 6i $85.00 0 0 (0 r- 6,, 0 0 o 0 0 664 0 0 0 0 co CO v es 0 0 0 •- r- 44 0 0 0 0 CO 64 0 0 0 0) 69 0 0 0 0 N 4 0 0 0 0 r 6 0 0 0 0 CO 69 Mike Larsen Co. 4202 Santiago #2 Austin, TX 78745 ( AMOUNT $96,585.00 0 0 0 0 CO '1 64 o 0 0 co 0 M 64 O 0 0 r- M M 64 o 0 0 co CO N 63 0 0 0 (o f` eNi. 64 0 0 o o O N. 64 0 0 Ln h N O co r 69 0 0 0 CO Ln CO a) 68 0 0 co CO CO 0 r Eft 0 o o L() 0) 0 r 64 0 Ln ai CO M r 64 0 o o et Ln r 64 $385.00 0 0 0 M N 64 UNIT PRICE D) - Project No. E09017 O coo Ln a)) 0 N o0 63 0 ON 0 6 $16.85 $480.0(1 0 0) CO E9 0 0 0 64 E BID) - Project No. E09006 0 CO L0 0) $10,638.001 o N a0 64 CO O Eft $385.00 $385.00 0 M. M 44 WHITECAP (PROJECT NO. E09017) AND LAGUNA MADRE (PROJECT NO. E09006) WASTEWATER TREATMENT PLANT CLARIFIER REHABILITATION I- 2 D >-: F- 0 (1) Q w V) LL J a w a w (1) (!3 (A J a tt3 (L a w U) J (O J r o0 r O 0 N O d r r r (O 0 r r DESCRIPTION 1 IA. WHITECAP WWTP NORTH CLARIFIER (BASE BI Clean and Paint Equipment, complete in place per LS Replace Sludge Tubes, complete in place per EA Replace Trough Braces, complete in place per LS Weld on New 2" Trough Angle, complete in place per LF Repair Holes in Weir Trough, complete in place per EA Replace Gate Chain with Stainless Steel Chain, complete in place per E Welding /Miscellaneous Allowance (Mandatory Allowance), complete in place per LS )TAL PART A (Items A -1 - A -7) a m_ CL w fX a -J 0 H cn a w i w c[ 0 a a z 0 gm Abrasive Blast (SP -10) and Paint Equipment, complete in place per LS - J Abrasive Blast (SP -10) and Paint Portion of Bridge, complete in place per LS Replace Sludge Tubes, complete in place per EA Weld on New 3" Trough Angle, complete in place per LF Replace Trough Splice Gaskets, complete in place per EA Replace Scraper Brass Squeegees, complete, in place per LS Replace Missing Trough Braces, complete in place per LS l r a N Q< M eY (n < (o Q ti < r N m M m m (E) m (o m h m -43- EXHIBIT "C" Pa•e3of4 X W N 0 (/)O U E LL O Z , Q Z LLJ #- Z_ 0 Z W U_ O 1- z W 2 cc 0 W 0 TMI Coatings, Inc. 3291 Terminal Dr. St. Paul, MN 55121 o o O co o O 0 O Tr co ri EA 00 000'L$ O O r) 0) (VI 0 0 a- CR 0 O N E $13,800.001 0 O O 1\ 6" Tr 0 R. S. Black Contractors P. O. Box 6218 Corpus Christi, TX 78466 0 O EA 0 0 co 14) EA $10,900.00 0 0 O O EA 00 O O ri cA EA $185.00 0 0 co N to 0 0 00) 6 0 0 0 r= H3 Mike Larsen Co. 4202 Santiago #2 Austin, TX 78745 0 0 O CO co 0 0 O a- 0 E.,-- A o o U) En 00-000'L$ O to nl M V' 0 0 0 0 0 c00 to 0 N O CO 64 0 0 O 64 WHITECAP (PROJECT NO. E09017) AND LAGUNA MADRE (PROJECT NO. E09006) WASTEWATER TREATMENT PLANT CLARIFIER REHABILITATION W W W -CO i 0 N r 0 0 O 0 CO CO En Replace Handrail Corners, Tees and Crosses and Coat, complete and in place per EA Replace Handrail Segment and Coat, complete and in place per EA Replace Existing 10" Drain Valve, complete, and in place per EA Welding /Miscellaneous Allowance (Mandatory Allowance), complete and in place per LS [SUBTOTAL PART B (Items B -1 - B -11) CO 6 m O 0 a- a- m • s -44- o O O cNi EA o o O O f0 0 o O Tr. W o o O O 00 co EA 64 O O CO O $12,000.001 0 O O c..i EA Tr 0 $36,400.00 0 O c0 O V ER co n t0!) EA $12,000.00 0 0 O .- fA 7> $1,400.00 $13,800.00 0 0 0 O it ER 0 O O v- O 0 0 O Ni N ER 0 0 O r ,- EA 0 0 0 c00 - EA 0 0 O 0 O ,. EA 0 0 O O CD 64 0 0 O 00 CO EA 0 0 O 0 CO 6- 0 0 O 00 M CO ER 0 0 O 0 CO CO En 0 0 0 0 (0 0) Nr 0 0 O 0 0) o O r- (NI it. $185.001 $280.00 o O o 0 o 00.000•Z$ 0 O 0 10 EA 1 00 N ( EA 0 00 co EA N $5,025.00 $71,095.001 00 N O r 00 0 - TO; 0 0 EN EA ton 0 0 O Cs1 cA 0 0 EA CO o 'fl CO CO 0 0) W G Z 0 N 0 0 0 c00 r) 69- 0 cn 69 100.099$ 0 N O to - 00 N O to 0 0 � O a � W W W D. LAGUNA MADRE WWTP (BASE BID) - Project No E09006 W J IC. LAGUNA MADRE WWTP WEST CLARIFIER (BASE BID) r O CO s- r) E. ADDITIVE ALTERNATE NO. 1 - Project No. E09006 a- Abrasive Blast (SP -10) and Paint Portion ofj Bridge, complete in place per LS Replace Handrail Corners and Coat, complete in place per EA Replace Handrail Segment and Coat, complete in place per EA Replace Existing 10" Drain Valve, complete in place per EA 1 WSUBTOTAL PART C (Items C -1 - C -4) Replace Existing 8" Plug Valves on Sludge Piping, complete in place per EA (SUBTOTAL PART D (Item D -1) Remove and Replace Four 8" Plug Valves at Laguna Madre WWTP Chlorine Contact Chamber, complete in place per LS SUBTOTAL PART E (Item AA -1) TOTAL BASE BID (Part A thru Part D) ITOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 [(Part A thru Part D) + (Part E) -- 6 N 0 M U -1' 0 Q QQQQ -44- PROJECT BUDGET WHITECAP AND LAGUNA MADRE WASTEWATER TREATMENT PLANT CLARIFIER REHABILITATION Project Nos. E09017 & E09006 February 16, 2010 FUNDS AVAILABLE: Wastewater CIP 2010 (WW 18) Whitecap WWTP $150,000.00 Wastewater CIP 2010 (WW 08) Laguna Madre WWTP $200,000.00 $350,000.00 FUNDS REQUIRED: Construction (PMI Coating, Inc.) $249,960.72 Contingencies (10 %) 24,996.07 Consultant (Urban Engineering, Inc.) 39,850.00 Reimbursements 18,747.05 Misc. (Printing, Advertising, etc.) 1,544.88 Total $335,098.73 FUNDS REMAINING $14,901.27 —45— \ Mproject \councilexhibits \exhE9006. d wg CORPUS C3(RIS 7 B qty PROJECT SITE Laguna Madre WWTP Os o Creek— PROJECT SITE Whitecap WWTP i PROJECT #E090O6 & E09017 LOCATION MAP NOT TO SCALE c LL OF J4XXCICO EXHIBIT .E. WHITECAP AND LAGUNA MADRE WASTEWATER TREATMENT PLANT CLARIFIER REHABILITATIV CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01/27/2010 MOW IMO 11111, WI= 8 AGENDA MEMORANDUM City Council Action Date: February 16, 2010 SUBJECT: South Guth Park Ball Field Relocation — Sports Field Lighting Project No. E10012 / CIP No. PR 07 AGENDA ITEM: 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 $887,500 for the South Guth Park Ball Field Relocation -Sports Field Lighting project. ISSUE: This project provides for the construction of the sports field lighting for the 13 fields located at the new South Guth Field Complex, which is currently under construction. The materials will be purchased through the Texas Buy Board. Musco Sports Lighting, LLC, will install the equipment, including the light poles and lighting fixtures. The circuitry for this project was included in the award of the construction project on September 15, 2009. FUNDING: Funding is available from the Parks and Recreation Tax Note CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Stacie Talbert Interim Director of Parks and Recreation 826 -3476 stacietCa7cctexas. com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Texas Buy Board Quote Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean@cctexas.com H:IHOME1Rachelk1GEMParks 8 Recreation 3337•South Guth Park RelocationlBall Field 4g ngAgenda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: South Guth Park Ball Field Relocation — Sports Field Lighting Project No. E10012 / CIP No. PR 07 PROJECT DESCRIPTION: The proposed construction contract with Musco Sports Lighting, LLC, is for the installation of pre -cast concrete bases and galvanized steel poles for the new South Guth Field Complex, which is located on Paul Jones Avenue between South Padre Island Drive and Holly Road. A total of 13 fields will receive new lighting: > Oso Baseball Fields (5 total) > Oso Kickball Fields (4 total) > National Little League Fields (3 total) > City of Corpus Christi Field (1 total) On September 15, 2009, the City Council approved a construction contract with Barcom Commercial Inc. of Corpus Christi in the amount of $5,044,754 for the South Guth Ball Field Relocation project. The project budget included an estimate of $751,000 for the lighting contract through the Texas Buy Board to light 12 fields. During the meeting, Council members indicated that the 13th field needed to be included in the lighting contract as well, and the additional monies for that field are available in the contingency fund. CONTRACT TERMS: The sports field lighting construction contract is estimated to require 30 days from notice to proceed. This work will be coordinated with the construction of the new ball fields, which began in October 2009 and is estimated to require 250 calendar days. Completion of the ball fields construction is anticipated in June 2010. The leagues will continue to play at their existing location at South Guth Park until spring 2011 to allow for an adequate grow -in period for the new fields and park. PROJECT BACKGROUND: This project is a result of the City's dedication of 140.39 acres of land to Texas A &M University- Corpus Christi on October 16, 2007 for expansion of its campus. This resulted in the need to find an alternate location for the sports activities of the three leagues and the neighborhood park at South Guth Park. Various properties were considered as well as multiple configurations of the sports field layouts. All considerations were presented and coordinated with the leagues and key stake holders, resulting in the final site location and design. This site along Paul Jones Avenue was approved by City Council, including the purchase of land from three property owners (see Exhibit "B" Prior Project Actions). The design of the new South Guth Park Ball Fields was completed by Architect -TKO and Naismith Engineering. The design was coordinated with the leagues to maximize space utilization and park access. The new fields and all facilities will meet ADA- accessibility requirements and national standards governing youth and little league baseball and kickball. EXHIBIT "A" Page 1 of 1 H:'HOME1VefmaP\GEMPARKS & RECL3337 SOUTH GUTH PARK BALL FIELD 8E59BGLL FIELD LIGHTINGWgenda Background 2.doc PRIOR PROJECT ACTIONS SUBJECT: South Guth Park Ball Field Relocation — Sports Field Lighting Project No. E10012 / CIP No. PR 07 PRIOR COUNCIL ACTION: 1. September 25, 2007 - Public hearing regarding South Guth Park land transfer to Texas A &M University- Corpus Christi for university expansion. 2. September 25, 2007 - Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A &M University System for the expansion of Texas A &M University- Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. (Resolution No. 027432) 3. October 16, 2007 - Ordinance authorizing the City Manager to execute a Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A &M- University System for the Benefit of Texas A &M University - Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. (Ordinance No. 027451) 4. December 11, 2007 — Resolution determining a public necessity to acquire fee simple title to the surface estate only to three parcels of land for a ball field relocation project known as the South Guth Park Ball Field Relocation Project, from the owners William H. Shireman, et al (Parcel 1), Vickers Family Trust (Parcel 2), and Noy Shockley, et ux (Parcel 3), for the public purpose and use as a ball field park and for other related park purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. (Resolution No. 027521) 5. December 18, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with William H. Shireman, Jr., et al in the amount of $295,000 plus $3,500 in closing costs for Parcel 1 described as 29.018 acres out of Lot 11 and the Southeast one -half of Lot 12, Section 31, Flour Bluff & Encinal Farm & Garden Tracts located on Paul Jones Avenue necessary for the South Guth Park Bali Field Relocation Project. (Motion No. 2007 -327) 6. Mav 20, 2008 — Ordinance authorizing the issuance of tax notes in the principal amount of $22,260,000; approving sale of tax notes, providing for the levy, assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof, and ordaining other matters related thereto. (Ordinance No. 027708) (Schedule 1 of the Note Purchase Agreement lists a total of $7,500,000 as being for the South Guth Ball Fields Relocation Project. 7. November 11, 2008 - Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Noy R. Shockley and wife, Betty Shockley in the amount of $130,000 plus $1,900 in closing costs and an additional amount of $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights to Parcel —51— H: \HOME\VelmaP \GEN\PARKS & REC\3337 SOUTH GUTH PARK BALL FIELD RELOC\BALL FIELD LIGHTING\Prior Project Actions.doc 3, described as "Peary Place Annex B" (0.471 acres), with the street address of 1901 Paul Jones Ave., necessary for the South Guth Park Ball Field Relocation. (Motion No. 2008 -288) 8. January 20, 2009 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an Architectural Services Contract with ArchitecTKO (Terry K. Orf) of Corpus Christi, Texas in the amount of $173,400 for a restated fee of $181,620 for the South Guth Park Ball Field relocation to a tract located on Paul Jones Avenue for design, bid, and construction phase services. (Motion No. 2009 -016) 9. April 21, 2009 — Motion authorizing payment of the Special Commissioners Award in the amount of $380,000 in connection with condemnation of Parcel 2, owned by Vickers Family Trust, for fee simple property rights to 7.197 acres of land located along the west side of Paul Jones Avenue, approximately one - quarter mile southeast of South Padre Island Drive, necessary for the South Guth Park Ball Field Relocation Project and for other related public purposes. (Motion No. 2009 -100) 10. September 15, 2009 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial Inc., of Corpus Christi, Texas in the amount of $5,044,754 for the South Guth Bali Field Relocation to a tract located on Paul Jones Avenue, for the Base Bid, Additive Alternate No. 1, Additive Altemate No. 2, and Deductive Alternate No. 1. (Motion No. 2009 -257) PRIOR ADMINISTRATIVE ACTION: 1. July 17, 2007 - City Council Presentation by City Manager George K. Noe and Dr. Flavius C. Killebrew, President of Texas A &M University- Corpus Christi on the Texas A &M- Corpus Christi Expansion project. 2. July 12, 2007 — Administrative approval of a wetlands determination, Phase 1 environmental site assessment and threatened /endangered species survey in the amount of $23,960 by LNV Engineering of Corpus Christi, Texas. 3. December 4, 2007 — Administrative approval of an architectural contract with Terry K. Orf, ArchitecTKO, of Corpus Christi, Texas in the amount of $8,220 for study of project scope, economic and technical evaluation of the South Guth Park Ball Field Relocation project. 4. December 7, 2007 — Administrative approval of a land surveying contract with Frontier Surveying of Corpus Christi, Texas in the amount of $19,900 for a land acquisition boundary survey. 5. May 1, 2009 — Administrative approval of a geotechnical testing agreement with Rock Engineering & Testing Laboratory of Corpus Christi, Texas in the amount of $7,400 for the South Guth Park Ball Field Relocation project. Corpus Christi Lighting Improvements Ouote/Technical Specifications Date: December 16, 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 South Guth Park. "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. Electrical to the poles to be provided by others. b. Supply lighting contactor cabinets with control and monitoring assemblies to the GC to install 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 —53— EXHIBIT "C" Page 1 of 5 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: a. OSO Kickball Fields, OSO Baseball Fields, National Little League Fields $751,000 b. Corpus Christi Baseball Field $136,500 Lump Sum price $887,500 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 l % 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. Musco Sports Lighting, LLC Page 2 of 5 -54- EXHIBIT "C" 1 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 30 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 30 days or the 14 calendar days per 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, and 30 foot -candles infield/20 foot - candles outfield on the kickball 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 -55- EXHIBIT "C" Pana3of5 Site Specifications Equipment Description — OSO Baseball Fields (5 total) Light - Structure GreenTM System delivered to your site in Five Easy PiecesTM • 18 - Pre -cast concrete bases • 18 - Galvanized steel poles • UL Listed remote electrical component enclosure • Pole Length wire harness • 108 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps Equipment Description — OSO Kickball Fields (4 total) Light - Structure GreenTM System delivered to your site in Five Easy PiecesTM • 4 - Pre-cast concrete bases • 4 - Galvanized steel poles • UL Listed remote electrical component enclosure • Pole length wire harness • 32 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps Equipment Description — National Little League Fields (3), City of Corpus Christi Field (1) 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 • 94 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps 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 -56- EXHIRIT "C' 1 EXHIBIT "C" I Page5of5 SCOPE OF WORK Owner Responsibilities: 1. Complete access to the site for construction utilizing 2 wheel drive rubber tired equipment. 2. Locate existing underground utilities and irrigation systems. 3. 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. 4. Electrical design & installation. 5. Provide equipment and materials to install (5) new Lighting Contactor Cabinets and terminate all necessary wiring. Contactor cabinets will be delivered with poles and fixtures. 6. Contractor will commission Control Link by contacting Control Link Central at (877- 347 -3319) and going through the following steps: 7. Check all Zones to make sure they work in both auto and manual mode. 8. 1 hour comprehensive burn of all lights on each zone. 9. Set base line for the DAS (Diagnostic Acquisition System) 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 Texas stamped structural foundation designs. 5. Musco shall provide Performance and Payment Bonds in an amount equal to the total amount of bid. (Only if Required) Musco Subcontractor Responsibilities: 1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. Five (5) Musco Lighting Contactor Cabinets will need to be given to on -site electrical contractor. 2. Provide storage containers for equipment as needed and dumpsters for disposal of all packing cardboard and debris. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. 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. 5. Provide materials and equipment to install (38) LSS foundations as specified on Layout. 6. Provide and install ground rods (one per pole location) for lightning protection per NFPA 780 Code and local building codes. Poles 75'or shorter should use a #2 copper conductor to the ground rod. Poles taller than 75' should use a #2/0 copper conductor. For standard clay soil, the ground rod must not be less than 5/8 "x 10' long, driven vertically into the soil until point is 10' below grade. Ground rods must be installed in soil, not in the concrete backfill. 7. Remove spoils to owner designated location at jobsite. 8. Provide materials and equipment to assemble (234) LSG fixtures. 9. Provide equipment and materials to assemble and erect (38) LSS Poles. 10. 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. 11. Provide startup and aiming as required to provide complete and operating sports lighting system. Musco Sports Lighting, LLC Page 5 of 5 -57- File : \Mproject \councilexhibits \exh3337g.dwg CITY PROJECT No. 3337 VICINITY MAP NOT TO SCALE EXHIBIT "D" SOUTH GUTH PARK BALL FIELD RELOCATION - SPORTS FIELD LIGHTING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01 -28 -2010 BIM =M 9 AGENDA MEMORANDUM City Council Action Date: February 16, 2010 SUBJECT: Homeland Security Improvements (Project E09062) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract, in the amount of $72,750.00 for Homeland Security Improvements utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. ISSUE: The action is required to improve the City's infrastructure, buildings, facilities or capabilities to enable improved response to an emergency FUNDING: Funding is available from Homeland Security Grant funds. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean a(�cctexas.corn Additional Support Material: Exhibit "A" Background Information BACKGROUND INFORMATION SUBJECT: Homeland Security Improvements (Project E09062) PROJECT DESCRIPTION: Certain improvements are necessary to ensure the City's capability to respond to an emergency. BACKGROUND: Homeland Security requires confidentiality regarding the use of Homeland Security Funds. Additional information is being provided to the Council under separate cover. EXHIBIT "A" Page 1 of 1 HA HOMEIICEVINMEMPOLICBGenerato20091AGENDABkgahAFinel .doe _62— 10 AGENDA MEMORANDUM February 16, 2010 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a professional architectural /engineering services contract Amendment No. 1 with Jacobs Engineering Group, Inc. of Ft. Worth, Texas in an amount not to exceed $662,976.50 for a restated not to exceed fee of $738,376.50 for the Corpus Christi International Airport: • Task Order 4 - Terminal Rehabilitation Design through Construction Phase Services - Federal Inspection Station Facility Renovation/Expansion, • Task Order 5 - Wildlife Hazard Analysis and • Task Order 6 - Electrical Tunnel Structural Integrity Investigation. (Project Numbers E09046, E09082, E09083) CONSULTANT SELECTION/PROJECTS: The City selected Jacobs Engineering Group to provide Airport engineering services through an RFP for a multi -year service agreement for up to five years. The agreement is amended to authorize additional projects as funding becomes available from the FM. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FAA Discretionary funds. A Request for Proposals was issued and the firm of Jacobs Engineering was selected as the most firm deemed most qualified to provide the required services. The local engineering services sub - consultant on the projects will be LNV Engineering, Inc. of Corpus Christi, Texas. The Corpus Christi, Texas office of Raba Kistner will be directly contracted by the City to provide geotechnical, engineering materials testing, inspection and laboratory testing services. FUNDING: Funding is available from the Airport Capital Reserves and FAA Grants. RECOMMENDATION: Approval of the motion as presented. •ic9;?k)I\ik Fred Segundo Director of Aviation 361 - 289 -0171 ext. 1213 fredsc cctexas.com 02, 6,4;2010 Pete Anaya, P.E. Director of Engineering Services 361 - 826 -3781 peteanc cctexas.com, ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Location Map H:\ HOME \KEVINS \GENWIR restored\ 20091mprovements WEWEAmdlMemo.doc -65- BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City of Corpus Christi has historically contracted for Airport engineering consulting services for a five (5) year term. During the term of the contract, all Airport engineering projects are undertaken by the selected firm. The actual projects that will be undertaken and the timing of the projects are unknown when the firm is selected. The FAA authorization of engineering design services is dependent upon when funding becomes available. At this time, the FAA has authorized engineering services for three projects. The FAA currently provides 95% of the funding for FAA approved Aviation Improvement Project at Corpus Christi International Airport. The FAA has made construction funding available to the City due to the existence of bid ready documents when discretionary or surplus funds are identified by FAA during their fiscal year. Those funds must be obligated during the FAA's fiscal year which the City has successfully done for many years. CONTRACT SUMMARY: The contract will result in the consultant undertaking work on three projects. The projects being authorized at this time by the contract amendment include: • Task Order 4 — Terminal Rehabilitation Design through Construction Phase Services - Federal Insp' - +ion Station Facility Renovation /Expansion, • Task Order 5 — Wilulife +azard Analysis and • Task Order 6 - Electrical Tunnel Structural Integrity Investigation. The expansion of the Federal Inspection Station will increase the number of passengers that can be processed from the current capacity of 50 passengers per hour. The renovated and expands Station will allow 200 to 250 passengers per hour to be processed through Customs and Border Protection and Transportation Security Administration. The renovated facility will: 1. Increase the number of processing stations to accommodate -a minimum of 200 passengers per hour. 2. Install ADA compliant access to entrances and exits from the FIS facility. 3. Increase the size of the Arrivals Primary Processing Area. 4. Improve the downstream baggage claim. 5. Increase the size of the Secondary Bag Screening. 6. Develop a facility that provides a high level of customer service. The Federal Inspection Station facility must be designed in accordance with the recommendations and requirements of the Federal Aviation Administration, U.S. Customs and Border Protection, the . ransportation Security Administration, and the Airport Administration. The building rn,:: ; iifications, including structural, mechanical, plumbing, and electrical systems, will be designed in accordance with local and national building codes and to meet the operational needs within the remodeled area. Modifications to utilities such as water, sewer, power, communications and IT systems will be included as required for an operational facility. —66— EXHIBIT A Paae 1 of 2 The estimated construction cost for the project is approximately $2,800,000.00. The architectural /engineering fee for the basic design and construction administration services equals 10.7 %, which is within the normal fee curve for renovation of existing facilities. Detail concerning the services being provided for the Wildlife Hazard Assessment and Electrical Tunnel Structural Analysis are provided by the contract summary. See Exhibit B. FUTURE COUNCIL ACTIONS: Council will be requested to authorize amendments to the Engineering Services contract as the FAA authorizes grants for future projects and construction. Council will also be requested to authorize the awe I of construction contracts that arise from the services of the Consultant. FUNDING: Funding is available from Airport Capital Reserve Funds and FAA Grants. The FAA will fund 95% of the cost for this contract. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the selection and recommended its approval. —67- H:\ HOME\ KEVINS\ GENAIR_ restored120091mprovements WE\AEAmd1 BkgExhA.doc EXHIBIT A Page 2 of 2 CONTRACT SUMMARY Section 1. SCOPE OF PROJECT — Planning and Architecture /Engineering Services for City of Corpus Christi — Corpus Christ International Airport is amended by the addition three (3) Projects authorized by this amendment: Exhibit "A-4" — Task Order 4 - Terminal Rehabilitation Design through Construction Phase Services — Federal Inspection Station Facility Renovation /Expansion; Exhibit "A -5" — Task Order 5 — Wildlife Hazard Analysis; and Exhibit "A -6" — Task Order 6 — Electrical Tunnel Structural Integrity Investigation. Section 4. FEE is amended by the additional fees for Task Order 4, 5, and 6 as set forth: 4. FEE The amendment authorizes an additional fee not to exceed $662,976.50 for a restated total of $738,376.50. The additional fees authorized by this amendment are: For Task Order No. 4, the CITY will pay the NE a fee, as described in Exhibit "A-4 ", for providing services authorized .` btal lump sum amount of $300,355.00 for Basic Services , not to exceed amount of $184,168.00 for Additional Services. For Task Order No. 5, the CITY will pay the A/E a fee, as described in Exhibit "A -5 ", for providing services authorized, a total lump sum amount of $ -0- for Basic Services and a not to exceed amount of $133,453.50, for Additional Services. For Task Order No. 6, the CITY will pay the NE a fee, as described in Exhibit "A -6 ", for providing services authorized, a total lump sum amount of $ -0- for Basic Services and a not to exceed amount of $45,000.00, for Additional Services. Task 4 Federal Inspection Station: The purpose of this task is to provide design through construction administration services for remodeling the existing FIS facility at the Corpus Christi International Airport. The existing FIS facility at the Airport currently processes approximately 50 passengers per hour through Customs and Border Protection (CBP) and the TSA. The goal of remodeling the facility is to ultimately process between 200 and 250 passengers per hour. The primary objectives of the rehabilitation project are as follows: 1. Increase the number of processing stations to accommodate a minimum of 200 passengers ?r hour. 2. Install ADA c zrr4..i ant access to entrances and exits from the FIS facility. 3. Increase the size of the Arrivals Primary Processing Area. 4. Improve the downstream baggage claim. 5. Increase the size of the Secondary Bag Screening. 6. Develop a facility that provides a high level of customer service. Renovation and expansion of the FIS facility must be designed in accordance with the recommendations and requirements of the Federal Aviation Administration, U.S. Customs and Border Protection, the Transportation Security Administration, and the Airport Administration. The building modifications, including structural, mechanical, plumbing, and electrical systems, will be designed in accordance with local and national building codes —68— Exhibit B Page 1 of 4 and to meet the operational needs within the remodeled area. Modifications to utilities such as water, sewer, power, communications and IT systems will be included as required for an operational facility. _ • Wildlife Hazard Analysis: Corpus Christi International Airport (CRP) requires a wildlife hazard assessment pursuant to Title 14 CFR, Part 139.337. This regulation stipulates that a: Wildlife hazard assessment be conducted by a wildlife damage management biologist who has professional training and /or experience in wildlife hazard management at airports or an individual working under direct supervision of such an individual. The wildlife hazard assessment must contain at least the following: • An analysis of the events or circumstances that prompted the assessment. • Identification of the wildlife species observed and their numbers, locations, local movements, and daily and seasonal occurrences. • Identification and location of features on and near the airport that attract wildlife. • A description of wildlife hazards to air carrier operations. • Recommended . " "ons for reducing identified wildlife hazards to air carrier operation. This section presents the proposed project approach (i.e., scope of the proposed services). All work to be conducted under this scope of services will be conducted by or under the supervision of a qualified airport wildlife biologist (as specified in FAA Advisory Circular 150/5200 -36). The wildlife hazard assessment will be prepared in a manner to comply with all requirements found in Title 14 CFR, Part 139.337 as well as Advisory Circular 150/5200 -33B; Hazardous Wildlife Attractants On or Near Airports as well as the Wildlife Hazard Management Manual prepared by the FAA. This project will be reimbursed under an FAA grant. Tasks to be completed, as an Additional Service, for this project include: • Field Surveys; • Wildlife Hazard Assessment Report; and • Wildlife Hazard Management Plan. Electrical Tunnel Structural Analysis: This project will consist of completing a structural integrity investigation of the existing electrical tunnel under the air carrier apron at the Corpus Christi International Airport in Corpus Christi, Texas. The _A fisting tunnel was constructed in 1960. Currently, the electrical tunnel is expc.°iel substantial water infiltration through the conduit penetrations in the tunnel walls. There are cracks along the tunnel walls which also exhibit evidence of water infiltration. Finally, the apron pavement above the existing tunnel is failing along the longitudinal centerline of the tunnel. This study will determine the structural integrity of the existing tunnel, the expected remaining life and propose repairs to —69— Exhibit B Page 2 of 4 maintain the tunnel or replacement options for a failing tunnel. We anticipate that the study will include the following elements of work: • A geotechnical investigation; • Visual assessment of the tunnel's interior will be performed to determine the locations and source of water intrusion and the location and type of any tunnel defects; • Structural analysis of the tunnel; • An evaluation of the concrete cylinders extracted from the tunnel's structure; and • Recommendations for ';rovements and their associated estimated construction costs. Fee: Original Contract Task 1 Terminal Rehabilitation Conceptual Phase Services $75,400 Task 2 Airfield Perimeter Road Rehabilitation TBN Task 3 Airfield Terminal Apron Rehabilitation Projects TBN Original Contract Fee $75,400 Amendment No. 1 Task 4 — Terminal Rehabilitation /Federal Inspection Station 1. Schematic Design Phase $39,284 2. Design Development Phase $52,379 3. Construction Documents Phase $104,246 4. Bid Phase $13,095 5. Construction Phase 52,891 6. Terminal Etec1'. ; iI Study $38,460 Subtotal Basic Services Fees (Lump Sum) $300,355 Fee for Additional Services (Allowance) (Not to Exceed) 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting 0 —70— Exhibit B Page 3 of 4 2. ROW Acquisition Survey (AUTHORIZED) 0 3. Topographic Survey (AUTHORIZED) 0 4. Environmental Issues 0 5. Construction Observation Services $105,944 6. Start-up Services 0 7. Warranty Phase $960 8. Provide SCADA Documentation 0 9. FAA/CBP Coordination $3,072 10. Construction Phase Additional Services $10,690 10. Direct Expenses $63,502 Sub -Total Additional Services Fees Authorized (Not to Exceed) $184,168 Task 4 Fee $484,523 Task 5 Wildlife Assessment 9. Wildlife Assessment — Lump Sum 91,550.00 10. Direct Expenses 41,903.50 Task 5 Fee $133,453.50 Task 6 Electrical Tunnel Structural Analysis 9. Electrical Tunnel Study $31,000 10. Direct Expenses $14,000 Task 6 Fee $45,000 Amendment 1. Fee $662,976.50 Total Fee $738,376.50 —71— Exhibit B Page 4 of 4 File : \Mproject\councilexhibits\exhE09046-82-83.dwg ‹UECES 624 LOCATION MAP NOT TO SCALE BOCKHOLT RD HWY 44 AGNES RD. CORPUS CHRISTI) INTERLVTfoNALJ AIRPORT „, MCGLOIN ROAD PROJECT # E09046, E09082, E09083 JOE MIREUR ROAD BEAR LANE EXHIBIT "C" Task Order 4 - Terminal Rehabilitation/Federal inspection Station Facility Renovation/Expansion, Task Order 5 - Wildlife Hazard Analysis and Task Order 6 - Electrical Tunnel Structural Inte9► r jpvesdgation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -16 -2010 11 AGENDA MEMORANDUM City Council Action Date: February 16, 2010 AGENDA ITEM: Resolution declaring and dedicating a 12.269 acre tract of land (out of Lots 14 and 15, Block 56, Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas) as a Wetland Preserve; authorizing the City Manager or his designee to execute and record the required real estate instrument and any other necessary documents; and authorizing the City Manager or his designee to take actions necessary to maintain the protected property as a wetland preserve subject to and in accordance with the success criteria in the Mitigation Plan revised September 2, 2009, Department of the Army Permit No. SW G- 2006 -01048 (formerly #24279), necessary for the Laguna Shores Road, Graham to Hustlin Hornet, Street Improvement Project No. 6278, Bond 2004. ISSUE: Construction of the Laguna Shores street improvement project will impact 2.39 acres of designated wetlands and open waters along Laguna Shores Road. On September 14, 2009, the US Army Corp of Engineers (USACE) granted Permit No SWG- 2006 -01048 (formerly 24279) to the City in connection with the street project. As mitigation for impacts to the wetland area, the City is required to designate a 12.269 -acre wetland preserve area within a buffer area located at the Laguna Shores Wastewater Treatment Plant property. This area wilt be held by the City in perpetuity as a wetland preserve and will be maintained in the vegetative and hydrologic condition described in the criteria of the Final Mitigation Plan for Laguna Shores Road. A resolution approved by City Council is needed to declare and dedicate the 12.269 acres as a Wetland Preserve. FUNDING: None required. RECOMMENDATION: Staff recommends approval of the resolution as presented. Pete Anaya Director of Engineering Services 826 -3781 peteanc cctexas.com Foster Crowell Director of Wastewater Services 857 -1801 fostercgic ctexas.com Additional Support Material: Exhibit A Background Information Exhibit B Location Map Exhibit C Wetland Preserve Site Survey Exhibit D Dedication of Wetland Preserve and Deed Restriction Exhibit E Resolution H:\HOME\EUSEBIOG \GENWgenda Items\Laguna Shores St Imps. Mitigation Plan\Agenda Memorandum.doc —75— BACKGROUND INFORMATION SUBJECT: Laguna Shores Road, Graham to Hustlin Hornet, ( #6278) Resolution for Wetland Preserve Dedication, 12.269 acres BACKGROUND: This project involves elevating, reconstructing and widening Laguna Shores Road between Graham Road and Hustlin Homet Drive to alleviate frequent inundation during high tides that disrupts traffic flow. This project is part of the Bond Issue 2004 projects, which were approved by voters on November 2, 2004. The project requires a U. S. Army Corps of Engineers Section 404 Permit because of the impact to 2.39 acres of designated wetlands in the area. This permit was obtained on September 14, 2009 under Permit No. SWG- 2006 -01048 (formerly #24279). A condition of the permit is to dedicate, create and preserve a new wetland area containing 12.269 acres of land. An unused section of the Laguna Wastewater Treatment Plant, shown on Exhibit B, was selected as an ideal location for the wetland mitigation. The 12.269 acres has been delineated and surveyed by RVE Engineering as shown on attached Exhibit C. The USACE permit contains a Final Mitigation Plan which lists terms and conditions associated with the new wetland preserve. In addition, an instrument will be required to be recorded in the public records reserving the wetland area in perpetuity. A Dedication of Wetland Preserve and Deed Restriction instrument will be utilized as shown on the attached Exhibit D. This instrument will assure that the Protected Property will be retained and maintained forever predominantly in the natural vegetative and hydrologic condition described in success criteria of said Mitigation Plan. Activities which may, in the future, be conducted within the Protected Property, that will affect the vegetative and or the hydrologic conditions outlined in the success criteria of the Mitigation Plan, must be coordinated with and approved by the United States Army Corps of Engineers (USACE), Galveston District, Regulatory Branch. City Engineering staff proposes to advertise for bids in early March 2010. A contract award is expected in early April with construction beginning in June and ending in August. As per the Final Mitigation Plan, the deadline for completion of the wetland mitigation project is October 2010. The cost of the mitigation project is estimated to be between $250,000 and $300,000. Funding is available from a $740,000 mitigation reserve contained in the street project budget. PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 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 —76— EXHIBIT A Page 1 of 3 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). 3. Mav 31, 2005 - Ordinance appropriating $423,980 from the unappropriated miscellaneous revenues from Water CIP Fund 4080; and appropriating and approving the transfer of $423,980 from Water CIP Fund 4080 into Street CIP Fund 3530 for the Laguna Shores Street Improvement Project; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $847,960. (Ordinance 026285) 4. Mav 31, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. in the amount of $423,980 for Laguna Shores Road - Graham Road to Hustlin' Hornet. (BOND ISSUE 2004) (Motion No. 2005 -175) 5. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) 6. October 21, 2008 — Motion authorizing the City Manager, or his designee, to execute a construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of $2,919,681.16 for the Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet for the Total Base Bid and Additive Alternate No. 1. (BOND ISSUE 2004) (Motion No. 2008 -275) 7. June 23, 2009 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of $117,064.40 for a restated amount of $3,036,745.56 for the Laguna Shores Road Rehabilitation from Graham Road to Hustlin' Hornet Drive. Bond 2004. (Motion No. 2009 -177) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004-Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). —77— EXHIBIT A Page 2 of 3 4. August 2, 2005 — Administrative approval of a geotech testing agreement with Rock Engineering and Testing Laboratory Inc. in the amount of $16,630 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 5. Mav 1, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. in the amount of $24,770 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 6. February 5, 2008 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with RVE, Inc. in the amount of $0 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 7. July 23, 2008 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with RVE, Inc. in the amount of $43,380 for a restated fee of $492,130 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 8. July 24, 2008 - Administrative approval of a construction testing agreement with Rock Engineering and Testing Laboratory Inc. in the amount of $5,430 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 9. April 3, 2009 — Administrative approval of Amendment No. 4 to the Contract for Professional Services with RVE, Inc. in the amount of $28,957.50 for a restated fee of $521,087.50 for Laguna Shores Road - Graham Road to Hustlin' Hornet. —78— EXHIBIT A Page 3 of 3 File : \Mproject \councilexhibits \exh6278f.dwg N.A.S. ✓ayNfr • �,I,N�oY PROJECT NO. 6278 VICINITY MAP NOT TO SCALE LAGUNA SHORES - GRAHAM RD. TO HUSTLIN HORNET WETLAND PRESERVE DEDICATI01 J SITE EXHIBIT "B" CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01 -28 -2010 Rr .Ml Rt\CUEN16\or, or cc- 7\05023 Lonna snare Rd-Groom m Navin no,, 1 (I6278)\Sow, Omo\E"Mml- Conaweainn easeme"una 0W DAIL 71 JAN 7010 TOM 1723 GRAPHIC SCALE 0 75' 150' 225' .300' WASTE WATER TREATMENT PLANT CHAIN LINK f FENCE CITY PARK L1 L2 L3 L4 L5 1.6 L7 L8 L9 LINE DATA BEARING LENGTH L10 L11 L12 1_13 L14 L15 N60'58'00 "W N14'59'52 "E N00'52'54 "E N06'57'39"W 589'27'20 "E N56'37'53 "E N29' 14'44 "E 560'58'51 "E L16 L17 L18 L19 L20 N30'09'29 "E S61'52'36 "E 525'07'04 "W 522'07'42 "E S09'00'30"W 516'49'32 "E 551'12'53"W S31'03'55 "W 51(727'051V 531'46'12"E 551'49'58 "W 56.53' 177.54' 68.65' 242.00' 130.77' 181.68' 196.33' 120.16' 85.39' 338.37' 81.38' 30.14' 49.22' 135.67' 219.38' 192.80' N60'58'00 "W 69.15' 70.87' 219.44' 438.24' 12.269 ACRES FOUND IRON RODS IRON ROD FOUND POINT OF BEGINNING 322.05' TC A 3/4" PIPE FOUND ALONG THE NORTHEAST LINE OF FLOUR BLUFF ESTATES L20 LAKESIDE DRIVE r6rlgirl6srin918 P.3.8 2627 (76103) ,,,,, 620 D,,lloIn Street (76401) Cmpus Cnr1 1L Ie"es 381.6.8651 Cr Fcc: 361.867.8656 o -moil: /Veer!- inc.COm we5site: www.rye- inc.com MEANDER OF SHORELINE O z 0 -J 1. 8 ARINGS BASED ON SOUTHEAST LINE OF FLOUR BLUFF ESTATES RECORDED IN VOLUME 8, PAGE 1 -2 M.R.N.C.T. 2. THIS DRAWING IS ACCOMPANIED BY FIELDNOTES OF A 12.269 ACRE TRACT DATED 1 -22 -2010. EXHIBIT C DEDICATION AS A WETLAND PRESERVE & DEED RESTRICTION The CITY OF CORPUS CHRISTI is the owner of that certain 12.269 acre tract of land ('Wet land Preservation Site" or `Protected Property "), real property more particularly described and shown in the attached map and metes and bounds description (Exhibit "A "). The City hereby dedicates the Protected Property for a wetland preserve, a special condition of the Department of the Army Permit No. SWG- 2006 -01048 (formerly #24279) and the Mitigation Plan for the Laguna Shores Road, Graham to Hustlin Hornet, Street Improvement Project No. 6278, revised September 2, 2009 (Mitigation Plan). One of the conditions of DA Permit No. SWG- 2006 -01048 (formerly #24279) requires the City, as Owner, to place restrictions on the deed for the Protected Property for the purpose of providing compensation for adverse impacts to waters of the United States. This dedication and instrument is to assure that the Protected Property will be retained and maintained forever predominantly in the natural vegetative and hydrologic condition described in success criteria of said Mitigation Plan. Activities which may, in the future, be conducted within the Protected Property, that will affect the vegetative and or the hydrologic conditions outlined in the success criteria of the Mitigation Plan, must be coordinated with and approved by the United States Army Corps of Engineers (USAGE), Galveston District, Regulatory Branch, prior to beginning the activity. The Protected Property is subject to the following conditions: Property Description: Attachment A -1: a. Exhibit "A" -- Map and Accompanying two Metes & Bounds of Tract b. Exhibit °B" from the Department of the Army Permit No. SWG -2006- 01048 (formerly #24279) and Mitigation Plan for the Laguna Shores Road, Graham to Hustlin Hornet, Street Improvement Project No. 6278, revised September 2, 2009; c. On -site photographs taken at appropriate locations on the Protected Property including all major natural features; d. A copy of the deed to the Protected Property, with an accurate legal description or a current survey certified by a Texas Registered Professional Land Surveyor (RPLS) of the Protected Property; —81— EXHIBIT D Page 1 of 4 e. A copy of a verged wetland survey map, which delineates all waters of the United States, including wetlands within the Protected Property. 1) Term These restrictions shall run with the land in perpetuity and be binding on all future owners, heirs, successors, administrators, assigns, lessees, or other occupiers and users. The owner must file this Deed Restriction of record with the County Clerk of Nueces County, Texas within 10 days of the date this document is signed and provide a copy of the recorded Deed Restriction to the USACE, Galveston District within 30 days of filing. 2) General Except for such specific activities as authorized pursuant to DA Permit No. SWG- 2006 -01048 (formerly #24279), the following activities are prohibited on the Property subject to this Deed Restriction: (a) There shall be no filling, excavation, mining or alteration of the Property that will affect the success criteria outlined in the Mitigation Plan unless approved in writing in advance by the USACE, Galveston District. 3) Rights of Access and Entry The USACE shall have the right to enter and go upon the Property for purposes of inspection, and to take actions including but not limited to scientific or educational observations and studies, and collection of samples. 4) Enforcement In the event of a breach of the restrictions by the Owner, or a third party working with the permission of or under the direction of the Owner, the USACE must be notified immediately. If the USACE becomes aware of a breach of this Agreement, the USACE will notify the Owner of the breach. The Owner shall have thirty (30) days after receipt of such notice to undertake actions that are reasonably calculated to swiftly correct the conditions constituting the breach. if the Owner corrects the conditions constituting the breach in a timely and reasonable manner, no further action is warranted or authorized. If the Owner fails to initiate such EXHIBIT D Page 2 of 4 _82_ corrective action within thirty (30) days or fails to complete the necessary corrective action, the USACE may undertake such actions, including legal proceedings, as are necessary to effect such corrective action. Any forbearance on the part of the USACE to exercise its rights in the event of a breach of the restrictions shall not be deemed or construed to be a waiver of their rights hereunder in the event of any subsequent failure of the Property owner to comply. Approved by Property Owner Signature Date Printed Name Title Approved by Applicant Signature Date Printed Name Title ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on by 'Angel R. Escobar as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. _83_ , 2010, Notary Public, State of Texas EXHIBIT D Page 3 of 4 AFTER RECORDING RETURN TO: CITY OF CORPUS CHRISTI Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION P. O. Box 9277 Corpus Christi, Texas 78469 -9277 EXHIBIT D Page 4 of 4 -84- RESOLUTION DECLARING AND DEDICATING A 12.269 ACRE TRACT OF LAND (OUT OF LOTS 14 AND 15, BLOCK 56, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS) AS A WETLAND PRESERVE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AND RECORD THE REQUIRED REAL ESTATE INSTRUMENT (DEED RESTRICTION /CONSERVATION EASEMENT) AND ANY OTHER NECESSARY DOCUMENTS; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ACTIONS NECESSARY TO MAINTAIN THE PROTECTED PROPERTY AS A WETLAND PRESERVE SUBJECT TO AND IN ACCORDANCE WITH THE SUCCESS CRITERIA IN THE MITIGATION PLAN REVISED SEPTEMBER 2, 2009, DEPARTMENT OF THE ARMY PERMIT NO. SWG- 2006 -01048 (FORMERLY #24279), FOR THE LAGUNA SHORES ROAD, GRAHAM TO HUSTLIN HORNET, STREET IMPROVEMENT PROJECT NO. 6278 (BOND 2004). WHEREAS, one of the goals of the Clean Water Act is to prevent the degradation of the Nation's waters, including the needless destruction of wetlands; and WHEREAS, under Section 404 of the Clean Water Act (33 U.S.C. 1344), the scope and location of certain activities, including placing dredged or fill material into "waters of the United States, including wetlands," require a permit from the U.S. Army Corps of Engineers before beginning any activity; and WHEREAS, the scope and location of the Laguna Shores Road, Graham to Hustlin Hornet, Street Improvement Project No. 6278 (Bond 2004) indicated a Section 404 Permit; and WHEREAS, the U.S. Army Corps of Engineers, Galveston District Office, issued Department of the Army Permit No. SWG- 2006 -01048 (formerly #24279), which requires that the City perform the authorized activity in accordance with the Permit's terms and special conditions. The special conditions require authorized losses of wetlands and other waters be offset by restored, enhanced, and created wetlands that replace those lost acres, functions and values; and WHEREAS, as mitigation for authorized losses of wetlands, the City has acquired and desires to dedicate as a wetland preserve a 12.269 acre tract of land to act as a buffer zone to ensure that there will be no encroachment of development on the preserve; and WHEREAS, for unavoidable impacts to waters of the United States, this protected land, which is located within the 100 -year Floodplain, will be monitored by the City and held in perpetuity as a wetland preserve; and WHEREAS, the purpose and intent of this Resolution is to assure that the subject lands will always be retained and maintained forever predominantly in the vegetative and hydrologic condition described in the success criteria of the Mitigation Plan for the Laguna Shores Road, Graham to Hustlin Hornet, Street Improvement Project No. 6278 revised September 2, 2009 under the City's Section 404 Permit No. SWG- 2006 -01048 (formerly #24279), _85_ H: \LEG- DIR\Veronica011.ENG \1 AGENDA ITEMS 110\021610\021610 Reso Wetland Preserve - Lanuna Shnres Rrl v 5 rinn BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 12.269 acre tract of land ( "Wetland Preservation Site" or `Protected Party "), real property owned by the City, more particularly described and shown in the attached map and metes and bounds (Exhibit "A "), is land hereby declared and dedicated as a Wetland Preserve, to be monitored by the City and held in perpetuity as a wetland preserve. SECTION 2. The City Manager or his designee is authorized to sign and record all necessary documents and real estate instruments to that effect, including but not limited to the required deed restriction /conservation easement. SECTION 3. The City and his designee are authorized to take other actions that are, in their judgment, necessary to maintain and preserve the Protected Property as a wetland preserve subject to and in accordance with the success criteria in the Mitigation Plan for Laguna Shores Road, Graham to Hustlin Hornet, Street Improvement Project No. 6278, revised September 2, 2009, Department of the Army Permit No. SWG- 2006 -01048 (formerly #24279). SECTION 4. This Resolution takes effect immediately from and after its passage. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TQ FORM: 26- Jan -10 ANHIA/ Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor H 11 FG- 11IR \VernnieaC) \1 FNC; \1 A (; F N r) A 8 fT E M S \10 \021610 \021610 Resn Wetland Preserve - 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 _87_ H: \LEG- DIR \Veronica011.ENG11 AGENDA ITEM S \10 \021610 \021610 Reso Wetland Preserve - 1 aril nn Chnroc Pd , ri rinr File : \ Mproject \councilexhibits \exh6278f.dwg LAGUNA SHORES - GRAHAM RD. TO HUSTLIN HORNET WETLAND PRESERVE DEDICATION SITE 88 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES WNW IWO IMP WWI 11.10.... 1faVE, NInc_ engineering- diving.surveying EXHIBIT "A" January 22, 2010 7 -05023 PROPERTY DESCRIPTION STATE OF TEXAS COUNTY OF NUECES • Field notes of a 12.269 are tract out of Lots 14 and 15, Block 56, Flour Bluff and Encinal Farm and Garden Tracts, a map which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, 'Texas. Said 12.269 acre tract of land is situated in Nueces County, Texas approximately 10 miles southeast of City Hall in Corpus Christi, Texas and is described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the east corner of Lot 26, I3lock L, Flour Bluff Estates, a map recorded in Volume 8, Page 1 -2, Map Records or Nueces County, Texas for the POINT OF BEGINNING ol'said 1 2.269 acre tract; THENCE N 60 °58'00" W along the north line of said Flour Bluff Estates, and southwest line of said Lot 14, a distance of 56.53 feet to the west corner of this 12.269 acre tract; (1,1) THENCE N 14 °59'52" E, a distance of 177.54 feet to an angle corner of this 12.269 acre tract; (L2) THENCE N 00 °52'54" E, a distance of 68.65 feet to an angle corner of this 12.269 acre tract; (L3) THENCE N 06 °57'39" W, a distance of 242.00 feel to an angle comer of this 12.269 acre tract; (L4) EXHIBIT A Page 1 of 4 820 Buffalo St., Corpus Christi, Texas 78401 -2216 P.O. Box 2927, Corpus Christi, Texas 78403.2827 phone: 361.687.8851 fax: 361.887.8855 e- me9r_ve @rve- inc.com website: www.rve- Inc.com 12.269 Acre Property Description January 22, 2010 • f xhibit "A" Page 2 THENCE S 89°2T20" E, a distance of 130.77 feet to on angle corner of this 12.269 acre tract; (13) THENCE N 56 °37'53" I, a distance of 181.68 feet to an angle corner of this 12.269 acre tract; (L6) THENCE N 29 °14'44" E, a distance of 196.33 feet to a point along the fence of a water treatment fbcility for an angle corner of this 12.269 acre tract; (L7) THENCE S 60 °58'51" E along saki fence, a distance or 120.16 feet to a fence corner post for an inside corner of this 12.269 acre tract; (L8) TIIENCE N 30 °09'29" E along said fence, a distance of 85.39 feet to the north corner of this 12.269 acre tract; (L9) 'I'i-1FNCL S 61 °52'36" E, a distance of 338.37 feet to point along the shoreline of Laguna Madre and east corner of this 12.269 acre tract; (L10) . THENCE S 25 °07'04" W, a distance of 81.38 feet to a meander point along the shoreline of Laguna Madre Ibr this 12.269 acre tract; (1.11) THENCE S 22 °07'42" E, a distance of 30.14 feet to a meander point along the shoreline of Laguna Madre 11)r this 12.269 acre tract; (L12) THENCE S 09 °00'30" W, a distance of 49.22 feet to a meander point along the shoreline of Laguna Madre for this 12.269 acre tract; (L13) 'I'1-IENCE S 16 °49'32" E, a distance of 135.67 feet to meander point along the shoreline ofLaguna Madre for this 12.269 acre tract; (L14) THENCE S 51°12'53" W, a distance of 219.38 feet to a meander point along the shoreline of Laguna Madre for this 12.269 acre tract; (L15) THENCE S 31 °03'55" W, a distance of 192.80 feet to a meander point along the shoreline of Laguna Madre for this 12.269 acre tract; (L16) '11-1ENCE S 10 °27'OS" W, a distance of 69.15 feet to a meander point along the shoreline of Laguna Madre Ibr this 12.269 acre tract; (L17) THENCE S 31°46'12" E, a distance or 70.87 feet to II meander point along the shoreline or Laguna Madre for this 12.269 acre tract; (L18) EXHIBIT A Page 2of4 12.269 Acre Property I)escripikm Janmi ►ry 22. 2010 Exhibit "A" Page 3 TIIENCE S 51 °4958" W, a distance of 219.44 feet to a point along the shoreline of Laguna Madre and point along the southwest line of said Lot 15 for this 12.269 acre tract; (1,19) THENCE N 6O °58'00" W along the northeast line of Lot 16 of said Flour Bluff and Encinal Farm and Garden Tracts and southwest line of said Lot 14, a distance 01 '438.24 feet to the POINT OF BEGINNING of this tract, containing 12.269 acres. (L20) This field notes description is accompanied by a survey drawing marked Exhibit f3 of n 12.269 acre tract, dated January 22, 2010. 1, Dale A. Wunderlich., Registered Professional Land Surveyor of 'Texas, do hereby certify that this description is based on an actual survey made on the ground, under my supervision, this the 22nd day of January, 2010. Registered Professional Land Surveyor Texas Registration No. 6181 EXHIBIT A Page 3 of 4 * 3 Mo. 1Wawt'\2r2 or cc•nN223 tqc.. 22., ee•2..o... a X..Vi. Hs al (:6322 A wuu.,w- a,2.rvakn eeu.wr.N: Orr Do* 21 j». 3210 Tan 1743 CITY PARK GRAPHIC SCALE 76' 160` 225' �•® ®111 L2 CYa,Y81>11111111117111 L6>♦ MEW 111111111=11111 II M�. a 11142111111-i1.tlivr ii41 NE = lib 1111tmakwil L17 11111FTM=111111111111nrill L16MIIIWITIMI 1.20 111117;777111111111rMill LINE DATA 1 .38' 12.269 ACRES 1 322.05' TO A 3/4" PIPE FOUND ALONG THE NORTHEAST1INE OF FLOUR BLUFF ESTATES LAKESIDE DRIVE 11, BEARINGS BASED ON SOUTHEAST LINE OF FLOUR BLUFF ESTATES RECORDED IN VOLUME 8, PAGE 1 -2 M.R.N.C.T. 2. THIS bRAWINO IS ACCOMPANIED BY FEMMES OF A 12.209 ACRE TRACT DATED 1 -22 -2010. EXHIBIT A Page 4 of 4 _92_ I -z2• /v 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 16, 2010 AGENDA ITEM: Ordinance amending the Code of Ordinances Section 53 -255, Schedule VI, Decrease of State Law Maximum Speed, by revising the speed limit on Park Road 22, from a point 1,000 feet south of Whitecap Boulevard to a point approximately 2,300 feet south of Whitecap Boulevard, from 55 miles per hour to 35 miles per hour when school speed zone lights are flashing; providing for penalties; providing for severance; and providing for publication. ISSUE: Seashore Middle School has requested a school zone on Park Road 22 to slow traffic down for the safety of the students. Seashore Middle School is concemed about pedestrian safety. The request includes changing the speed limit lower than the current 55 miles per hour, when school speed zone lights are flashing. Traffic Engineering has reviewed the request and approved a reduction of speed from 55 miles per hour to 35 miles per hour, and needs council approval to install a school zone in the area described (See Exhibit B). REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Section 53 -255, Schedule V, requires City Council Approval. PREVIOUS COUNCIL ACTION: N/A CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services PeteAn@cctexas.com 826 -3781 Attachments Exhibit "A" Background Information Exhibit "B" Site Background BACKGROUND INFORMATION REQUEST: Seashore Middle School has requested a school zone on Park Road 22 to slow traffic down for the safety of the students. Seashore Middle School is concerned about pedestrian safety. The request includes changing the speed limit lower than the current 55 miles per hour, during school zone hours only. Traffic Engineering has reviewed the request and approved a reduction of speed from 55 miles per hour to 35 miles per hour, and needs council approval to install a school zone in the area described (See Exhibit B). ISSUES: Delays to traffic will be negligible when considering the added safety for pedestrians as well as vehicles coming to and from the Seashore Middle School. Pedestrians will be able to identify gaps in traffic easier and will be safer when crossing the street because of improved driver reaction times. REVIEWED BY TRANSPORATION ADVISORY COMMITTEE: The Transportation Advisory Committee met on August 24, 2009 to review the recommendation and unanimously voted to recommend approval to the City Council of the proposed Speed Zone change from 55 miles per hour to 35 miles per hour on Park Road 22, from a point 1,000 feet south of Whitecap Boulevard to a point approximately 2,300 feet south of Whitecap Boulevard, when school speed zone lights are flashing. EXHIBIT "A" Paae 1 of 1 C NNW VICINITY MAP SUBJECT: PARK RD. 22 SCHOOL ZONE EXHIBIT "B" Traffic Engineering Div. Engineering Services Dept. _97_ co cc WNIIECAP BLVD SPEED LIMIT 35 WHEN RASNING SEASHORE MOLE SCHOOL END SCHOOL ZONE SPEED LIMIT 55 0 CC s END ZONE` SPEED LIMIT 55 0 O fA MARQUHESA DH. SCHOOL) SPEED LIMIT 35 WHEN FLASHING PAGE2OF2 IOW MOM MOP SON LOCATION MAP EXHIBIT "B" SUBJECT: PARK RD. 22 SCHOOL ZONE Traffic Engineering Div. Engineering Services Dept. ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53 -255, SCHEDULE VI, DECREASE OF STATE LAW MAXIMUM SPEED, BY REVISING THE SPEED LIMIT ON PARK ROAD 22, FROM A POINT 1,000 FEET SOUTH OF WHITECAP BOULEVARD TO A POINT APPROXIMATELY 2,300 FEET SOUTH OF WHITECAP BOULEVARD, FROM 55 MILES PER HOUR TO 35 MILES PER HOUR WHEN SCHOOL SPEED ZONE LIGHTS ARE FLASHING; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is amended to decrease the speed limit to 35 miles per hour on Park Road 22, from a point 1,000 feet south of Whitecap Boulevard to a point approximately 2,300 feet south of Whitecap Boulevard, when school speed zone lights are flashing, by adding the following underlined text, as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES * * * * * Sec. 53 -255. Schedule VI, Decrease of state law maximum speed. Park Avenue: Between South Broadway and Staples Street - -20 mph - -At all times Park Road 22: From a point 1,000 feet south of Whitecap Boulevard to a point approximately 2,300 feet south of Whitecap Boulevard -35mph —When school speed zone lights are flashing Rojo Street: From the south curbline of Roosevelt Street to the south curbline of Arlington Drive - -20 mph--At all times H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA 1 bb M S \10 \021610 \021610 ORD Amend 53 -255 Park Rd 22 35 mph revised v.2.doc SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. H: \LEG- DIR \Veronica0\1.ENG \1 AGENDA 1 j,�E M S \10 \021610 \021610 ORD Amend 53 -255 Park Rd 22 35 mph revised v.2.doc u That the foregoing ordinance was read for the first time and passed to its second reading on this the 16th day of February, 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the 23`d day of February, 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: 09- Feb -10 By: t Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor H: \LEG- DIR \Veronica0 \1.ENG \1 A G E N D_A,) 1 E M S \10 \021610 \021610 ORD Amend 53 -255 Park Rd 22 35 mph revised v.2.doc 13 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: 1st Reading on January 19, 2010 AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND SOUTH TEXAS INSTITUTE FOR THE ARTS TO DECREASE THE LEASED PREMISES IN ORDER TO CREATE THE ANTONIO E. GARCIA PARK. REQUIRED COUNCIL ACTION: Authorizing the City Manager or his designee to amend the lease agreement between the City of Corpus Christi and the South Texas Institute for the Arts for property located at 2021 Agnes Street and also known as the Antonio E. Garcia Education Center. RECOMMENDATION: Staff recommends amending the lease agreement between the City of Corpus Christi and the South Texas Institute for the Arts for property located at 2021 Agnes Street and also known as the Antonio E. Garcia Education Center. Eddie Ortega Neighborhood Services Director EddieoCa)_cctexas.com 361.826.3234 ADDITIONAL SUPPORT MATERIAL Background Information Ordinance Lease Amendment AGENDA MEMORANDUM BACKGROUND INFORMATION The location of the Antonio E. Garcia Education Center (Center) was determined after many years of planning with a goal to serve an audience in the immediate area around the site. The building, constructed with CDBG funds, is the result of grassroots efforts to create a location where performance, visual art, education classes and community activities can occur in a safe and pleasant environment. After opening in 1993, Center leadership found it difficult to raise operating funds that served the mission. In 1997, the Center of Hispanic Arts merged with two other art organizations to become the South Texas Institute for the Arts (STIA). STIA is affiliated with Texas A &M University of Corpus Christi. The Antonio E. Garcia name honors an artist teacher who fulfilled a major role in the development of twentieth century visual art in the city. STIA has operated the site since September 1997. During the period all former debts have been paid and funding mechanisms created that provide for the operations at the site. Original partnerships have been with the Westside Business Association, Weed and Seed, CCISD, dance groups and ongoing exhibits and family days were initiated to serve the target audience of low -to- moderate income families within CDBG Census Tracts 9, 10, 11, 12 ands 13. Within the past ten years there have been significant improvements surrounding the Center such as new streets, curb and gutter and sidewalks which were funded through the CDBG program. In addition, there are other stakeholders/partners in the area such as the Neighborhood Centers of Corpus Christi which will be constructing a new child care center at the corner of 18th and Marguerite Streets and which will be utilizing CDBG and CDBG -R (Recovery) program funds to complete. Furthermore, the City Council approved a Westside Business Association project proposal to construct a parking lot adjacent to the Center alongside 18th and Agnes Streets which will be funded through the CDBG -R program. Most recently, the Junior League of Corpus Christi (JLCC) has identified a portion of the City - owned property surrounding the Center as their next project site which will be known as the Antonio E. Garcia Park; however, in order to reduce the liability and limit the exposure in converting vacant land to a public park, the project stakeholders (City, STIA, JLCC and TAMUCC) have agreed to sever a portion of the City -owned property area so that it may be dedicated as park land with an Adopt -A -Park concept within a CDBG eligible tract area. Staff is recommending that the lease agreement be amended to incorporate the property not being severed for park land as property being leased between the City and STIA and also known as the Antonio E. Garcia Education Center. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND SOUTH TEXAS INSTITUTE FOR THE ARTS TO DECREASE THE LEASED PREMISES IN ORDER TO CREATE THE ANTONIO E. GARCIA PARK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a second amendment to the existing lease agreement between the City and the South Texas Institute for the Arts to decrease the leased premises in order to create the Antonio E. Garcia Park. A copy of the fully executed lease amendment, containing an exhibit which details the revised leased premises, is attached and will be placed on file in the City Secretary's Office. —107— EHord289 revd.doc The foregoin this the rdinance as read for the first time and passed to its second reading on day ofd t Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick , 2010, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott The foregoing ordinance was read for the second time and passed to its final reading on this the day of , 2010, 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: January 13, 2010 Eliza • , h R. Hundley Assis ant City Attorney for the City Attorney CLIn..4 )Qc Ars" —108— Joe Adame Mayor SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS INSTITUTE FOR THE ARTS This second amendment ( "Second Amendment ") is made by and between the City of Corpus Christi ( "City ") and the South Texas Institute for the Arts, formerly known as the Corpus Christi Art Foundation, Inc. ( "Lessee "). WHEREAS, the City and Lessee executed a lease agreement ( "Lease ") in 1992 for use of the Antonio E. Garcia Education Center (formerly known as the Hispanic Arts Cen- ter), which Lease was subsequently amended in 2000 ( "First Amendment ") to extend the term and expand the boundaries of the leased premises; and WHEREAS, the parties desire to execute this Second Amendment to express their mutual decision to decrease the boundaries of the leased premises stated in the Lease and First Amendment, in order to allow for the creation of a new park. Section 1. By execution of this instrument, the parties agree to recognize a reduction in the size of the leased premises, such new premises being depicted in Exhibit "A" and containing a portion of a 7' alley remaining subject to public use for ingress and egress, which Exhibit "A" is attached to this Second Amendment and is incorporated into this document as if set out fully in its entirety. Section 2. By execution of this Second Amendment, the parties agree to revise the leased premises stated in the Lease and First Amendment by decreasing the size of the boundaries and to recognize the new leased premises (a portion of the alley being included but remaining subject to use by the general public, as stated above) as de- picted in Exhibit "A" for the remainder of the Lease term. All other terms, conditions, and covenants of the Lease and First Amendment not changed by this Second Amend- ment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) 1 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2010. ATTEST: Armando Chapa CITY OF CORPUS CHRISTI 'Angel R. Escobar City Secretary City Manager APPROVED AS TO FORM: l /c)-1 , 2010 Eliz- • . th R. Hundley Assi : nt City Attorney for the City Attorney LESSEE: South Texas Institute for the Arts By: 6. Print ame: -374 Title: it Date: 1 /� n STATE OF TEXAS § § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: Thi 'nstrume t ackno ledg d before me on cu,, .+ 1 , 2010, by i , of the South TexA, Institute for the Ms, A Tex nonprofit corporation, on behalf of the corporation. 4'.".'�r:% LAURISA.LYNN BAKLIK •�5'= Notary Public, State of Texas My Commission Expires -`''f M orCh 04 'ong%0, %% %` 4 v n -110- Nota Public, State o exas EXHIBIT i' Ali ANTONIO E. GARCIA EDUCATION CENTER LEASE TRACT STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 137 Acres (59,570 SQ.FT.) of land out of a portion of Lot 14, Block 4, Lawnview Annex as recorded in Volume 67, Page 86; Lots 2-4 and a portion of Lot 5, Block 5, Lawnview Addition as recorded in Volume A, Page 13; and a portion of Block 9, Home Place Addition as recorded in Volume A, Page 14 of the Map Records of Nueces County, Texas. This 137 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the northeast comer of Lot 15, Block 4, Lawnview Annex as recorded in Volume 67, Page 86 of the Map Records of Nueces County, Texas; THENCE S88 °00'00 "W along the north boundary line of said Lot 15, a distance of 137.15' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the southwest corner of this tract; THENCE NO2 °00'00 "W along the easterly right -of -way line of Eighteenth. Street a distance of 66.89' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an angle point of this tract; THENCE N09 °06'50 "W continuing along the easterly right -of -way line of Eighteenth Street a distance of 128.19' to a Found Drill Hole in concrete at the beginning ofa circular curve to the right; THENCE along said curve having a Radius of 10.00', an Arc Length of 16.95', and a Chord of N39°26'35 "E a distance of 14.99' to a Found 601) Nail on the southerly side of Agnes Street; THENCE N88 °00'00 "E along the southerly side of Agnes Street a distance of 283.31' to a Found Drill Hole, being an angle point of this tract; THENCE S67 °50'45 "E continuing along the southerly side of Ages Street a distance of 7.80' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi., Texas ", being the northeast comer of this tract; THENCE S02 °00'00" F along the easterly side of a 7' wide Alley as shown on plat of the Home Place Addition as recorded in Volume A, Page 14 of the Map Records of Nueces County, Texas, a distance of 202.14' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the southeast corner of this tract; —1 1 1 -- THENCE S$8 °00'00 "W through said Home Place Addition and Lot 14, Lawnview Annex, a distance of 147.33' to the POINT AND PLACE OF BEGINNING and containing 1.37 Acres of land. Bearings are with reference to North Boundary Line of Lots 2 -5, Block 5, Lawnview Addition as recorded in Volume A, Page 13 of the Map Records of Nueces County, Texas. State of Texas County of Nueces 1, Russell Ochs, a. Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. Th the 71" day of January, 2009. 1). ck. Russell D. Ochs State of Texas License No. 5;241 -112— -113- 3 �s 3 z o * o zZ vi C I J J J J -113- 3 lq CITY COUNCIL AGENDA MEMORANDUM 1St Reading on January 19, 2010 City Council Action Date:January 19, 2010 AGENDA ITEM: Ordinance dedicating the approximately .98 acre area located adjacent to the building currently occupied by Antonio E. Garcia Arts & Education Center, located at the intersection of Agnes Street and 17th Street, as Antonio E. Garcia Park. ISSUE: The Antonio E. Garcia Center is currently leased by the South Texas Institute for the Arts (STIA) to operate a community center in conjunction with Texas A &M Corpus Christi. Working with the surrounding community, the Junior League of Corpus Christi (JLCC) will build a playscape and walking trail on the .98 acre adjacent to the Center in effort to give the youth and families in the neighborhood an opportunity to increase their physical activity and combat obesity. Due to liability insurance requirements of the current lease for the Center, this generous donation by the JLCC would require an undue financial burden on the STIA. In order to continue forward with the playscape and walking trail development and to minimize liability for the STIA, this area will be removed from the lease agreement and dedicated as parkland. REQUIRED COUNCIL ACTION: Approve an ordinance dedicating the area adjacent to the Antonio E. Garcia Arts & Education Center as Antonio E. Garcia Park. PREVIOUS COUNCIL ACTION: n/a CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve an ordinance dedicating the area adjacent to the Antonio E. Garcia Arts & Education Center as Antonio E. Garcia Park. Stacie A. Talbert Interim Director, Parks and Recreation Staciet @cctexas.com (361) 826 -3476 Eddie Ortega Director of Neighborhood Services eddieo @cctexas.com (361) 826 -3044 Attachments: Survey of proposed parkland BACKGROUND INFORMATION The Antonio E. Garcia Arts & Education Center and adjacent property is currently leased by the South Texas Institute for the Arts (STIA) to operate a community center in conjunction with Texas A &M Corpus Christi. Working with the surrounding community, the Junior League of Corpus Christi (JLCC) will build a playscape and walking trail on the .98 acre adjacent to the Center in effort to give the youth and families in the neighborhood an opportunity to increase their physical activity and combat obesity. The JLCC will fund the improvements at the park. Due to liability insurance requirements of the current lease for the Center, this generous donation by the JLCC would require an undue financial burden on the STIA. In order to continue forward with the playscape and walking trail development and to minimize liability for the STIA, this area will be removed from the lease agreement and dedicated as parkland. A copy of the survey is attached for your review. Antonio E. Garcia was an artist teacher who played a major role in the development of twentieth century visual art in Corpus Christi. As the adjacent center is named for the artist a suggestion was made to dedicate the park in the same name. During the January 13, 2010 Parks and Recreation Advisory Committee meeting the committee approved the dedication of Antonio E. Garcia Park as parkland. The Parks and Recreation Department will work with the STIA and Texas A &M University at Corpus Christi to develop a partnership through the Adopt -a -Park Program for maintenance of the park. Staff recommends City Council approve an ordinance dedicating the area adjacent to the Antonio E. Garcia Center as Antonio E. Garcia Park. ORDINANCE DEDICATING THE APPROXIMATELY .98 ACRE AREA LOCATED ADJACENT TO THE BUILDING CURRENTLY OCCUPIED BY THE ANTONIO E. GARCIA ARTS & EDUCATION CENTER, LOCATED AT INTERSECTION OF AGNES STREET AND 17TH STREET, AS ANTONIO E. GARCIA PARK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The approximately .98 acre area located adjacent to the building currently occupied by the Antonio E. Garcia Arts & Education Center, located at the corner of Agnes and 17TH Streets is dedicated as "Antonio E. Garcia Park." A metes and bounds description of the park area is attached as an Exhibit to this Ordinance. That the foregoing ordin ce was read for the first time and passed to its second reading on this the /71-' day of ��,r -- , 2010, 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 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 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: b.., . 13; 2oi� Lisa Aguila Interim Ci ttorney Joe Adame Mayor ANTONIO E. GARCIA PARK STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.98 Acres (42,595 SQ.FT.) of land out of the remainder of Lot 14, Block 4, Lawnview Annex as recorded in Volume 67, Page 86 and Lots 1 -7, Block 9, Home Place Addition as recorded in Volume A, Page 14 of the Map Records of Nueces County, Texas. This 0.98 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the northeast corner of Lot 15, Block 4, Lawnview Annex as recorded in Volume 67, Page 86 of the Map Records of Nueces County, Texas; THENCE N88 °00'00 "E through Lot 14, a distance of 147.33' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an interior corner of this tract; THENCE NO2 °00'00 "W along the easterly side of a 7' Alley as shown on Plat of the Home Place Addition as recorded in Volume A, Page 14 of the Map Records of Nueces County, Texas, a distance of 202.14' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the northwest corner of this tract; THENCE S67 °50'45 "E continuing along the southerly side of Agnes Street a distance of 30.16' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an angle point of this tract; THENCE N87 °38'10 "E continuing along the southerly side of Agnes Street a distance of 48.61' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an angle point of this tract; THENCE N65 °54' 10 "E continuing along the southerly side of Agnes Street a distance of 32.50' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the beginning of a circular curve to the right; THENCE along said curve having a Radius of 10.00', an Arc Length of 19.56', and a Chord of S58 °02'55 "E a distance of 16.59' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" on the westerly side of Seventeenth Street; THENCE S02 °00'00 "E along the westerly side of Seventeenth Street a distance of 242.12' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the beginning of a circular curve to the right; THENCE along said curve having a Radius of 10.00', an Arc Length of 15.82', and a central angle of 90 °38'00" to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" on the northerly side of Marguerite Street; THENCE S87 °49'12 "W along the northerly side of Marguerite Street a distance of 66.18' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the beginning of a circular curve to the left; THENCE along said curve having a Radius of 228.50', an Arc Length of 67.08', and a central angle of 16 °49'12" to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas "; THENCE S71 °00'00 "W continuing along the northerly side of Marguerite Street a distance of 74.65' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an angle point of this tract; THENCE S85 °35'20 "W continuing along the northerly side of Marguerite Street a distance of 53.61' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" on the easterly boundary line of said Lot 15, Block 4, Lawnview Annex; THENCE NO2 °00'00 "W along the easterly boundary line of said Lot 15, a distance of 93.32' to the POINT AND PLACE OF BEGINNING and containing 0.98 Acres of land. Bearings are with reference to North Boundary Line of Lots 2 -5, Block 5, Lawnview Addition as recorded in Volume A, Page 13 of the Map Records of Nueces County, Texas. State of Texas County of Nueces 1, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 7TH day of January, 2009. .,c 0 F T. Russell D. Ochs RUS$E14. D. OOHS �• °q 5241 1'9 • ?Res$ State of Texas License No. 5,241 —122— amm HILL. W M ! "3400 £41 HIOIM 3W,WVA i3 I S H16L O 0 O O Scale In Feet O O O O (4J wl Wo _ m ▪ a 3 9 O U FIe:C: \PROJECTS \GARC41 ARTS 3 \DWG \TRACT B.DWG —123— DISTANCE I 147.33 �LOtD • Ned 32.50 242.12 � t00 74.65 —N Inrn w LLI (9 Pr 0 OON000 0 Oi` O cv O 00'1 O O 0 *OG)000 00dpr30 m O t00Ocon00DO Z ZM tocnz J L12 L13 IJ L15 JJ O 0 O O Scale In Feet O O O O (4J wl Wo _ m ▪ a 3 9 O U FIe:C: \PROJECTS \GARC41 ARTS 3 \DWG \TRACT B.DWG —123— 15 NO ATTACHMENT FOR THIS ITEM 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/16/2010 AGENDA ITEM: Motion confirming the City Manager's appointment of Carlos Valdez to serve as City attorney effective March 15, 2010 ISSUE: The City Attorney position became vacant on September 24, 2009. The City began recruitment to fill the position soon thereafter. The recruitment process resulted in the City Manager's selection of Carlos Valdez as City Attorney. REQUIRED COUNCIL ACTION: The City Attorney is an appointment of the City Manager; however the appointment must be confirmed by the City Council in accordance with City Charter Article IV Section 10 Legal Department. PREVIOUS COUNCIL ACTION: There has been no previous action by City Council on this appointment. CONCLUSION AND RECOMMENDATION: The City Manager recommends that City Council approve this appointment, and confirm Carlos Valdez as City Attorney. r A gel R. Escobar City Manager 'angele @cctexas.com 361- 826 -3220 Attachments Carlos Valdez' resume BACKGROUND INFORMATION The City conducted an executive search in order to fill the vacant position of City Attorney utilizing the following process. • Advertisement in the: o Texas City Attorney's Association website, o Texas Lawyer publication, o Texas Municipal League website, o Texas Bar Journal, and, o the City's internet site. Twenty -eight (28) applications and /or resumes were received and reviewed. The City Manager recommends Carlos Valdez to serve as the next City Attorney and asks that City Council confirm this appointment. In the search for a City Attorney, the City Manager looked for someone who: • exhibited outstanding integrity; • had competence in their previous position; • had the ability to communicate in a governmental setting; • possessed a keen legal mind; • had the ability to supervise a group of attorneys; and • was familiar with the City as well as some of the most pressing problems facing the City (preferred). Mr. Valdez has over 28 years of serving the public in a governmental position, beginning as Assistant County Attorney for Nueces County in 1981, serving as County Attorney from 1985 -1992 and serving as District Attorney for the last seventeen years. Mr. Valdez has a proven record of extremely hard work coupled with a recognized brilliant legal mind. His ethics and integrity are respected statewide and stand above reproach. He has very effectively supervised offices of attorneys over the years and has received numerous awards. The City Manager is confident that Mr. Valdez will prove to be an excellent City Attorney who will serve the needs of the City Council as well as my office and all other City staff. Upon confirmation, Mr. Valdez's appointment will be effective March 15, 2010. The resume of Carlos Valdez is attached. CARLOS VALDEZ DISTRICT ATTORNEY NUECES COUNTY COURTHOUSE 901 LEOPARD, ROOM 206 CORPUS CHRISTI, TEXAS 78401 EDUCATION: A.A., Del Mar College (1976) Corpus Christi, Texas B.A., Texas A & I University (1976) Corpus Christi, Texas J.D., University of Oklahoma (1979) Norman, Oklahoma BAR ADMISSION: State Bar of Texas (1980) Federal Court - Southern District of Texas (1981) PROFESSIONAL EXPERIENCE: HONORS: Private Practice - Associate: Law Offices of Eduardo E. deAses (1980 -1981) Assistant County Attorney, Nueces County, Texas (1981 -1984) County Attorney, Nueces County, Texas (1985 -1992) District Attorney, January 1, 1993 - Present Boys and Girls Club Outstanding Role Model Award LULAC Outstanding Community Leader Award Corpus Christi Police Officers Association Award of Merit Knights of Columbus Obscenity Enforcement Award State Bar of Texas Presidential Citation Del Mar College Wall of Honor Texas A & M University at Corpus Christi Outstanding Alumni Award TEACHING EXPERIENCE: Nueces County Sheriffs Academy Faculty Advisor, National College of District Attorneys Frequent Lecturer, Del Mar College Frequent Lecturer, Texas A &M University at Corpus Christi Frequent Lecturer, Texas District and County Attorneys Association Faculty Advisor, National Advocacy Center Adjunct Professor, Texas A &M University at Corpus Christi MEMBER: State Bar of Texas Texas District and County Attorneys Association OTHER PROFESSIONAL ACTIVITIES: Nueces County Task Force Against Family Violence Nueces County Gang Violence Task Force Community Justice Council Board of Directors - Texas District and County Attorneys Association COMMUNITY INVOLVEMENT: Former Chairman of the Board of Directors of Greenwood Molina Nursery School Former Member - Boy Scouts of America Committee Former Member - United Way Task Force Member - Civitan Club Honorary Mediator - Nueces County Dispute Resolution Center Advisor Member - Remove Intoxicated Drivers (RID) Advisor - Explorers Law Post No. 507 Advisory Committee Member — American Red Cross PUBLICATIONS AND PAPERS: "DWI Roadblocks - Recent Developments" Coastal Bend Medicine, December 1989, Vol. 29, No. 6 "Courtroom Conduct: Ten Rules to Try By" presented at Nueces County Young Lawyers Association meeting "Records Management: A Lawyers Perspective" The County and District Clerk, March 1991, Vol. 18, No. 6 "Ethical Solutions in Office Operations," Experienced Prosecutor course, March, 1997. "Justice for Selena ", The State vs. Yolanda Saldivar, Trafford Publishing, published in 2005 TRIAL EXPERIENCE: Nueces County v. Texas Department of Corrections (1987) Lead counsel for plaintiff in a suit which resulted in a landmark one hundred million dollar judgment against the State of Texas and required the removal of all state prisoners from county jails. Led to the complete revamping of the state's corrections policies. Trivett v. Hickey and Nueces County (1988) Lead counsel for defense in a jail litigation suit filed by inmates which resulted in changes to local jail system and no monetary damages against the county. State v. Yolanda Saldivar (1995) Lead counsel for the State in murder case involving the slaying of Tejano Superstar Selena - Defendant was convicted of murder and sentenced to life in prison. State v. Frank Flores Cuellar (1996) Lead counsel for the State in Intoxication Manslaughter case involving the death of a child who was in utero at the time of the accident - Defendant was convicted and sentenced to sixteen years in prison. State v. Thomas Short (2006) Lead counsel for State in Capital Murder case involving the death of a fetus. One of the first prosecutions of this type under a recently enacted statute. State v. Mauricio Cells (2009) Lead counsel for State in case involving Defendant holding himself out falsely as a Lawyer. Defendant convicted on fourteen counts. Several other high profile and legally significant cases. QUOTES AND APPEARANCES: American Bar Association Journal U.S. News and World Report Newsweek The Today Show 20/20 Geraldo Show E! Entertainment Several major newspapers "Snapped" Primer Impacto 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 16, 2010 AGENDA ITEM: Ordinance repealing Ordinance 027971, passed and approved on December 9, 2008, and amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf Beach Seaward of portions of the concrete segment of the Padre Island Seawall and establishing a vehicle free area when the distance between the toe of the Seawall to the Mean High Tide Line is less than 150 feet in width; allowing the operation of vehicles within 50 feet of the water's edge when parking and when soft-sand conditions prevent the safe transit of vehicles on the upper beach; allowing two -way vehicular traffic on the Gulf Beach between the northern end of the Seawall and Padre Balli Park (Beach Access Road #4); establishing a pedestrian safe area in the area seaward of 50 feet from the Mean High Tide Line between the northern end of the concrete Seawall and the Packery Channel Jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the Seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations to show the approximate location of bollards to be installed on the beach; providing for penalties; providing for severance; providing for publication; and providing a delayed effective date ISSUE: The extremely narrow beach between portions of the Gulf Beach seaward of the concrete portion of the Padre Island Seawall create an extremely unsafe condition in which both beachgoers and drivers are at grave risk and the same time, there is public necessity to restrict vehicular access to those portions of the Gulf Beach seaward of the concrete portion of the Padre Island Seawall when the width of the beach is Tess than 150 feet between the toe of the Seawall and the water. In addition, the installation of bollards 50 feet from the mean high tide line between the northern end of the concrete Seawall and the Packery Channel Jetty will create a pedestrian safe area for beach goers on this heavily used segment of the Gulf beach. REQUIRED COUNCIL ACTION: Council must approve City Ordinances and their Amendments. PREVIOUS COUNCIL ACTION: Ordinance 027814, August 19, 2008 — calling an election 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. (Later incorporated into Ordinance 027813.) Ordinance 027813, August 19, 2008 — ordering a special election on the questions of authorizing obligations of the City supported by ad valorem taxes and restrictions on vehicular access to portions of the beach seaward of the concrete Padre Island seawall. Resolution 027851, September 9, 2008 — establishing the City Council's guidance on the installation of bollards seaward of the Padre Island seawall to address safety issues related to the eroding beach between renourishment efforts. Resolution 027913, October 21, 2008 — approving the general location of bollards in the vicinity of the Padre Island seawall and South Packery Channel jetty. Ordinance 027939, November 13, 2008 — canvassing returns and declaring results of special election 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 027971, on December 9, 2008 — adopted amendment to current rules similar to this proposal. CONCLUSION AND RECOMMENDATION: Staff recommends Council's approval of this ordinance. Stacie Talbert, Interim Director Parks and Recreation StacieT(a�cctexas. com 361 826 -3476 Background This ordinance is the latest step in a long process to address the safety issues related to vehicles driving in front of the concrete portion of the Padre Island seawall ( "seawall "). The issues were first raised when citizens voiced concerns during public comment at Council meetings about the safety of beach goers using the beach in front of the seawall. The City had previously tried to close the beach in front of the seawall, which ended in a public initiative that was adopted by the voters in 2006, which requires a public vote before a measure is adopted that restricts vehicle access on the Gulf beaches. Chapter 10, Beachfront Management and Construction, Code of Ordinances, is the City's current General Land Office ( "GLO ") certified "City of Corpus Christi Dune Protection and Beach Access Plan." That plan, in §10- 77(a), as certified by GLO prohibits vehicles from driving within 25 feet seaward of the vegetation line or lower edge of the seawall "in order to provide for the safety of individuals using the beach, and especially children." It also prohibits, in §10- 73(e), operating a vehicle within fifty (50) feet of the water's edge on any section of Gulf beach. Taken together the two sections effectively prohibit driving on the beach in front of the seawall when the width of the beach is Tess than 75 feet. Since the beach has eroded at the south end of the seawall, and is normally less than 75 feet, drivers are faced with a quandary. Since there is currently one -way south bound traffic, vehicles can start driving south from Beach Access Road #4 where the beach is generally wide. When they approach the beach in front of the Holiday Inn, the beach starts to narrow. They are then faced with either continuing south and risk a ticket for either driving within 25 feet of the lower edge of the seawall or within 50 feet of the water or they can turn around and travel the wrong way on a one -way roadway. (The beach is technically a State highway.) On January 23, 2007, in attempt to address the safety issue, the City Council adopted Ordinance 027121, which changed the direction of travel in front of the seawall from one -way southbound to one -way northbound. The adoption of the change in traffic direction was conditioned upon approval by GLO. However, GLO did not approve the proposed change in the direction of one -way traffic. In 2008, concerns were again being voiced by citizens during public comment at Council meetings about the safety of beach goers using the beach in front of the seawall. The City Council received a presentation on the subject on June 24, 2008, from the City Manager. Then Councilman McCutchon attempted to address the situation, and developed a compromise with members of the Beach Access Coalition, Padre Island Business Association, and Surfrider Foundation. As part of the compromise, the City Council adopted Ordinances 027813 and 027814, August 19, 2008 placed a proposition on the November 4, 2008, ballot that authorized the Council to restrict vehicles in front of the seawall. The Council followed up with Resolution 027851, on September 9, 2008, which provided guidance on what the Council meant by restrictions on vehicular access to when and where the width of the beach was Tess than 150 feet. The Council also directed the installation of bollards. One row of bollards would preserve the 25 feet pedestrian safe space adjoining the seawall and second row would allow at least 50 feet for two way traffic between the bollards. It also provided for head -in parking, and would extend the seaward bollards toward the south Packery Channel jetty. On October 21, 2008, a new resolution, Resolution 027913, was adopted. That resolution addressed issues that had been raised about the row of bollards between the northern end of the seawall and south jetty, including provision for access for launching vessels. In the run- up to the election, the City Council also stated its intent to renourish the beach in front of the seawall in an expeditious manner, and to try to maintain the beach to a minimum width of 200 feet. Following voter approval of the ballot measure,, the City Council adopted the compromise as Ordinance 027971, on December 9, 2008. The ordinance was submitted to GLO for review and approval. Because the GLO's staff was concentrating on responding to the issues related to Hurricane Ike in the Galveston area, they did not have time to address the City's proposed rule change. GLO asked the City to withdraw its ordinance from consideration, and resubmit it after the City and GLO staff could come to a consensus. The City formally withdrew the proposed rule change on May 27, 2009. Members of the GLO staff eventually visited the City on October 2, 2009, and were briefed on the safety problems in front of the seawall. As a result of that meeting, on December 7, 2009, GLO authorized the temporary emergency closure of the portions of the beach in front of the seawall when the beach is less than 150 feet in width. On January 4, 2010, the GLO submitted suggested modifications to the City's proposed rule changes. This proposed ordinance addresses the GLO's comments. Rather than amending Ordinance 027971, Ordinance 027971 is being repealed and a revised ordinance is proposed for passage in its place. With one exception, there are no significant substantive changes. The only substantive change is that it will allow vehicles to drive within 50 feet of the water when the sand on the upper beach is too soft to safely drive on. But it does prevent vehicles from driving between parked vehicles and the water to prevent interfering with swimmers running between the water and their vehicles and interference with fishing lines. If adopted by the City Council, the proposed ordinance will not take effect until the rule change is certified by GLO. The certification process should take at least 90 days. GLO needs to publish the proposed changes in a notice of proposed rulemaking, afford the public an opportunity to comment, publish the notice certifying the rule change and the delayed effective date. Once the rule is certified, the City will then initiate the process to install the bollards, put up the appropriate signs, and issue the appropriate press releases. Also, the location of the bollards may change if we re- nourish the beach with the latest FEMA grant. Page 1 of 11 ORDINANCE REPEALING ORDINANCE 027971, PASSED AND APPROVED ON DECEMBER 9, 2008 AND AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, TO RESTRICT VEHICULAR TRAFFIC ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE SEGMENT OF THE PADRE ISLAND SEAWALL AND ESTABLISHING A VEHICLE -FREE AREA WHEN THE DISTANCE BETWEEN THE TOE OF THE SEAWALL TO THE MEAN HIGH TIDE LINE IS LESS THAN 150 FEET IN WIDTH; ALLOWING THE OPERATION OF VEHICLES WITHIN 50 FEET OF THE WATER'S EDGE WHEN PARKING AND WHEN SOFT -SAND CONDITIONS PREVENT THE SAFE TRANSIT OF VEHICLES ON THE UPPER BEACH; ALLOWING TWO -WAY VEHICULAR TRAFFIC ON THE GULF BEACH BETWEEN THE NORTHERN END OF THE SEAWALL AND PADRE BALLI PARK (BEACH ACCESS ROAD # 4); ESTABLISHING A PEDESTRIAN SAFE AREA IN THE AREA SEAWARD OF 50 FEET FROM THE MEAN HIGH TIDE LINE BETWEEN THE NORTHERN END OF THE CONCRETE SEAWALL AND THE PACKERY CHANNEL JETTY; COMMITTING THE CITY COUNCIL TO UNDERTAKE EFFORTS TO RESTORE AND MAINTAIN THE BEACH IN FRONT OF THE SEAWALL TO A MINIMUM WIDTH OF 200 FEET; ADDING AN APPENDIX TO THE CITY OF CORPUS CHRISTI, TEXAS, DUNE PROTECTION AND BEACH ACCESS REGULATIONS TO SHOW THE APPROXIMATE LOCATION OF BOLLARDS TO BE INSTALLED ON THE BEACH; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A DELAYED EFFECTIVE DATE WHEREAS, the Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office, under the authority of the Texas Open Beaches Act, authorizes local govemments, with the prior approval of the General Land Office, to close portions of the public beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed; WHEREAS, the Padre Island seawall is 4216.5 feet long; WHEREAS, the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land adjoining the seawall, which is adjacent to the public beach; WHEREAS, the City has constructed a parking lot that will accommodate 310 cars; WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall that is closed to vehicular traffic; Page 2 of 11 WHEREAS, ingress and egress access to the beach is provided for vehicles at each end of the seawall; WHEREAS, ingress and egress access to the beach is provided for pedestrians along the entire length of the seawall by a perpetual easement that has been granted in favor of the public affording pedestrians noncommercial use along and over the entire length of the seawall and adjacent sidewalk; WHEREAS, signs will be conspicuously posted to explain the nature and extent of vehicular controls, parking areas, and access points; WHEREAS, it has been the City's long term plan to close the beach seaward of the seawall once the City constructed a parking lot on City owned property adjacent to the seawall; WHEREAS, Policy Statement II.B.3 of the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, adopted on February 28, 1995, an element of the City's Comprehensive Plan, provides that "Subsequent to the purchase and development of the parking lot landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall to vehicular traffic for safety purpose;" WHEREAS, Policy Statement C.15, MUSTANG -PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, provides the "in order to create a safe day use beach area in front of the sea wall, traffic will be prohibited once a public parking area is constructed," once a 300 space parking lot is available on the existing city and located adjacent to the seawall; WHEREAS, the 74th Texas Legislature recognized this plan when in 1995 it adopted §61.017(c)(1)(B) of the Texas Natural Resources Code, which in recognizing the seawall as the line of vegetation required the fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall be conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall; WHEREAS, the 2.9 acres of land owned by the City, on which the parking lot has been constructed, satisfies that obligation; WHEREAS, the closing of portions of the public beach seaward of the concrete segment of the Padre Island seawall when there is less than 150 feet of sand between the toe of the seawall and the mean high tide line will provide a family safe area for the public to use the beach without being exposed to the dangers posed by vehicles driving on the beach; WHEREAS, the public's right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall; —1 3 9— ACM n Page 3 of 11 WHEREAS, with the exception of the beach seaward of the seawall, it is the policy of the City of Corpus Christi, as adopted in Policy Statements B.33, and C.13, MUSTANG - PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, to maintain vehicle access along the Gulf beach unless necessary for an overwhelming public safety concern; WHEREAS, in 2006, the City's Charter was amended as a result of an initiative and referendum that limited the City Council's authority to restrict vehicular access to and on the Gulf beach unless approved by a majority vote of qualified voters of the City, voting at an election duly called for such purpose; WHEREAS, Article X, Section 4 of the City's Charter, as amended in 2006, allows the City Council to restrict vehicular access to areas of the Gulf beach for public necessity; WHEREAS, a public necessity is limited to environmental emergencies, public health and safety emergencies, and govemment functions whose importance justifies the restriction of vehicular access; WHEREAS, restrictions on vehicular access for public necessity must be limited to the smallest possible area and for the shortest possible duration; WHEREAS, the extremely narrow beach between portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall create an extremely unsafe condition in which both beachgoers and drivers are at grave risk; WHEREAS, there is public necessity to restrict vehicular access to those portions of the Gulf beach seaward of the concrete portion of the Padre island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water; WHEREAS, the restrictions of vehicular access to this small area of the Gulf beach are expected to be of limited duration due to planned renourishment of the beach at the southern end of the seawall; WHEREAS, the City Council put the issue of closing those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is Tess than 150 feet between the toe of the seawall and the water to a vote of the citizens of Corpus. Christi on Tuesday, November 4, 2008, when it adopted Ordinance 027813; WHEREAS, on Tuesday, November 4, 2008, a majority of the voters approved Proposition 8, entitled "SEAWALL BEACH ACCESS & SAFETY," by voting for the measure, which read: "RESTRICTING VEHICULAR ACCESS TO AND ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE PADRE ISLAND SEAWALL WHEN THE WIDTH OF THE BEACH BETWEEN THE TOE OF THE SEAWALL AND WATER IS LESS THAN 150 FEET," WHEREAS, Section 7 of Ordinance 027813 stated the effect of Proposition 8 as: "If this ballot measure is adopted, and is approved by the General Land Office, an ordinance —140— Page 4 of 11 will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall as a pedestrian safe area and closes the beach seaward of the concrete seawall to all vehicular traffic by prohibiting driving on that portion of the beach when the width of the beach between the toe of the seawall and water is Tess than 150 feet. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach;" and WHEREAS, on September 9 and October 21, 2008, the City Council adopted two resolutions to inform the citizens of the City of the locations where bollards would be installed to separate the vehicle -free areas from the portions of the beach on which vehicle would be allowed to transit and park in front of the concrete seawall and between the northern end to the concrete seawall and the Packery Channel south jetty; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance 027971, passed and approved on December 9, 2008, is repealed. SECTION 2. Section 10 -77, Code of Ordinances, is amended by revising subsection (e) to read as follows and deleting subsection (f): "Sec. 10 -73. Vehicular operation. "(e) It shall be an offense for a person to operate a vehicle within fifty (50) feet of the water's edge on any section of Gulf beach within the incorporated city limits of the City of Corpus Christi. This traffic regulation shall not apply to the following listed activities and segments of Gulf beaches, "(1) Vehicle engaged in the actual launching or loading of water craft. "(2) Beach maintenance, seawall maintenance, and emergency vehicles. "(3) Parking a vehicle at least 25 feet from the water's edge. "(4) When the upper beach sand is too soft to allow safe vehicular transit, and the vehicle does not drive between a parked vehicle and the water. SECTION 3. Section 10 -77, Code of Ordinances, is amended by revising the title; revising subsection (e); redesignating subsection (f) as subsection (i); and adding a new subsections (f), (g), and (h) to read as follows: —141— 1 An' Soa.rimll Goarh (:Inm vo (lrrlinanro r n901901n Page 5 of 11 "Sec. 10 -77. Vehicle- restricted Areas and Pedestrian Safe Areas "(e) The city manager may -shall establish as a pedestrian- safe - vehicle- restricted area those portions of the Gulf beach seaward of the concrete portion segment of the Gulf seawall, when the beach between the toe of the seawall and the mean high tide line is Tess than 150 feet in width. The city manager shall: "(1) Temporarily restrict the operation of vehicles in front of the concrete Padre Island seawall when and where the beach width is Tess than 150 feet. "(2) Install rows of bollards parallel to the seawall to maintain vehicle transit and parking lanes. "a. One row of bollards must preserve a 25' wide pedestrian safe space adioininq the seawall. "b. A second row of bollards located a minimum of 50' from the first row of bollards must allow two -way vehicle traffic seaward of the seawall. "c. Areas for approximately 79 head -in parking spaces (with a width of 15 feet), seaward of and parallel to the first row must be provided. "d. Head -in parking areas may not be located across from walkways that provide access to the seawall and beach from hotels, condominiums, parking lots, and other beach access points along the seawall. These areas should be marked as pedestrian crossings, and may not exceed 80 feet in width. "e. The bollards must be placed so as to maximize the area of pedestrian - safe beaches near the water in front of the seawall, while still maintaining vehicle lanes. "(f) The city manager shall mark vehicle- restricted and pedestrian safe areas with signs at each end of the vehicle - restricted and pedestrian safe area to give notice of the vehicle- restricted or pedestrian safe area and to prevent vehicles from entering the vehicle- restricted or pedestrian safe areas. "(q) The city manager shall establish a pedestrian safe area on those portions of the Gulf beach between the north end of the concrete Padre Island seawall and the south jetty of Packers Channel. "(1) The bollards must be installed no farther than 50 feet landward of mean high tide for a distance of approximately 1550 feet from the north end of the concrete seawall to a point 600 feet from the south lefty. Page 6 of 11 "(2) The bollards must be spaced to prevent the passage of vehicles between the bollards. "(3) At the northern end of the row of bollards parallel to the water, a perpendicular row of bollards with a chained opening must be installed that extends seaward to the line of mean low tide. "(4) At least two areas must be designated for boat launch access, and the bollards spaced to allow vehicles and boat trailers through the row of bollards. "(5) Openings that are gated or chained must be installed in the bollards to allow, vehicles to operate seaward of the bollard line only when the upper beach sand is too soft to allow safe vehicular access to the iettv. "(h) Appendix XVII of the City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations illustrates the approximate location of the bollards that will separate the vehicle free areas and the areas set aside for vehicle transit and parking in the vicinity of the concrete seawall and south jetty of Packery Channel. "(f)Q. No vehicle -free area or pedestrian safe area may be implemented until the location and perimeter design has been submitted to the Texas General Land Office and approved- certified by the Texas General Land Office as an amendment to the Beach Management and Construction Ordinance." SECTION 4. Section 10- 80(e), Code of Ordinances, is repealed: "Sec. 10 -80. One-way traffic on beach and access roads. * * * SECTION 5. Section 10 -81, Code of Ordinances, is revised to read as follow: "Sec. 10-81. Portions of the beach closed. "The city manager, or the city manager's designee, is authorized to close portions of the beach to all vehicle traffic for declared safety reasons during periods including, but not limited to, extreme high tides, such as storm tide and "spring" tide events, and when Tess than a twenty -five -foot corridor along the beach is available for vehicular traffic. "(b) Except for emergency vehicles, vehicles used to maintain the beach, or vehicles used to provide beach related services under a permit issued by the City, when the City Manager has designated portions of the beach seaward of the Padre Island seawall as a vehicle -free area under Section 10- 77(e), those portions of the beach are closed to, vehicular traffic, and driving on those portions of beach is prohibited." —143— .vn. c•........." o..., 4, r'Inc..m rlrrlimmnrn n9(N901(1 Page 7 of 11 SECTION 6. The City Council will undertake efforts to renourish the beach in front of the concrete seawall in an expeditious manner in order to restore and maintain the beach to a minimum width of 200 feet. SECTION 7. The City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations are amended by adding a new Appendix XVII to read as follows: Page 8 of 11 APPENDIX XVII APPROXIMATE LOCATION OF BOLLARDS USED TO SEPARATE THE PEDESTRIAN SAFE AREAS VEHICLE -FREE AREAS AND THE AREAS SET ASIDE FOR VEHICLE TRANSIT AND PARKING IN THE VICINITY OF THE CONCRETE SEAWALL AND SOUTH JETTY OF PACKERY CHANNEL Figure 1 Eroded Beach Conditions LU LEEWARD DR. IST. BARTHOLOMEW (WINDWARD DR. OM. MOO i VESELAvour N SCALE: N.T.S. AERIAL FLOWN: FEB. 200i , •2 MEAN HIGH fl0E )GULF OF MEXICO .w. Page 9 of 11 Figure 2 Renourished Beach Conditions Page 10 of 11 SECTION 8. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 10. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 11. This ordinance take effect on the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office Page 11 of 11 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 Joe Adame City Secretary Mayor APPROVED: 1st day of February, 2010: R Reinin Firs Assistan City Attorney For City Attorney 18 CITY COUNCIL AGENDA MEMORANDUM February 16, 2010 AGENDA ITEM: A) Motion authorizing the City Manager or his designee to execute an amendment to the service agreement with Dolphin Sales and Service, Inc., doing business as Dolphin Recycling, to revise the amendment to recognize a conditional 15 year term, seta minimum monthly volume of recycling, establish fees and rebates, and modify other contractual provisions. (TABLED ON 2/09110) B) Discussion, consideration, and possible action regarding recycling program options. ISSUE: The Solid Waste Operations Department seeks to amend the existing recycling agreement with Dolphin Recycling in anticipation of significant changes planned for recycling and refuse collection. The contract amendment is necessary for the City to implement single- stream automated recycling collection and significantly increase recycling volumes. The change to the recycling program will be implemented in FY 2010 -11, to coincide with a transition from twice weekly to once weekly garbage collection. The City Council's approval of the contract amendment is essential prior to Dolphin Recycling's investment in expanding recycling processing capacity. Based on the City Council discussion and decision to table this item at the February 9, 2010, meeting, staff will present alternative options for the recycling program for the Council's consideration. This information will be provided at a later date, but before the Council meeting, REQUIRED COUNCIL ACTION: Approval or denial of motion as submitted or approval of alternative option presented for Council consideration. PREVIOUS COUNCIL ACTION: December2005: City Council approved a five -year contract with Dolphin Recycling, with three five - year renewal options. December 15, 2009: City Council deferred taking action on this item in light of pending General Fund budget amendment to address projected deficit. February 9, 2010: City Council tabled this item and requested staff to bring the amendment to the service agreement with Dolphin Sales and Service, Inc., back for consideration on February 16, 2010, along with alternative options for consideration. CONCLUSION AND RECOMMENDATION: Approval or denial of motion as submitted or approval of alternative option presented for Council consideration/ A4644/lk awrence Mikolajc A. Director of Solid Waste Operations 361- 826 -1972 LawM( cctexas. com —151— BACKGROUND INFORMATION In December, 2005, the City Council approved a five -year contract with Dolphin Recycling, with three five -year renewal options. The contract provides for Dolphin Recycling to accept recycling commodities collected through the City's curbside (curb -sort) recycling program and operate recycling drop -off centers. The agreement provides for rebates to be paid to the City based on a percentage of the sales price of the recycled commodities. Under the existing agreement, the City may exercise its first contract renewal option in December, 2010. The FY 2009 -10 adopted budget included significant changes to the Solid Waste Operations Department collection programs to increase efficiency, reduce expenses, and offer enhanced recycling services. Originally scheduled for May, 2010, was a transition from twice weekly to once weekly garbage collection. At the same time, an enhanced single -stream recycling curbside collection program was to be introduced. The interdependency of the new recycling and garbage collection programs makes it necessary to implement the programs at the same time. Due to FY 2009 -10 budgetary issues, the transition from twice weekly to once weekly garbage collection, and single -stream curbside recycling, has been delayed until FY 2010 -11. In FY 2010- 11, Solid Waste residential customers will be provided with recycling containers that are 5.3 times larger than the existing recycling bins. Recycling will be collected bi- weekly with automated collection vehicles, reducing labor, equipment, and fuel requirements. With advertising, education and the introduction of incentive programs to promote recycling, it's believed that recycling volumes will significantly increase. A key component of the enhanced recycling program is assurance to the City that the recycled items are processed, sold and recycled as intended. Dolphin Recycling needs assurance from the City that there will be a minimum sustained volume of recycling in order to justify capital investments needed to expand recycling processing capacity. CONTRACT SUMMARY: Staff's recommendation is to amend the contract to include the following provisions: • a conditional contract period of fifteen years • a guarantee of 1,000 tons per month of salable recyclables • the establishment of variable tipping fees paid to the contractor • the terms for which rebates are paid to the City • the requirement for a performance bond by the contractor —152— FIRST AMENDMENT TO THE RECYCLING SERVICE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DOLPHIN RECYCLING This first amendment ( "First Amendment ") is made by and between the City of Corpus Christi ( "City ") and Dolphin Sales and Services, Inc., a Texas corporation doing busi- ness as Dolphin Recycling, and General Partner of T.D.B. Enterprises, Ltd., a Texas limited partnership ( "Contractor "). WHEREAS, the City and the Contractor executed an agreement ( "Agreement ") on De- cember 2, 2005, for the purpose of utilizing the Contractor for the collection, processing, and marketing of residential recyclable commodities ( "Services "); WHEREAS, the parties desire to amend the Agreement to modify the Services provided by Contractor to the City under the Agreement; WHEREAS, the Contractor agrees, at the City's request, to modify its operations, pur- chase and install new processing equipment, and hire additional personnel in order to convert to and implement a single- stream (commingled) residential recycling program for City residents; WHEREAS, the City agrees, at the Contractor's request, to allow Contractor to exercise two option renewals prematurely, revising and converting the term of the existing Agree- ment into a new 15 -year term, so long as the required investment and expansion of the business is timely achieved, in order to allow Contractor to acquire and amortize new equipment necessary to achieve the City's goal of a single- stream recycling process; and WHEREAS, pursuant to the mutual considerations given, the parties desire to execute this First Amendment to revise the term of the Agreement and modify contractual provi- sions related to the Services to be delivered by Contractor under the existing Agree- ment. Section 1. Section 1 of the Agreement, entitled "Services," is amended by deleting it in its entirety and replacing it with language to read as follows: "1. Services. "(a) Contractor shall perform the activities stated in the Collection, Processing , and Marketing Residential Recyclable Commodities document in accordance with the Request for Proposal Bid Invitation No. BI- 0140 -05 ( "RFP "), the re- sponsive proposal to the RFP submitted by the Contractor ( "Response "), all —153— issued RFP amendments, the terms of this initial Agreement with Contractor, entitled "Exhibit A, Contractor, Dolphin Recycling, Service Agreement," all exhibits attached to and incorporated by reference in any of the foregoing documents, as well as the activities set out in any properly executed, written amendment to this Agreement. "(b) Prior to August 1, 2010, Contractor shall implement the services described under Scenario One on page 13 of the RFP (multiple stream) for the citizens of Corpus Christi. By August 1, 2010, Contractor shall make its best efforts to implement a city -wide single- stream (commingled) residential recycling program for the citizens of Corpus Christi, as stated in Scenario Two on page 13 of the RFP ( "Single- Stream Program "). Furthermore, the Single- Stream Program outlined in the RFP is modified as followed: (1) the Single- Stream Program is expanded to include the processing of mixed paper (e.g., junk mail, paper board, files, and kraft paper bags), empty steel aerosol /paint containers, metal cans (e.g., aluminum, tin, and steel), old corrugated cardboard, mixed office paper (e.g., from desktop), sorted white ledger paper, and plastic products labeled 1 thru 7; and (2) the Single- Stream Program is reduced, such that the Contractor will not be responsible for collecting commingled waste from the City's three drop -off sites. Until such time as the Single- Stream Program is operational, Contractor shall provide the services specified under Scenario One on page 13 of the RFP, as specified in the Contractor's Response, and as further stated in this Agreement between the parties." Section 2. Section 2 of the Agreement, entitled "Term," is amended by deleting it in its entirety and replacing it with language to read as follows: "2. Term. The original term of the Agreement is for 60 months and expires on December 2, 2010; however, if Contractor makes best efforts, as reasonably determined by the City, to implement and make operational the Single- Stream Program by August 1, 2010, the term of the Agreement is automatically extended an additional 15 years, expiring December 2, 2025, unless earlier terminated in accordance with the provisions set out in the Agreement. In the event the Con- tractor has not made its best efforts, as reasonably determined by the City, to implement and make operational the Single- Stream Program by August 1, 2010, the original term of this Agreement shall continue and Contractor may exercise three option renewals of five (5) years each, as stated under the original provisions. Both parties must agree in writing on the option to renew at the appropriate time, which time must be not later than six (6) months prior to the end of the then - current term of the Agreement." Section 3. Section 11 of the Agreement, entitled "Amendments," is amended by de- leting it in its entirety and replacing it with language to read as follows: "11. Amendments. This Agreement may be amended only by written instrument signed by duly authorized representatives of the parties to this Agreement. Tlnlnhin Recvdina Aomt 1 ct Amdmt Fina12 20100201.doc —154— Page 2 of 9 Notwithstanding the foregoing, the City Manager is authorized to execute amendments on behalf of the City that may be necessary for the proper admini- stration of this Agreement so long as the amendments do not modify the purpose or term of this Agreement." Section 4. Section 15 of the Agreement, entitled "Trash Service," is amended by deleting it in its entirety and replacing it with language to read as follows: "15. Trash Service. Effective August 1, 2010, the City shall provide a roll -off container ( "Container ") at Contractor's location for the accumulation of trash and debris generated by Contractor's Single- Stream Program; and the City shall be responsible for providing services to pick up and empty the Container, as needed, at no cost to Contractor, and City shall be responsible for all related disposal costs associated with the Container. Contractor is responsible for dis- posal costs for any waste generated from sources other than the City. Prior to August 1, 2010, Contractor shall bear all responsibility and costs for trash services and disposal costs for all waste generated at Contractor's location." Section 5. A new section entitled "Trailers" and numbered as Section 19 of the Agree- ment is added to the Agreement to read as follows: "19. Trailers. Upon implementation of a Single- Stream Program, the City shall provide manpower to operate the drop -off sites stated in the Agreement (see section 3.5 of the RFP). Prior to implementation, Contractor shall continue to oversee and operate all drop -off sites." Section 6. A new section entitled "Pricing Conditions" and numbered as Section 20 of the Agreement is added to the Agreement to read as follows: "20. Pricing Conditions. "(a) If the Contractor has made its best efforts, as reasonably determined by the City, to implement and make operational a Single- Stream Program by August 1, 2010, City guarantees to deliver to Contractor monthly an amount of materials capable of being processed into a minimum of 1,000 tons of saleable recycled products ( "Minimum Tonnage ") during the term of this Agreement. "(b) If the Contractor has made its best efforts, as reasonably determined by the City, to implement and make operational the Single- Stream Program by August 1, 2010, the Contractor shall rebate to the City, on a monthly basis, a variable amount of between 25% and 35% of the average monthly commodity sale price of saleable, recycled materials obtained by Contractor over the Minimum Tonnage, as such average commodity price is published in the Official Board Market's "Yellow Sheet," which is an industry monthly commodity price standard. In the event that publication of the Official Board Market's "Yellow Sheet" should cease during the term of this Agreement, the rebate amount due —155 Dolphin Recycling Agmt I st Amdmt Final2 20100201.doc Page 3 of 9 from Contractor to the City will be based on an industry-based commodity price standard to be mutually determined and agreed to by the parties. Plastic and metal commodity sale prices will be derived from the average actual mill prices paid to the Contractor during each month, in calculating the rebate. The Contractor must endeavor to process and sell all com- modities within 60 days of delivery from City. "(c) Subject to the Single- Stream Program implementation, Contractor shall provide the rebate due to the City by the last day of each calendar month fol- lowing the month of receipt of the tonnage of materials over the stated minimum tonnage. In the event the Single- Stream Program is not implemented, no rebate is due to the City from the Contractor; however, the sharing of proceeds between the City and Contractor at the levels previously established and indicated in the Agreement will continue in force and effect." Section 7. A new section entitled "Quality of Recycled Product Processed and Sold" and numbered as Section 21 of the Agreement is added to the Agreement to read as follows: "21. Quality of Recycled Product Processed and Sold. Contractor shall bear full responsibility for the processing of all recyclable materials (excluding glass products) received from City and producing it into a final, saleable product without recourse against, or request for reimbursement of any costs from, the City." Section 8. A new section entitled "Facility Capacity under Single- Stream Program" and numbered as Section 22 of the Agreement is added to the Agreement to read as follows: "22. Facility Capacity under Single- Stream Program. "(a) In the event a Single- Stream Program is implemented, Contractor shall ensure that all processing equipment and necessary accessories are installed and operational and can provide processing at a minimum amount of 10 tons per hour each weekday. Contractor bears full responsibility for ensuring that the Contractor's facility and personnel meet this minimum Single- Stream Program processing capability during the term of this Agreement. "(b) Contractor must, at all times, provide facilities with a tip floor area adequate to hold a minimum of 160 tons of unprocessed materials delivered from City trucks. In the event that the volume of unprocessed materials received from the City exceed the Contractor's tip floor area holding capacity, Contractor shall be solely responsible for providing the City with an alternate location at which to unload and store the unprocessed materials delivered by the City and to provide transport of the materials back to the Contractor's primary processing area as space allows." llnlnhin R ,rvdina Aamt 1st Amdmt Final2 20100201.doc —156— Page 4 of 9 Section 9. A new section entitled "Control of Wind Blown Waste and Cleanliness of Premises" and numbered as Section 23 of the Agreement is added to the Agreement to read as follows: "23. Control of Wind Blown Waste and Cleanliness of Premises. "(a) Contractor shall maintain the external premises of the Contractor's location at all times so as not to allow or permit the accumulation of litter and debris and shall exercise daily control over the site in order to contain and properly dispose of windblown waste and debris that may become scattered on the property, in order to remain in full compliance with all federal, State, and City laws, including Section 21 -53 of the City's Code of Ordinances. "(b) The Contractor must ensure that the processing facility's floor is kept clear of the buildup of materials, in order to allow the safe operation of City vehicles into the receiving area. Contractor shall maintain the processing facility in a neat and orderly manner at all times. "(c) Contractor shall take all reasonable precautions to prevent the littering of materials and to prevent odors at, from, and in close proximity to the processing facility: Contractor shall at all times operate the processing facility in a manner that does not create or cause a nuisance. Contractor must respond to all com- plaints regarding a nuisance arising out of, or related to, the Contractor's opera- tions within twenty -four (24) hours of receipt of such complaint" Section 10. A new section entitled "Performance and Payment Bonds" and numbered as Section 24 of the Agreement is added to the Agreement to read as follows: "24. Performance and Payments Bonds. "(a) In the event the Single- Stream Program is implemented, Contractor shall, before beginning work, post with the City a performance bond to be maintained in force for a period of one year during each year of the contract term referred to in Section 2 of the Agreement and for one -year periods during the term of any option renewal period, if applicable. The amount of the annual performance bond must be the amount of the value of the Contractor's yearly minimum annual guaranteed tonnage ($420,000). Should the dollar value of the yearly minimum annual guaranteed tonnage be adjusted during the term of this Agreement, the annual required bond amount will be similarly adjusted. Such bond shall secure the City against all costs, charges, and expenses related to the inability or failure, as may be applicable, of the Contractor to fully comply with the provisions of this Agreement, regardless of whether the City has incurred any costs, charges, or expenses. This financial guarantee must be in the form of a surety bond payable to the City. Dolphin Recycling Agmt 1st Amdmt Final2 20100201.doc —157— Page 5 of 9 (b) It is understood that a renewal surety bond will be provided at least 30 days prior to the end of the contract term for the proper amount for the new contract term. Each annual bond will denote the contract term being guaranteed. Con- tinuance of the contract between the City and Contractor does not obligate the existing surety company to provide a renewal bond for the next annual contract period. Failure of the existing surety company to provide a renewal bond for the next annual period does not constitute a default by the Contractor under the Agreement, but the failure of the Contractor to obtain a substitute surety bond shall constitute a default against the Contractor; however, the City will not take any action against the previous surety company. "(c) The annual bond must be issued by a surety company acceptable to the City, which surety company is authorized to lawfully transact business in the State of Texas, and such bond must be in a form and content satisfactory to the City. The bond must guarantee the Contractor's full and faithful execution of the work and the performance required under the Agreement. The bond must be provided from a surety company that has a rating of "A" from AM BEST, MOODY'S, or STAN -DARD & POOR'S. The surety company issuing the bond shall designate an agent who is a resident of Nueces County, Texas. Each bond shall be executed by the Contractor and the surety. "(d) The City requires that the Power of Attorney submitted with any surety bond be signed with an original signature and properly dated and sealed. In the event a facsimile Power of Attorney is used, the City must have on file a sworn state- ment from an officer of the surety company to the effect that the agent who signs the bond form for the surety company is currently in good standing with the surety. It is also required that the facsimile be a true copy of the original Power of Attorney on file among the records of the surety company in its home office, not be amended or abridged, still be in full force and effect, and that the City will be notified in the event of cancellation of the particular surety agent. "(e) Should any surety company on the Agreement be determined unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety bond satisfactory to the City. "(f) It is the responsibility of the Contractor to ensure that the performance bond does not expire and to ensure that a renewal bond is received by the City on or before the previous issued bond's expiration. Expiration of the bond without a sufficient replacement shall result in a $300.00 penalty per month to Contractor until a new bond is received and may, at the City's election, result in the termin- ation of the Agreement with the City. "(g) If Contractor terminates the Agreement (either voluntarily or involuntarily) before the completion of the then - current term, then City shall proceed without recourse to call (redeem) the bond to ensure that the City is made whole. Ad- ditionally, in the event the Contractor fails to cure any default in the performance Dolphin Recycling Agmt 1st Amdmt Final2 20100201.doc —158— Page 6 of 9 of the obligations stated in this Agreement following the cure period provided by City to Contractor under this Agreement, the City may call the bond. "(h) In order to call the bond, the sole documentation required to be provided by the City to the surety is a statement in writing from the Contract Administrator setting forth the applicable circumstances, as stated in Section 24(g) above in this Agreement, giving rise to the redemption demand. "(i) In the event the Single- Stream Program is implemented as contemplated in this Agreement, the Contractor shall also provide a sufficient annual payment bond in the amount of $390,000. Such bond must be issued by a surety com- pany meeting all of the requirements set out in this section for the issuance of a performance bond. The payment bond must be in an amount necessary to provide sufficient payment of all materials and labor bills incurred by the Contractor during a six -month period. In the event of the Contractor's default or termination of this Agreement and the call of the payment bond by the City, the City's call of the bond must be in accordance with the conditions stated in subsections (g) and (h) above." Section 11. A new section entitled "Tours," and numbered as Section 25 of the Agree- ment is added to the Agreement to read as follows: "25. Tours. Contractor shall provide educational and operational tours to any City organization or group, and to other City- sponsored individuals, organiza- tions, and groups upon the request of the City, on an appointment basis. The City may request tours outside of the scope of typical educational tours and such tours will be conduced by the contractor on behalf of the City." Section 12. A new section entitled "Load Rejection" and numbered as Section 26 of the Agreement is added to the Agreement to read as follows: "26. Load Rejection. Contractor shall immediately notify the Contract Admini- strator if a load received from one of the City's collection vehicles appears to have a non - recyclable contamination rate higher than fifteen (15) percent. Con- tamination occurs when a material, other than a recyclable material as stated in this Agreement, is included as part of a load of raw unprocessed waste. If the Contractor determines that a load is questionable, the Contractor shall move it to an area that does not interfere with the normal processing operation so that further inspection can be made by the City. Since the contamination rate of a load will be a subjective judgment, the Contractor must not refuse a load unless a supervisor from the City is present at the processing facility and is in agreement that the load is unacceptable. A supervisor of the City shall arrive within one hour of notice by the Contractor. Contractor shall document, in a detailed ex- planation of the Contractor's reason for rejection. Contractor shall sort the con- tents of the questionable load by commodity, and process each such acceptable Dolphin Recycling Agmt 1st Amdmt Fina12 20100201.doc —159— Page 7 of 9 commodity, unless otherwise mutually agreed by the parties to handle this pro- cess in another manner." Section 13. The parties agree that the pricing schedule submitted with Contractor's Response, which formed a basis for the Agreement and is entitled "4.3.6. Pricing Schedules" ( "Current Schedule "), will remain in effect until the Contractor has imple- mented the Single- Stream Program. When the Single- Stream Program is implemented, the Current Schedule will become obsolete, be deleted in its entirety from the Agree- ment, and be replaced in the Agreement with a new pricing schedule under the same title, a copy of which is attached to this First Amendment as Attachment 1 ( "New Schedule "). The contents of the New Schedule, which are incorporated into this First Amendment as if set out fully in this instrument and are incorporated into the Agreement by reference herein this First Amendment, are effective when the Single- Stream Pro- gram is implemented, as contemplated under this First Amendment. In the event imple- mentation is not achieved, as reasonably determined by the City, the parties agree that the Current Schedule will continue in effect for all purposes under the Agreement, until such Agreement may be later terminated, expires, or is amended. Section 14. By execution of this First Amendment, the parties agree to revise and incorporate an extended term and to revise and modify contractual provisions related to the Services stated in the Agreement. The parties further agree that all other terms, conditions, and covenants in the Agreement not changed by this First Amendment remain the same and in full force and effect. In the event of a conflict between docu- ments forming the Agreement between the parties, including this First Amendment, the parties agree that the terms of this First Amendment shall take precedence over the language in any other instrument. (EXECUTION PAGE FOLLOWS) Dolphin Recycling Agmt 1st Amdmt Final2 20100201.doc —160— Page 8 of 9 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 4/ ' _ : .'Ar 1 EaabzAi, R. Hundley Assis - t City Attorney for the City Attorney g/i/ CONTRACTOR: Dolphin as Dolphin Recycling, and partnership By: CITY OF CORPUS CHRISTI `Angel R. Escobar City Manager 2010 Sales and Service, Inc., a Texas corporation doing business General Partner of T.D.B. Enterprises, Ltd., a Texas Printed Name: "�C ,c,< _). L� ✓mss --� �� Title: Date: e - , 2 - / - C) /C3 STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on d , 2010, by �''�w \ C Y-; i . l - � r. � ; a e r of Dolphin Sales and Service, Inc., a Texas corporation doing business as Dolphin Recycling, and General Partner of T.D.B. Enterprises, Ltd., a Texas limited partnership, on behalf of the corporation and the part- nership. Dolphin Recycling Agmt 1st Amdmt r l l ?� e t i NotaryPublic, State of Texas Page9of9 ATTACHMENT 1 4.3.6 Pricing Schedule -- Effective upon implementation of Single- Stream Program 4.3.6.1 Tipping Fees (a) The City shall pay the Contractor tipping fees for all saleable recyclables collected by the City and deposited at the Contractor's sorting facility. The City shall pay a minimum monthly tipping fee to the Contractor which is based on the delivery of 1,000 tons of re- cyclables, regardless if the volume of actual delivered recyclables is less than 1,000 tons in that given month. (b) The `floor' and minimum tipping fee is $35 per ton and the maximum tipping fee is $65 per ton. The amount of the tipping fee may vary as determined by the average recyclable commodities price for the month and by the volume (measured in tons) of saleable re- cyclables delivered to the Contractor. (c) Average monthly commodity sales price will be calculated for any given calendar month using the commodity indices published as of the first issue of the month for which the rebate is earned by the City. The indices are applied for newspaper ( "ONP "), old corrugated card- board ( "OCC "), and household office paper /mail /household mixed paper /magazines ( "MIX "). Plastic and metal commodity market prices will be derived from the averaged actual mill prices paid to the Contractor during the month in which the rebate is earned by the City. See Table 1, which table is attached to this schedule and incorporated by reference into this document. (d) When revenues from the sale of recyclables plus the monthly tipping fees are less than the Contractor's total processing expenses, the tipping fee may be increased up to a maxi- mum of $65 per ton, in order to enable the Contractor to recover monthly processing ex- penses of $137,000. See Table 2, which table is attached to this schedule and incorpo- rated by reference into this document. Note: Table 2 is provided to illustrate the elasticity of the tipping fee, based on increases and decreases in the average monthly commodity sales price, and static volumes of 1,000, 1,250, 1,500, and 1,750 tons per month. (e) The Contractor and City have jointly agreed to a formula to calculate tipping fees that considers the volume and commodity sales price variables at various levels, illustrated by Table 3. Table 3 is attached to this schedule and incorporated by reference into this document. The formula will be applied monthly to calculate the tipping fees payable by the City and the rebate payable by the Contractor. 4.3.6.2 Average Commodities Sales Price (a) The average commodities sales price will be a weighted average, based on the pro- portion of the volume of materials, of the sales indices, and of the mill prices. The fractional proportion of an item's assigned value will be determined by a semiannual audit to be performed jointly by the Contractor and the Contract Administrator. The initial audit will be completed during the first week of implementation of the Single - Stream Program, in order to establish the proportional volume of categorized waste amounts being delivered to the Contractor. Subsequent audits will be completed at six - month intervals for the remaining term of the Agreement and proportional volume totals adjusted accordingly. Any adjusted totals, by type, will be the new proportional volume totals for the next six -month period for calculating the applicable Commodity Price and rebate due to the City. (b) The weighted average commodity sales price is calculated monthly as follows: the percentage of weight that each commodity represents as determined by the initial and subsequent semi - annual audits conducted jointly by the Contractor and the City multiplied by the monthly respective published indices (newspaper, cardboard, paper) and the monthly average actual mill prices (plastics, aluminum and tin) equals the monthly individual weighted sales prices (c) Lastly, the individual weighted sales prices are summed to total the monthly average commodity sales price. (d) Please refer to the example below: Example: Calculation of Weighted Average Commodity Sales Price C. Weighted A. B. Average Average Commodity Commodity Proportion Price Price Commodities Per Audit Per Ton Per Ton Aluminum 4% $1,200.00 $48.00 Tin 5% $25.00 $1.25 Paper (MIX) 35% $67.50 $23.63 Dolphin Recycling Agmt Att1 Full Page Final 2009121°746 3— Page 2 of 4 Cardboard (OCC) 9% $75.00 $6.75 Newspaper 30% $32.50 $9.75 Plastic Total Notes: HDPE - N 4% $495.00 $19.80 HDPE - C 4% $325.00 $13.00 PET 7% $220.00 $15.40 #'s 3 - 7 2% $50.00 $1.00 100% $138.58 Column A illustrates the proportion of saleable commodities determined by the initial and subsequent semi- annual audits. Column B illustrates monthly commodity rates derived from market indices and sales of plastics and metals. Column C illustrates the proportionate value assigned to each commodity and the total average commodity sales price, or the weighted average commodity sales price per ton. 4.3.6.3 Processing Expense and Variable Expense Per Ton The City acknowledges that the Contractor will incur significant capital and operating expenses in the performance of this Agreement. Contractor and City jointly agree that Con- tractor's monthly processing expense has been determined to be $137,000 per month to process 1,000 tons or less of saleable recyclables. For each ton of saleable recyclables deposited by the City in excess of the quantity required to produce 1,000 tons of recycled saleable product, it is recognized that the Contractor will incur an additional $20 per ton in additional variable expenses. The monthly processing and variable expenses are con- sidered in the formula illustrated in Table 3. 4.3.6.4 Rebate Calculation (a) The Contractor shall not pay the City a rebate if the total saleable recycling volume is equal to or less than 1,000 tons per month. Conversely, for each ton of saleable recycled materials in excess of 1,000 tons per month, a rebate will be calculated and paid to the City. The rebate formula is as follows: (i) number of tons in excess of 1,000 (ii) multiplied by the commodity price per ton Dolphin Recycling Agmt Att1 Full Page Final 200912T0iii4— Page 3 of 4 (iii) multiplied by 25% if the commodity price per ton is Tess than or equal to $102 or by 35% if the commodity price per ton is greater than $102. (b) The monthly rebate paid by Contractor to the City is based on the above calculation, as shown in 4.3.6.4(a)(i) — (iii). In the event the Contractor's combined monthly revenue from tipping fees, as represented in 4.3.6.1(a) and (b) above, and monthly sales of recycled materials ( "gross revenue ") is less than or equal to the Contractor's total monthly pro- cessing and variable expenses, no rebate will be paid that month. If the difference calcu- lated between gross revenue and the Contractor's total monthly processing and variable expenses is a positive amount but is an amount less than the full calculated rebate, the amount of the rebate paid to the City will be the net difference between gross revenue and the Contractor's total monthly processing and variable expenses. Although this last rebate calculation method is likely to occur infrequently, Table 4 provides and example of the calculation. Table 4 is attached to this schedule and incorporated by reference into this document. 4.3.6.5 Adjustments to Processing Expenses, Variable Expenses, and Tipping Fees The processing expenses, variable expenses, and tipping fees will be adjusted annually, commencing on the first anniversary following the implementation of the Single- Stream Program and on the same date each subsequent year during the term of this Agreement. The annual adjustment will be the percentage increase or decrease, if any, in the Consu- mer Price Index published by the U. S. Department of Labor, Bureau of Labor Statistics, All Items, for urban wage eamers and clerical workers for the South Urban area ( "CPI Adjust- ment"). Notwithstanding the foregoing, in no event may increases exceed 5% per year nor 15% over any four -year period, and any decreases may not produce a reduction in the tipping fee to a price below $35. per ton. The CPI Adjustment to the tipping fee will be cal- culated on the minimum tipping fee, and the dollar amount of the change will be added to the minimum tipping fee. After application of the CPI Adjustment to the minimum tipping fee, the maximum tipping fee will be increased to an amount such that the difference be- tween the minimum and maximum tipping fee remains constant at $30. Included and made a part of this Attachment 1: (see following pages) Table 1 Table 2 Table 3 Table 4 Dolphin Recycling Agmt Attl Full Page Final 2009121 rn c6 5— Page 4 of 4 ATTACHMENT 1 Table 1 Commodity Index Old Newspaper (ONP) Official Board Markets (OBM), ONP #6, high side, Southwest region, (1" issue of the month). Old Corrugated Cardboard Official Board Markets. (OBM), OCC #11, high side, (OCC) Southwest region, (1" issue of the month). Household Office Paper/Mail/ Household Mixed Paper/Maga- zines (M1X') Official Board Markets (OBM), Mixed Paper #1, high side, Southwest region, (1 ffi issue of the month). Attachment 1 Table 2 Saleable tonnage per month Commodity Price Tipping Fee 1,000 > =$102 $35 1,000 <$102 & >$72 $35 to $65 1,000 < =$72 $65 Saleable tonnage per month 1,250 1,250 1,250 Commodity Price >= $78.60 $78.60 & >$48.60 <= $48.60 Tipping Fee $35 $35 to $65 $65 Saleable tonnage per month 1,500 1,500 1,500 Commodity Price >= $63.00 <$63.00 & >$33.00 <= $33.00 Tipping Fee $35 $35 to $65 $65 Saleable tonnage per month 1,750 1,750 1,750 Commodity Price >= $51.86 <$51.86 & >$21.86 <= $21.86 Tipping Fee $35 $35 to $65 $65 V m `� 0 ii Y di W 28 § dl �i'ff .1] U §32 nM - 0 M 8 C� £ ?.s,. c S Q h r��t� V.- E ��' tR E o.I o3E m p E � 12 z c w a o do arE !Ii 8 E 402136 a$ 2 �� Env es a�i mow. C C V Ea 18(,_ 11,6.112 N sO E e rn lc �i o o2 aE n�o ,� co 3 iai co e d pi 52 SW 2 Il U E� $ 0. V3 li 10V c °g _ >g- ck to .2 5g E 0.10 §. lilt $ 1a� EV i El S EL' as a ° °a4tgl°0 WE c - s 01 OO ; E.L E g a `,w a 2e c E a.c c id it is6 O` d W'- ..42 04-.6.- 0443 =o. m E c a'� wm € 30�¢ o mLc� �E c O� �= O C O 150 p >+rs ° C T 0.Qae �w �E tEIS u 31 �E 0.°01.1 aEagzo, m z .— .1 c E 5 o 3 ,g m a (off ,a? c as O rn o o o o 0 ° 0 *- o 0 0) o kl to oc chi c +ri o 4 ° v id •- u . o v 0 E m v m 3 m�co "g r z 2 V R E S m m _ 9 c S o 2 c co rn eE c o a a ? � c .$c $ E y °' c g ,E 8 m to a. to i m r _ di n E 8 io 3 $ g m E i� 1 j C To 1 c Nw } vaW O :o .0 . cV O N 5 O CO Q. a > m O Q Q 1O 10 re z< E z —168— _ \ 2 \ - E k CO 0 0 0 0 0 0 o CO $ \ / \ \ \ S. N o n CO _ C : 0 G ®0 ® ® R - $ = E 8 £ e k k J > o f u 2 & x 0 °co o « c k k \% _ E § E k w a) 3 0 0) c a 0 Processing and variable expenses Processing expenses / ton Variable expense per ton Variable expense Base tipping fee Rev per ton needed Average Commodity Sales Price Additional tip fee 8 2 o I C (I k f �k . }k 75 'c = s2 o. t �e \ —1191 )-- 3 I _ § % 1C AGENDA MEMORANDUM Citv Council Action Date: February 16, 2010 SUBJECT: Mary Rhodes Pipeline Phase 2 (Project No. E10008 / CIP No: WAWS 01) Parent Project: Garwood Water Supply Project (Project No. 8424) AMENDMENT NO. 4 AGENDA ITEM: A. Resolution establishing the City's intention to reimburse itself, in an amount not to exceed $8,000,000, for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating the Utility System; authorizing matters incident and related thereto; and providing an effective date. B. Ordinance advancing $8,000,000 from the No. 4050 - Choke Canyon Fund to and appropriating into the No. 4087 Water 2010 TWDB -W1F Loan Fund for expenditures related to the planning, design, and permitting of a pipeline and related facilities between the Colorado River and the Mary Rhodes Pipeline pumping facility at Lake Texana; providing for repayment of the $8,000,000 to the No. 4050 - Choke Canyon Fund from the sale of bonds to the Texas Water Development Board; and declaring an emergency. C. Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $9,676,590, for a total restated fee of $10,990,177 for Mary Rhodes Pipeline Phase 2 for preliminary design, design, bidding and construction phase services and additional services. ISSUE: This is the next phase of the Garwood Water Supply Project, "Mary Rhodes Pipeline Phase 2 ", to support continued growth in the following counties: Aransas, Bee, Brooks, Duval, Jim Wells, Kennedy, Kleberg, Live Oak, McAllen, Nueces and San Patricio. The project proposes a 54" — 60" pipeline that extends approximately 40 miles to connect the existing Mary Rhodes pipeline south of Lake Texana to the Colorado River near Bay City. This pipeline along with additional improvements to the existing Mary Rhodes pipeline facilities will provide for typical flows of 31 Million Gallons per Day (MGD) with peak flows up to 46 MGD. This provides for the engineering, design and land acquisition services to be ready for construction within two years. This also provides for the permitting which will allow final route selection from the two current proposed routes. The construction is planned to be completed in four parts to allow maximum competition and accelerated construction by concurrently completing the four parts. FUNDING: Funding for this project will be from the funds included in the Water Capital Improvement Budget FY 2010 and from financial assistance from the Texas Water Development Board (TWDB) through the Water Infrastructure Fund (WIF) in the amount of $8,000,000. All loans through the WIF are offered at a subsidized interest rate which is 2 percent below the Texas Water Development Board's cost of funds. Repayment periods are a maximum of 20 years with no interest or payments for the first 10 years. In order to expedite the project, the No. 4050 - Choke H :\HOME\ICeilyO \GEN\WATER\EI0008- Mary Rhodes Pipeline Phase 2\Amendment No. 4- Mary Rhodes Phase 2\2 AGENDA MEMO.doc —173— Canyon Fund will advance $8,000,000 to the No. 4087 Water 2010 TWDB -WIF Loan Fund until which time the proceeds are received from the issuance of the loan, estimated to be in April 2010. At that time $8,000,000 will be refunded to the No. 4050 - Choke Canyon Fund. RECOMMENDATION: Staff recommends approval of the Resolution and Mots presented. e oL ustavo Gonzalez, P.E. Director of Water Operations 361- 826 -1874 gustavogo @cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Actions Contract Summary Resolution Ordinance Location Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com H :\HOME\KellyO\GEN\WATER\E10008- Mary Rhodes Pipeline Phase 2\Amendment No. 4- Mary Rhodes Phase 2\2 AGENDA MEMO.doc —174— AGENDA BACKGROUND INFORMATION SUBJECT: Mary Rhodes Pipeline Phase 2 (Project No. E10008 / CIP No: WAWS 01) Parent Project: Garwood Water Supply Project (Project No. 8424) AMENDMENT NO. 4 PROJECT DESCRIPTION: This is part of the Garwood Water Supply Project to extend the Mary Rhodes Raw Water Pipeline. The project consists of a new pipeline that will transport raw water from a new intake structure on the Colorado River near Bay City to the Lavaca Navidad River Authority's existing West Water Delivery Station south of Lake Texana and into the existing Mary Rhodes Pipeline. The water will be transported to the City of Corpus Christi through the Mary Rhodes Pipeline and facilities to be used by the City for irrigation, municipal and industrial purposes. The proposed 40 -mile pipeline consists of and intake pump station on the Colorado River and 54" — 60" pipe that connects Lake Texana to the Colorado River near Bay City. The West Water Delivery Station, Bloomington Intermediate Pump Station and Woodsboro Intermediate Pump Station, will be upgraded with new pumps and water storage to accommodate the additional Garwood water. The construction is planned to be completed in four parts to allow maximum competition and accelerated construction by concurrently completing the four parts. 1. Colorado River Intake and Pump Station with improvements to the Lake Texana Intake Pump Station, Bloomington Pump Station and Woodsboro Pump Station; 2. Garwood Raw Water Pipeline, east section; 3. Garwood Raw Water Pipeline, central section; and 4. Garwood Raw Water Pipeline, west section. Electrical substations and power transmission lines will be provided by the electrical utility franchises. AMENDMENT NO. 4 DESCRIPTION:, The proposed amendment consists of providing preliminary and final design phase services including an engineering feasibility report, preparation of the construction contract documents and the land acquisition services for the City's Mary Rhodes Pipeline Phase 2 to extend the pipeline from south of Lake Texana to the Colorado River near Bay City. The project scope includes: • Approximately 40 miles of 54" — 60" raw water pipeline and associated appurtenances; • Colorado River Pump Station and Intake with a peak flow of 46 MGD and typical flows of 31 MGD; H :\HOME\KeIlyO\GEN\WATER\E10008- Mary Rhodes Pipeline Phase 2\Amendment No.. 112I! bioces Phase 2\3 AGENDA BACKGROUND.doe • Addition of one pump and variable frequency drive (VFD), including electrical and instrumentation equipment, piping and valve to support the pumping unit at the Lake Texana Intake Pump Station; • Additional piping, ground storage tank, control systems, flow monitoring, and modifications to the existing piping for connection and integration of the proposed Garwood facilities to the existing Lake Texana Intake Pump Station; • Addition of one pump and variable frequency drive (VFD), including electrical and instrumentation equipment, piping and valve and addition of approximately 8 MG of water storage to support the pumping unit at the Bloomington Pump Station; and • Addition of one pump and variable frequency drive (VFD), including electrical and instrumentation equipment, piping and valve and addition of approximately 8 MG of water storage to support the pumping unit at the Woodsboro Pump Station. The estimated cost of construction for the Mary Rhodes Pipeline Phase 2 is $115,000,000. The basic services fee proposal for Amendment No. 4 is $5,885,336; therefore, the percentage of basic engineering services cost to construction cost for Amendment No. 4 is 5.12 %. The consultant will begin the permitting, preliminary design and field work which will include obtaining right of entry land for approximately 390 parcels along the two alternate routes. The final route will be determined with completion of the preliminary phase and the permit approvals. Based on the final route, the consultant will initiate the design phase and acquisition of approximately 200 land parcels depending on which route is selected. The purchase of the land parcels will be funded from the Water Supply CIP, WAWS No. 1. CONSULTANT SELECTION: The City solicited a request for proposals for the Garwood Routing Plan & Land Acquisition in 2001, RFP No. 2001 -06. Eight firms responded to the request and submitted proposals. Three firms were short listed and interviewed. The firm of Freese and Nichols, Inc. was deemed to offer the best approach and was deemed most qualified to perform the required services. The recommendation was submitted to City Council and approved in September 2001. Both the RFP and the recommendation specifically included provisions that clearly stated future amendments to include the design, bid and construction phase services would be considered. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of a resolution recognizing the public necessity of acquiring utility easements for the Mary Rhodes Phase 2 project, approval for purchase of the land parcels and approval of the construction contract to complete the project will be required. PROJECT BACKGROUND: The need for this project stems from the large protected population growth in the region. According to the 2005 Initially Prepared Regional Water Plan (1PP), the population in the coastal bend region will increase from 569,292 in the year 2000 to 885,665 in the year 2060. This is a projected population increase of 55.6 percent. H: HOMBIICdflyO \GEN WATER1810006. Mary Rhodes Pipeline P6ese 2Wnnahnan Nd7711 y6MRIes Phase 213 AGENDA BACKGROUND.doc This projection would call for an increase of 102,641 acre -feet per year of water during those sixty years. The Garwood Water Supply Project would be able to account for over 30 percent of the required increase in water demand during that time The projected populations are based upon a consensus "most likely" scenario of growth. According to the Coastal Bend Regional Planning Group, this is based on "recent and prospective growth trends as determined by the opinions of a Technical Advisory Committee consisting of state agencies, key interest groups, and the general public." The projected water use correlates to the projected increase in the region's population. Also taken into account in these calculations is a declining per capital water use, manufacturing water use efficiencies, power generation projections, the production of mineral commodities, estimates of the maximum livestock carrying capacity if the area's rangeland, estimated number of gallons of water per head of livestock, and assumptions regarding crop prices, crop yields, agriculture policy, and technological advances in irrigation. The water from this project will go directly to the City of Corpus Christi. The City also sells water to the South Texas Water Authority (STWA), and the San Patricio Municipal Water District (SPMWD). Together, these three entities distribute water to cities, water districts, large industrial facilities located on the La Quinta Ship channel, and water supply corporations providing water to residential, commercial, and industrial companies. At their December 17, 2009 meeting, the Texas Water Development Board approved a commitment for the City of Corpus Christi in the amount of $8,000,000 from the Water Infrastructure Fund - Deferred Program. The Board currently has some funds available in the WIF program that may be utilized on a first come first serve basis. At the Board meeting, representatives from the City expressed an interest in utilizing these existing funds and closing in either January or February. The detailed funding application to TWDB was submitted on October 1st, 2009. On August 23rd, 2009, the TWDB Staff recommended approval of the project for financial assistance through the Water Infrastructure Fund (WIF). All loans through the W1F are offered at a subsidized interest rate which is 2 percent below the Texas Water Development Board's cost of funds. Repayment periods are a maximum of 20 years. On July 25th, 2009, the City Council approved a resolution requesting financial assistance from the Texas Water Development Board (TWDB) in the amount of $8,000,000 for the planning, design, and permitting of a pipeline and related facilities between the Colorado river and the Mary Rhodes pipeline pumping facility at Lake Texana; authorizing the filing of an application for assistance; and making certain findings in connection therewith. GARWOOD WATER RIGHTS: In September 1992, the City of Corpus Christi entered into an option agreement for the purchase of up to 35,000 acre - feet/year from the Garwood Irrigation Company. The Garwood Irrigation Company (Garwood) held the most significant senior water right in the EXHIBIT "A" Page 3 of 4 H:\HOMEJKelly°\GEN\WATER\MOM Mary Rhodes Pipeline Phase 2\Amadme t Nor*- 1yVhedes Phase 2\3 AGENDA BACKGROUND.doc Lower Colorado River Basin. This water right authorized the diversion of 168,000 acre- feet/yearfrom the Colorado River at a maximum rate of 750 cfs, or 1,488 acre -feet per day. Most of Garwood's service area lies outside the Colorado River Basin, and currently uses a large part of its right for irrigation of land that is located in the Lavaca - Navidad River Basin. In 1993, the Texas Commission for Environmental Quality (TCEQ) (formerly titled the Texas Natural Resource Conservation Commission) authorized an amendment to Garwood's water right that allows for the use of 35,000 acre -feet of its right to be used for municipal and industrial purposes. On October 7, 1998, the TCEQ approved the City of Corpus Christi's purchase of the 35,000 acre - feet/year from the Garwood Irrigation Company. The amendment of the certificate of adjudication authorizes the City of Corpus Christi to divert 35,000 acre - feet/year from the Colorado River for irrigation, municipal and industrial purposes at a rate not to exceed 150 cfs. The certificate also subordinates the 35,000 acre - feet/year to the remaining portion of the original Garwood Irrigation water right. H:IHOME\Ke0y01GEN\ WATER 1EI0008- Mary Rhodes Pipeline Phase 21Amendn ent N6 Z- 11381A1es Phase 2G AGENDA BACKGROGND.doc EXHIBIT "A" Page 4 of 4 PRIOR PROJECT ACTIONS SUBJECT: Mary Rhodes Pipeline Phase 2 (Project No. E10008 / CIP No: WAWS 01) Parent Project: Garwood Water Supply Project (Project No. 8424) AMENDMENT NO.4 PRIOR COUNCIL ACTION: 1. October 28, 2003 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $116,100 for Garwood Water Supply Pipeline Routing Plan, Phase 1 services. (M2003 -394) 2. October 19, 2004 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $285,490 for Garwood Water Supply Pipeline Routing Plan, Phase 2 services. (M2004 -387) 3. December 18, 2007 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $911,997 for Garwood Water Supply Pipeline Routing Plan, Phase 2A services. (M2007 -334) PRIOR ADMINISTRATIVE ACTION: 1. September 17, 2001 — Distribution of Request for Proposals (RFP) No. 2001 -06 Garwood Water Pipeline Routing Plan & Land Acquisition. 2. October 22, 2001 — Addendum No. 1 to the Request for Proposals (RFP) No. 2001 -06 Garwood Water Pipeline Routing Plan & Land Acquisition. 3. March 11, 2009 — Administrative approval of Amendment No. 3, a zero (0) fee amendment, to the engineering services contract with Freese and Nichols, Inc., of Corpus Christi, Texas for Garwood Water Supply Pipeline Routing Plan, Phase 2A. H :\HOME\KellyO\OEN\WATER\E10008- Mary Rhodes Pipeline Phase 2\Amendinent No. 4 Mfy$dCS Phase 2W PRIOR ACTIONS.doc EXHIBIT B" Page 1 of 1 CONTRACT SUMMARY / AMENDMENT NO. 4 SUBJECT: Mary Rhodes Pipeline Phase 2 (Project No. El 0008 / CIP No: WAWS 01) Parent Project: Garwood Water Supply Project (Project No. 8424) AMENDMENT NO. 4 1. SCOPE OF SERVICES A. BASIC SERVICES —shall be amended to expand Basic Services to include the following: Item No. 2 Preliminary Phase (Authorized) • Provide Preliminary Phase Services to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a letter engineering report which includes Preliminary designs, drawings, and written description of the project. Item No. 3 Design Phase (Not Authorized) • Upon the approval of the Preliminary Phase, provide Design Phase Services consisting of verifying and implementing the Design Memorandum, prepare City format contract documents, prepare estimates of probable cost, provide assistance in identifying testing during construction, furnish one copy of interim plans and assimilate modifications, provide QA/QC to ensure the submittal of the complete plans and bid documents do not necessitate excessive revision, provide a Traffic Control Plan if required, submit monthly status reports and provide a Storm Water Pollution Prevention Plan. Item No. 4 Bid Phase (Not Authorized) • Participate in pre -bid conference, assist City in solicitation of bids, review all pre -bid questions concerning bid documents, prepare any addenda prior to bidding, attend bid opening, analyze bids, evaluate and prepare bid tabulation, and make recommendations concerning award of the contract. Item No. 5 Construction Phase (Not Authorized) • Participate in pre- construction meeting, review for conformance to contract documents, drawings and other submittals, review field and laboratory tests, provide clarifications of contract documents for contractor, make regular visits to Project site to observe quality to work, prepare authorized change orders, make final inspection, submit monthly reports of construction progress, establish and maintain project documentation system, review quality related documents provided by contractor, establish procedures for administering constructive changes to the construction contracts and assist in the transfer of and acceptance -by the contractor of any Owner furnished equipment or materials. —180 - H•\ HnMF \Y.Il.dl \I:FU\WATR4 \R`1AMR_ m.— ..a... —.. u,.. rnMTOSrT CT TARAADV a,,.. B. ADDITIONAL SERVICES —shall be added to Scope of Services and include the following additional services: Item No. 1 Permitting (Authorized) • Fumish the City all engineering data and documentation necessary for all required permits as applicable to the appropriate local, state, and federal authorities including by not limited to Texas Department of Licensing and Regulation (TDLR). Item No. 2 Ri • ht -of -Wa ROW Ac a uisition Surve Authorized • Review existing ROW and easements to ascertain and conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must be tied to and conform to the City's Global Positioning System (GPS). Item No. 3 Topographic Survey (Authorized) • Provide field surveys including control points, coordinates and elevations of points for aerial mapping. Establish base survey controls for line and elevation staking. All work must be tied to and conform to the City's Global Positioning System (GPS). Item No. 4 Subsurface Utility Exploration (Authorized) • Provide subsurface utility engineering investigation consisting of the following: excavation, location of utilities including, storm water facilities, wastewater facilities, water facilities and gas facilities and coordinate with local utility franchises to achieve Quality Level A. Item No. 5 Aerial Photography (Authorized) • Provide high - resolution color aerial photography for use in the design drawings. Establish ground control with GPS techniques and tie all control to the State Plane Coordinate System, NAD 83. Item No. 6 Corrosion Engineering (Authorized) • Provide a soil corrosivity study consisting of the following: document review, field soil resistivity testing, soil analysis, foreign utility observation, letter report and prepare corrosion control design documents including plans and specifications and estimate of probable cost. Item No. 7 Surge Analysis (Authorized) • Provide the following services for the proposed Mary Rhodes Pipeline Phase 2 pipeline and pump station: 1. Phase I — Collect Data 2. Phase II — Model Development (Develop numerical models for the appropriate software procedure based on system parameters as provided in Phase I. Phase II includes steady state simulations for design flow rates. 3. Phase III — Transients Case Simulations (Recommend case simulations for investigation) 4. Phase IV — Report Preparation (Review and interpret results of computer IEXHIBIT "C" I Page 2 of 6 H:\HOME\KellyO \GEN\WATER\EI000& Mary Rhodes Pipeline Phase 2Wmeodment No. 4 Mlyi l Phase 2\5 CONTRACT SUMMARY.doc simulations and provide three copies of a written report with graphs and plots of simulation results. Item No. 8 Geotechnical Investigation (Authorized) • Provide the geotechnical investigation and report consisting of field exploration, laboratory testing, engineering analysis and report and final design phase consultation. Item No. 9 Archeological Investigation (Authorized) • Provide services to analyze topographic, soil, geological and historic maps, aerial photographs, perform field survey, prepare technical report and application for antiquities permit from Texas Historical Commission. Item No. 10 Hydraulic Modeling (Authorized) • Perform hydraulic modeling. This firm will create a scalable physical model of the Colorado River Intake and Pump Station and provide resulting design recommendations. Item No. 11 ROW Acquisition (Authorized) • Perform easement acquisition services consisting of the following: deed research for use in creating easement documents for approximately 200 properties, conduct land cost research to develop compensation offers for property owners and meet with City to discuss, act as City's agent to purchase temporary and permanent easements for a maximum of 200 parcels and participate in bi- weekly meetings with City to discuss property acquisition. Item No. 12 Construction Observation Services (TBD) • Provide a project representative (PR) to provide periodic construction inspection consisting of observation of Contractor's work in progress and field checks of materials and equipment. PR will attend required conferences and meetings, serve as a liaison with Contractor, interpret contract documents, shop drawings and samples, review of work and reject defective work, maintain files for correspondence and prepare daily reports. The PR will be onsite full -time (40 hours /week) for the first 12 weeks and then part-time (20 hours /week) for the remaining 60 weeks. Item No. 13 Start-Up Services (TBD) • Provide onsite services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. Item No. 14 O &M Services (Authorized) • Prepare the Designer's suggested Operations and Maintenance Manual for the project during the Design Phase. The manual will cover normal and contingency operations instructions and is intended to supplement O &M manuals from the equipment suppliers. The manual will include the designer's suggested operation and maintenance activities, test data, curves and H :\HOME\KellyJ \GEN\WATER\E10008- Mary Rhodes Pipeline Phase 2\Amendmcnt No. 4 -Aar odes Phase 2 \5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 3 of 6 maintenance schedules. Hard and electric copies will be furnished. Item No. 15 Warranty Phase (TBD) • Provide maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Item No. 16 Provide SCADA Documentation (TBD) Provide standardized SCADA documentation including PDFs, P &IDs, loop sheets, logics, SCADA architecture, DCS I/O lists, instruments lists, piping lists, equipment lists, and instrumentation specification sheets. 2. SCHEDULE DAY DATE ACTIVITY Monday February 22, 2010 Begin Preliminary Design Phase Monday May 3, 2010 Begin Field Investigations Monday July 26, 2010 Submit Prelim Design Report Monday January 3, 2011 Environmental Clearance Monday January 3, 2011 Begin Final Design Phase Friday September 9, 2011 Submit Final Design Documents TBD TBD Begin Bid Phase TBD TBD Begin Construction Phase —183 - HAHOMEUCelIy°\OEN\ WATER \E10008- Mary Rhodes Pipeline Phase 2Wmendment No. 4 Mary Rhodes Phan Z5 CONTRACT SUMMARY.doc 3. FEES H:\HOME\KelyO \GEN\WATER\E 10008 - Mary Rhodes Pipeline Phase 2\Amendment No. 4- Mary Rhodes Phase 2\5 CONTRACT SUMMARY.doc ORIGINAL CONTRACT (8424) AMD. NO. 1 (8424) AMD. NO. 2 (8424) BASIC SERVICES 1 Study Phase $116,100.00 $285,490.00 $911,997.00 2 Preliminary Phase (Authorized) 0.00 0.00 0.00 3 Design Phase (Not Authorized) 0.00 0.00 0.00 4 Bid Phase (Not Authorized) 0.00 0.00 0.00 5 Construction Phase (Not Authorized) 0.00 0.00 0.00 Subtotal Basic Services 116,100.00 285,490.00 911,997.00 ADDITIONAL SERVICES 1 Permitting (Authorized) 0.00 0.00 0.00 2 ROW A • uisition Surve Not Authorized 0.00 0.00 0.00 3 Topographic Survey (Authorized) 0.00 0.00 0.00 4 Subsurface Utili Ex • loration Authorized 0.00 0.00 0.00 5 Aerial Photography (Authorized) 0.00 0.00 0.00 6 Corrosion Engineering (Authorized) 0.00 0.00 0.00 7 Su • e Analysis (Authorized) 0.00 0.00 0.00 8 Geotechnical Investigation (Authorized) 0.00 0.00 0.00 9 Archeological Investigation (Authorized) 0.00 0.00 0.00 10 Hydraulic Modeling (Authorized) 0.00 0.00 0.00 11 ROW Acquisition ( Not Authorized) 0.00 0.00 0.00 12 Construction Observation Services 0.00 0.00 0.00 13 Start-Up Services 0.00 0.00 0.00 14 0 & M Services (Authorized) 0.00 0.00 0.00 15 Warranty Phase 0.00 0.00 0.00 16 Provide SCADA Documentation 0.00 0.00 0.00 Subtotal Additional Services 0.00 0.00 0.00 TOTAL AUTHORIZED FEE $116,100.00 $285,490.00 $911,997.00 H:\HOME\KelyO \GEN\WATER\E 10008 - Mary Rhodes Pipeline Phase 2\Amendment No. 4- Mary Rhodes Phase 2\5 CONTRACT SUMMARY.doc `The proposed fees are based on 2010 dollars and will be subject to negotiation for the final scope and current year dollars at the time professional services are authorized for bid and construction phases. The construction services fee is based on construction duration of 2 years. The estimated cost of construction for the Mary Rhodes Pipeline Phase 2 is $115,000,000. The basic services fee proposal for Amendment No. 4 is $5,885,336; therefore, the percentage of basic engineering services cost to construction cost for Amendment No. 4 is 5.12 %. H:HiOMMICeUyO \GEN\WATER\MOOS- Mary Rhodes Pipeline Phase 2\Amendment No. 4- Mary Rhodes Phase 2\5 CONTRACT SUMMARY.doc —185— AMD. NO. 3 (8424) AMD. NO. 4 (E10008) TOTAL BASIC SERVICES 1 Study Phase $0.00 $0.00 $1,313,587.00 2 Preliminary Phase 0.00 1,514,814.00 $1,514,814.00 3 Design Phase (Not Authorized) 0.00 3,068,522.00 $3,068,522.00 4 Bid Phase (Not Authorized) 0.00 102,000.00 $102,000.00 5 Construction Phase (Not Authorized) 0.00 1,200,000.00 $1,200,000.00 Subtotal Basic Services 0.00 5,885,336.00 $7,198,923.00 ADDITIONAL SERVICES 1 Permitting (Authorized) 0.00 267,414.00 267,414.00 2 ROW Acquisition Survey (Not Authorized) 0.00 350,000.00 350,000.00 3 Topographic Survey (Authorized) 0.00 891,165.00 891,165.00 4 Subsurface Utility Exploration (Authorized) 0.00 • 286,000.00 286,000.00 5 Aerial Photography (Authorized) 0.00 23,750.00 23,750.00 6 Corrosion Engineering (Authorized) 0.00 122,768.00 104,181.00 122,768.00 104,181.00 7 Surge Analysis (Authorized) 0.00 8 Geotechnical Investigation (Authorized) 0.00 312,737.00 312,737.00 9 Archeological Investigation (Authorized) 0.00 184,650.00 184,650.00 10 Hydraulic Modeling (Authorized) 0.00 37,398.00 37,398.00 11 ROW Acquisition ( Not Authorized) 0.00 1,060,601.00 1,060,601.00 12 Construction Observation Services 0.00 TBD TBD 13 Start-Up Services 0.00 TBD TBD 14 0 & M Services (Authorized) 0.00 150,590.00 150,590.00 15 Warranty Phase 0.00 TBD TBD 16 Provide SCADA Documentation 0.00 TBD TBD Subtotal Additional Services 0.00 3,791,254.00 3,791,254.00 TOTAL AUTHORIZED FEE $0.00 $9,678,590.00 $10,990,177.00 `The proposed fees are based on 2010 dollars and will be subject to negotiation for the final scope and current year dollars at the time professional services are authorized for bid and construction phases. The construction services fee is based on construction duration of 2 years. The estimated cost of construction for the Mary Rhodes Pipeline Phase 2 is $115,000,000. The basic services fee proposal for Amendment No. 4 is $5,885,336; therefore, the percentage of basic engineering services cost to construction cost for Amendment No. 4 is 5.12 %. H:HiOMMICeUyO \GEN\WATER\MOOS- Mary Rhodes Pipeline Phase 2\Amendment No. 4- Mary Rhodes Phase 2\5 CONTRACT SUMMARY.doc —185— Page 1 of 6 RESOLUTION ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF, IN AN AMOUNT NOT TO EXCEED $8,000,000, FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES RELATING TO THE UTILITY SYSTEM; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Corpus Christi, Texas ( "Issuer") has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) improvements to the Issuer's combined utility system, (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs ( "Engineering Costs "), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs ( "Architectural Costs "), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer ( "Administrative Costs ") [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the project that is the subject of this Resolution ("Project ")]; WHEREAS, the Project is more specifically described in Exhibit A, which is attached to and incorporated into this Resolution; WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; WHEREAS, the United States Department of Treasury issued Section 1.150 -2, Title 26, Code of Federal Regulations ( "Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended; WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures is paid), for the prior lawful capital expenditure of funds from the proceeds of the Issuer's "Utility System Revenue Improvement Bonds, Series 2010" ( "Obligations ") that the Issuer currently contemplates issuing in an approximate amount of $8,000,000 to finance a portion of the costs of the Project; Mary Rhodes Extension Reimbursement Resolution (JayR) —186— Page 2 of 6 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; WHEREAS, the Issuer finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the City Council finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. This Resolution is a declaration of the City's intent to establish the Issuer's reasonable, official intent under the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date of this resolution) with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issue of the Obligations the proceeds from the Obligations to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursement expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Section 1.148 -10, Title 26, Code of Federal Regulations, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Section 1.148 -1, Title 26, Code of Federal Regulations, of the Obligations or another issue of tax - exempt obligations. SECTION 7. The recitals contained in the preamble of this Resolution are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Mary Rhodes Extension Reimbursement Resolution (JayR) —187— Page 3 of 6 SECTION 8. All ordinances and resolutions, or parts of other ordinances or resolution, which are in conflict or inconsistent with any provision of this Resolution are repealed to the extent of such conflict, and the provisions of this Resolution remain controlling as to the matters resolved in this Resolution. SECTION 9. This Resolution must be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application of this Resolution to any person or circumstance is held to be invalid, the remainder of this Resolution and the application of the provision to other persons and circumstances remains valid, and the City Council declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Govemment Code. SECTION 12. This Resolution remains in force and effect from and after its final passage, and it is so resolved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 1st day of February, 2010. R. Jay Reining First Assistant City Attorney For City Attorney Mary Rhodes Extension Reimbursement Resolution (JayR) —188— Page 4 of 6 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 Mary Rhodes Extension Reimbursement Resolution (JayR) —189— EXHIBIT A Mary Rhodes Pipeline Phase 2 (Garwood Water Supply Project) Description of Services The Mary Rhodes Pipeline Phase 2, also known as the Garwood Water Supply Project consists of preliminary and final design services for the transmission of water from the Colorado River to the existing Mary Rhodes Pipeline. The transferred water will be diverted under the Garwood Water Right. This right is the most senior in the Lower Colorado River. The City of Corpus Christi's (the City's) portion of the right is 35,000 acre -feet per year. This portion is junior by one day to the original water right held by the Garwood Irrigation Company, currently operated by the Lower Colorado River Authority (LCRA). The City acquired the Garwood water right in 1998. The project will include a new intake on the Colorado River or the rehabilitation of the existing LCRA Gulf Coast Intake Pump Station, a new pump station, approximately 40 miles of transmission pipeline, tie -in to the existing West Water Delivery System, and necessary improvements to the Mary Rhodes Pipeline system. Basic Services for the intake and pump station design will include evaluation of intake alternatives, pump selection, motor selection, HVAC design, conceptual layout of instrumentation and controls, coordination with power supplier, architectural layout, design of a potential settling basin for suspended solids, flow meter layout, structural requirements, and drawing and specification production. The required pump station capacity for the system is approximately 45 MGD. Basic Services for the transmission pipeline will include existing data collection, life - cycle cost analysis, pipeline corridor development, determination of crossings, final route selection, evaluation of pipeline materials, required permitting, and drawing and specification preparation. Services will also include coordination with LCRA to develop an accounting and Operating plan for diversion of water from the Colorado River. The approximate pipeline diameter for the project is 54 inches. Basic Services for the tie -in to the Mary Rhodes Pipeline system will include evaluation of alternatives for integration and connection of the proposed Garwood pipeline facilities to the existing Lake Texana Intake suction piping. Services will also include the addition of a water storage tank or wet well at the West Water Delivery System Pump Station. Drawings and specifications will be produced for this tie -in. Basic Services for the necessary improvements to the Mary Rhodes Pipeline system will include the addition of one pump each at the West Water Delivery System Pump Station and the Bloomington and Woodsboro Intermediate Pump Stations. Services will also include ground storage tanks at the intermediate pump stations along with associated piping and flow meters. Lastly, services will include evaluation of the existing electrical equipment for the three existing pump station. Drawings and specifications will be produced for these improvements. Mary Rhodes Extension Reimbursement Resolution (JayR) A -1 —190— In addition to the Basic Services, the Mary Rhodes Pipeline Phase 2 Project will include geotechnical investigation, topographic and boundary survey, easement document preparation, subsurface utility exploration and corrosion protection. Services will also include surge modeling of the proposed system and existing Mary Rhodes Pipeline system, environmental permitting, hydraulic modeling of the proposed intake pump station, and land acquisition services. A -2 Mary Rhodes Extension Reimbursement Resolution (JayR) —191— \ Mproject \ coun cil exhibits \ exhE 10008. d wg Ganado INTAKE PUMP STATION NORTH OPTION Bay City Markha WEST DELIVER STATION SOUTH OPTION MARY RHODES PIPELINE PROJECT #E10008 LOCATION MAP NOT TO SCALE EXHIBIT 'F' MARY RHODES PIPELINE PHASE2 -192- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01/28/2010 AMENDMENT NO. 4 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City ", and Freese and Nichols, Inc. hereinafter called "CONSULTANT", agree to the following amendments to the Contract for Professional Services for Garwood Water SuDDIv Project (Proiect No. 8424), as authorized and amended by: Original Contract October 28, 2003 Motion No. M2003 -394 $116,100.00 Amendment 1 October 19, 2004 Motion No. M2004-387 $285,490.00 Amendment 2 December 18, 2007 Motion No. M2007 -334 $911,997.00 Amendment 3 March 11, 2009 Administrative Approval $0.00 Amendment No. 4 will add Preliminary Design Phase, Design Phase, Bid Phase and Construction Phase and Additional Services for Mary Rhodes Pipeline Phase 2 (Proiect No. El 0008) to the Garwood Water Supply - Project. • In the original contract, EXHIBIT "A ", PART 1. SCOPE OF SERVICES, SECTION A. BASIC SERVICES, shall be amended to expand Basic Services to include the following as described in the attached Amendment No. 4 Exhibit "A ": > ITEM NO. 2 Preliminary Phase (Authorized) in the amount of $1,514,814.00. > ITEM NO. 3 Design Phase (Not Authorized) in the amount of $3,068,522.00. > ITEM NO. 4 Bid Phase (Not Authorized) in the amount of $102,000.00 > ITEM NO. 5 Construction Phase (Not Authorized) in the amount of $1,200,000.00 • In the original contract, EXHIBIT "A ", PART 1 SCOPE OF SERVICES, shall be amended to expand Scope of Services to include the following as described in the attached Amendment No. 4 Exhibit "A" and Exhibit "A-1": > SECTION B. ADDITIONAL SERVICES in the amount of $3,791,254.00. In the original contract, EXHIBIT "A", SECTION 3. FEES shall be modified as shown on the attached Amendment No. 4 Exhibit "A" for a revised fee not to exceed $9,676,590.00 (Nine Million Six Hundred Seventy -Six Thousand Five Hundred Ninety Dollars and Zero Cents), for a total restated fee not to exceed $10,990,177.00 (Ten Million Nine Hundred Ninety Thousand One Hundred Seventy -Seven Dollars and Zero Cents). All other terms and conditions of the October 28, 2003 contract and amendments between the City and Consultant shall remain in full force and effect. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. 2.•5.10 Juan Perales, Jr., P.E. Date Ron C#uzm��P.E. Date Assistant City Manager Vice President/Group Manager 5402 S. Staples, Suite 208 Corpus Christi, TX 78411 361- 561 -6500 Office; 361 - 561 -6501 Fax —1 9 3— �......... ..__. �._.__ a__..__ a. -..e •tense.na... -m Nn Al. Mani Rhodes Phase 21Amendmenl No. 4.doc RE7EDED Pete Anaya, P.E. Date Director of Engineering Services ATTEST Armando Chapa, City Secretary APPROVED AS TO FORM Assistant City Attorney Date —194— IAMD. NO. 4 I Pane 2 of 2 EXHIBIT "A" CITY OF CORPUS CHRISTI MARY RHODES PIPELINE PHASE 2 (Project No. E10008) Parent Project: GARWOOD WATER SUPPLY PROJECT (Project No. 8424) 1. SCOPE OF SERVICES A. Basic Services. Basic Services will include the following in addition to those items shown on Exhibit "A -1" Task List. 1. Study Phase (Competed under the original contract for engineering services and Amendment No. 1, Amendment No. 2 and Amendment No. 3) 2 . Preliminary Phase. (Authorized) The Consultant will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a letter engineering report which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing. b. Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in a minimum of two formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The Consultant will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Engineering Report, with executive summary, opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design Memorandum will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project The Consultant will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, —195— AMD. NO.4 EXHIBIT "A" Page 1 of 17 intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements, and probable Project design solutions; (which are common to municipalities). 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well- defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the Consultant and Sub - consultant Engineers have checked and reviewed the design memorandum prior to submission. 9) Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction; c. Through separate contract, related GIS mapping for existing facilities. d. A copy of existing studies and plans (as available from City Engineering files). e. Field location of existing city utilities. (Consultant to coordinate with City Operating Department). f. Provide applicable Master Plans. —196— AAMD. NO.4 FYHIRIT "A" 3. Design Phase. (Not Authorized) Upon approval of the preliminary phase, designated by receiving authorization to proceed, the Consultant will: a. Study, verify, and implement design memorandum recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance identify testing, handling and disposal of any hazardous • materials and /or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to better track progress and payments. e. Furnish one (1) copy of the interim plans (plans only- identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summarv" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Advantages of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. —197— AMD. NO.4 EXHIBIT "A" Paae 3 of 17 g. (If required) Provide one (1) copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant and Sub- consultant shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. n. Ordinance No. 19663 establishes the Municipal Public Arts Program requiring works of art to be included in certain city vertical construction projects. If it is determined this project is subject to Municipal Public Art Program, the Consultant will cooperate during the design process to fulfill the requirements of the ordinance. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. —198— AMD_ NO.4 1 FYHIRIT "A" 4. Bid Phase. (Not Authorized) The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff wilt: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 5. Construction Phase. (Not Authorized) The A/E will perform contract administration to include: a. Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the AMD. NO.4 EXHIBIT "A" Page 5 of 17 —199— contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image- viewing software available on the City's computer- Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Establish communication procedures with the City and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. j. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. k. Notify the contractor of non - conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract document. I. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the City to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the City. Documentation of field orders, where cost to the City is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective AMD. No. 4 EXHIBIT "A" —200— or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the City are an additional service. m. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the City on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the City if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. n. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. o. This contract assumes that FNI will provide the services of a Project Representative (PR) at the Site to assist FNI and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the PR will be determined at the conclusion of the bid phase. The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the Consultant will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The Consultant will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting (Authorized) Furnish the City all engineering data and documentation necessary for all required permits. The Consultant will prepare this documentation for all required signatures. The Consultant will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Department of Licensing and Regulation (TDLR ) 2. Right -of -Way (ROW) Acquisition Survey (Authorized) The Consultant will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control —201— AMD. NO.4 EXHIBIT "A" Page 7 of 17 network and comply with all TxDOT requirements as applicable. Consultant will be required to perform all necessary deed research. 3. Topographic Survey (Authorized) Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 4. Subsurface Utility Investigation (Authorized)Upon receiving authorization from the City to proceed, provide subsurface utility engineering investigation in accordance with ASCE Standard "ASCE C -1, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data ". The proposed subsurface utility investigation will be as follows: A. Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limits. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. B. Utility Location — The survey scope includes locating certain utilities to Quality Level B. (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. C. Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. D. Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. E. Water — Water facilities within the project limits will be located to Quality Level C. —202— AMD. NO. 4 FYI4IRIT "A" F. Gas — Gas facilities within the project limits will be located to Quality Level C by the Consultant. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. G. Coordinate with local franchises to achieve Quality Level A. 5. Aerial Photography (Authorized) Provide high - resolution color aerial photography for use in the design drawings. Establish ground control with GPS techniques and tie all control to the State Plane Coordinate System, NAD 83. 6. Corrosion Engineering (Authorized) Perform a soil corrosivity study including: a. Document Review — Review of alignment, geotechnical information, and preliminary plans and specifications for pipeline design. b. Field Soil Resistivity Testing — Measure soil resistivity using the Wenner Four Electrode Method along the proposed alignment. The resistivity testing will be conducted at 800 to 1,000 -foot intervals to a depth of 20 feet below grade. c. Soil analysis — Test 10 soil samples provided by the project geotechnical engineers for as received and saturated resistivities. The soil sample will be tested for as- received and minimum electrical resistivity. If the minimum resistivity is found to be Tess than 1,000 ohmcm, the soil sample will be forwarded to a laboratory for chemical analysis of chlorides, sulfates, pH, and bi- carbonates. d. Foreign Utility Observation — Perform a field verification of foreign utilities for confirmation of location and condition of existing pipelines. The observation will also be conducted to determine whether the utilities are cathodically protected and the location of any corrosion control facilities, as they might impact the installation and operation of the proposed pipeline. e. Letter Report — Prepare a letter report with the results of the soil resistivity testing, chemical analysis, and foreign utility observation. The degree of corrosivity of the soil will be discussed with respect to each of the proposed pipe material options. Prepare corrosion control design documents including: a. Plans and Specifications — Prepare Details in AutoCAD 2010 format and Technical Specification Section 13110 "Cathodic Protection" for the cathodic protection system. b. Estimate of Probable Cost — Prepare an estimate of probable cost for the construction of the cathodic protection system. 7. Surge Analysis (Authorized) Provide the following services for the proposed Mary Rhodes Pipeline Phase 2 pipeline and pump station: 1. Phase I — Collect Data 2. Phase II — Model Development —203— AMD. NO.4 EXHIBIT "A" Pang, gof17 Develop numerical models for the appropriate software procedure based on system parameters as provided in Phase 1 data collection. This phase includes steady state simulations for design flow rates. 3. Phase 111— Transients Case Simulations Recommend case simulations for investigation. For the proposed project the following would be typical candidate cases for simulation of surges for each model: CASE 1 Normal pump shutdown with valve operation CASE 2 Pump Startup with full pipe and valve operation CASE 3 Total power failure all operating pumps CASE 4 Partial power failure — 50% of operating pumps a. Base Case Simulations — The transient cases shall be simulated for base case conditions, as- built, or as designed for the flow. All existing surge protection devices or proposed devices shall be included in analysis. b. If the maximum allowable surge pressures in the system are violated under conditions in "A" above, additional surge protection devices will be sized and added to the model. The cases in "A" above will be re -run at the flow rates to determine the locations (if any), size, characteristics, and new set points for both existing and new surge protection devices on the system. 4. Phase IV — Report Preparation Review and interpret results of computer simulations and provide three copies of a written report with graphs and plots of simulation results. The draft report will be submitted to the District for review and comments. A meeting or phone conference will be scheduled with the District to review and discuss comments on the draft report. A final report will be issued that includes the resolution of comments by the District. 8. Geotechnical Investigation (Authorized) Provide the following geotechnical services: 1. Field exploration a. Coordinate field activities between the sub consultant and FNI personnel. b. Drill a total of eighty (80) soil borings along the pipeline route to a depth of 20 -ft below natural grade. This corresponds to one boring every 1/2 mile of pipeline route. Include piezometer readings to determine water levels. c. Drill ten (10) soil borings at the pump station site to a depth of 100 -ft below natural grade. Drill five (5) additional soil borings under the Colorado River bottom to a depth of 80 -ft below the river bottom. d. Drill soil borings for the water tank at the Lake Texana Intake Pump Station to a depth of 150 -ft. e. Obtain relatively undisturbed tube samples and standard penetration test samples as appropriate for the soils encountered. f. Observe for groundwater seepage during drilling and record level. —204— AMD. NO.4 CVLIIOIT It AVP g. Backfill boreholes with cuttings upon completion. h. Conduct field resistivity tests at twenty (20) locations evenly spaced along the route. i. Drill four (4) soil borings in the area of the Palmetto Bend Dam outfall to a depth of 100 ft. j. Drill eight (8) additional soil borings along the pipeline route in the area of river and creek crossings to a depth of 100 ft. 2. Laboratory Testing Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests include: • Atterberg limits (liquid and plastic limits, 30 tests maximum); • Percent passing No. 200 sieve (30 tests maximum); • Moisture content and unit dry weight determination (30 test maximum); • Moisture content only (30 tests maximum); • One- dimensional consolidation (1 test maximum); • Unconfined compressive strength (30 tests maximum); • Deliver samples to corrosivity consultant for their use. 3. Engineering Analysis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided in the report includes: • Plan of borings illustrating the approximate location of each boring and scale to which the drawing is made; • A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information; • Description of the field exploration and laboratory testing; • Summary of laboratory test results; • Discussion of subsurface soil and groundwater conditions; • General discussion of the geology along the route; • Allowable bearing pressures along the bottom of the pipeline trenches and lateral earth pressures. OSHA soil types for the trench walls and recommendations for trench backfill; • Recommendations on pipe trench stabilization techniques; • Field electrical resistivity tests results; • Seismic geotechnical criteria; • Earthwork recommendations including general comments regarding the excavation potential and potential construction difficulties. 4. Final Design Phase Consultation Review subsurface conditions and soil properties disclosed by the field work and discuss the implications for design with the FNI engineers. —205— AMD. NO.4 EXHIBIT "A" Paae 11 of 17 9. Archeological Investigation (Authorized) Provide the following services for archeological investigation: 1. Analyze topographic, soils and geologic maps of the project area to identify where prehistoric sites are most likely (i.e. at stream crossings and for some distance back from the crossings). 2. Analyze historic maps and aerial photographs (minimally 1930's and 1960's if available) to identify where historic sites are most likely. 3. Perform a field survey targeting the areas identified in (1) and (2). Some of the survey can be done with the shovel testing (potential historic sites and smaller stream crossings), while backhoe trenching will probably be needed at the larger stream crossings. 4. Prepare a technical report meeting the requirements of the Texas Historical Commission after completion of field work. 5. Prepare an application for an antiquities permit from the Texas Historic Commission. 6. Complete a file search concerning known and potential archeological sites in the project area. 10. Hydraulic Modeling (Authorized) Perform hydraulic modeling for the project. Create a scalable physical model of the Colorado River Intake and Pump Station and provide resulting design recommendations. 11. ROW Acquisition (Authorized) Perform easement acquisition services including: 1. Complete deed research for use in creating easement documents for approximately 200 properties. Easement documents will be prepared by FNI's surveyor. 2. Conduct land cost research in the project area and develop compensation offers for property owners. 3. Meet with the City to discuss compensation offers and overall easement acquisition strategy. 4. Act as the City's agent to purchase temporary and permanent easements for a maximum of 200 parcels. 5. Participate in bi- weekly meetings with the City to discuss property acquisition. —206— AMD. NO.4 EXHIBIT "A" 12. Construction Observation Services (TBD) Provide project representative(s) (PR) to provide construction inspection. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. The duties and responsibilities of the PR are described as follows: A. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. B. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. C. Liaison: 1) Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. 2) PR shall communicate with CITY with the knowledge of and under the direction of A/E . D. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. E. Shop Drawings and Samples: 1) Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. 2) Record date of receipt of Samples and approved Shop Drawings. 3) Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. F. Review of Work and Rejection of Defective Work: Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the work. —207— AMD. NO.4 EXHIBIT "A" Paae 13 of 17 G. Records: 1) Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. 2) Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to NE and the City._ H. Reports: 1) Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. 2) Report immediately to the CITY and NE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 3) Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. I. Completion: 1) Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. 2) Participate in a final inspection in the company of NE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. 3) Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 13. Start-up Services (TBD) Provide on -site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. 14. O &M Services (Authorized) Prepare the Designer's suggested Operations and Maintenance Manual for the project during the Design Phase. The manual will cover normal and contingency operations instructions. The manual is intended to supplement O &M manuals from the equipment suppliers and not be a comprehensive O &M manual for the entire project. The manual will include the designer's suggested operation and maintenance activities, test data, curves, and maintenance schedules. Hard copies and electronic copies will be furnished. —208— AMD. NO.4 CYUIQIT "A" 15. Warranty Phase (TBD) Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 16. Provide SCADA Documentation (TBD) Provide standardized SCADA documentation, which will include PFDs, P &IDs, loop sheets, logics, SCADA architecture, DCS I/O lists, instrument lists, tie -in lists, piping lists, equipment lists, and instrumentation specification sheets. 17. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List. 2. SCHEDULE DAY DATE ACTIVITY Monday February 22, 2010 Begin Preliminary Design Phase Monday May 3, 2010 Begin Field Investigations Monday July 26, 2010 Submit Prelim Design Report Monday January 3, 2011 Environmental Clearance Monday January 3, 2011 Begin Final Design Phase Friday September 9, 2011 Submit Final Design Documents TBD TBD Begin Bid Phase TBD TBD Begin Construction Phase 3. FEES A. Fee for Basic Services. The City will pay the Consultant a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1 -4, Consultant will submit monthly statements for basic services rendered. In Section 1.A.1 -3, the statement will be based upon Consultant's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services —209— AMD. NO.4 EXHIBIT "A" PAM= 1Snf17 provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to Consultant's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the Consultant a not -to- exceed fee as per the table below: Summary of Fees -210- AMD. NO. 4 FYHIRIT "A" ORIGINAL CONTRACT (8424) AMD. NO. 1 (8424) AMD. NO. 2 (8424) BASIC SERVICES 1 Study Phase $116,100.00 $285,490.00 $911,997.00 2 Preliminary Phase (Authorized) 0.00 0.00 0.00 3 Design Phase (Not Authorized) 0.00 0.00 0.00 4 Bid Phase (Not Authorized) 0.00 0.00 0.00 5 Construction Phase (Not Authorized) 0.00 0.00 0.00 Subtotal Basic Services 116,100.00 285,490.00 911,997.00 ADDITIONAL SERVICES 1 Permitting (Authorized) 0.00 0.00 0.00 2 ROW Acquisition Survey (Authorized) 0.00 0.00 0.00 3 Topographic Survey (Authorized) 0.00 0.00 0.00 4 Subsurface Utility Exploration (Authorized) 0.00 0.00 0.00 5 Aerial Photography (Authorized) 0.00 0.00 0.00 6 Corrosion Engineering (Authorized) 0.00 0.00 0.00 7 Surge Analysis (Authorized) 0.00 0.00 0.00 8 Geotechnical Investigation (Authorized) 0.00 0.00 0.00 9 Archeological Investigation (Authorized) 0.00 0.00 0.00 10 Hydraulic Modeling (Authorized) 0.00 0.00 0.00 11 ROW Acquisition (Authorized) 0.00 0.00 0.00 12 Construction Observation Services 0.00 0.00 0.00 13 Start-Up Services 0.00 0.00 0.00 14 0 & M Services (Authorized) 0.00 0.00 0.00 15 Warranty Phase 0.00 0.00 0.00 16 Provide SCADA Documentation 0.00 0.00 0.00 Subtotal Additional Services 0.00 0.00 0.00 TOTAL AUTHORIZED FEE $116,100.00 $285,490.00 $911,997.00 -210- AMD. NO. 4 FYHIRIT "A" *The proposed fees are based on 2010 dollars and will be subject to negotiation for the final scope and current year dollars at the time professional services are authorized for bid and construction phases. The construction services fee is based on construction duration of 2 years. The estimated cost of construction for the Mary Rhodes Pipeline Phase 2 is $115,000,000. The basic services fee proposal for Amendment No. 4 is $5,885,336; therefore, the percentage of basic engineering services cost to construction cost for Amendment No. 4 is 5.12 %. —211— AMD. NO.4 EXHIBIT "A" Page 17 of 17 AMD. NO. 3 (8424) AMD. NO. 4 (E10008) TOTAL BASIC SERVICES 1 Study Phase $0.00 $0.00 $1,313,587.00 $1,514,814.00 2 Preliminary Phase 0.00 1,514,814.00 3 Design Phase (Not Authorized) 0.00 3,068,522.00 102,000.00 $3,068,522.00 $102,000.00 4 Bid Phase (Not Authorized) 0.00 5 Construction Phase (Not Authorized) 0.00 1,200,000.00 5,885,336.00 $1,200,000.00 $7,198,923.00 Subtotal Basic Services 0.00 ADDITIONAL SERVICES 1 Permitting (Authorized) 0.00 267,414.00 267,414.00 2 ROW Acquisition Survey (Authorized) 0.00 350,000.00 350,000.00 891,165.00 3 Topographic Survey (Authorized) 0.00 891,165.00 4 Subsurface Utility Exploration (Authorized) 0.00 286,000.00 286,000.00 23,750.00 5 Aerial Photography (Authorized) 0.00 23,750.00 6 Corrosion Engineering (Authorized) 0.00 122,768.00 122,768.00 104,181.00 7 Surge Analysis (Authorized) 0.00 104,181.00 8 Geotechnical Investigation (Authorized) 0.00 312,737.00 312,737.00 9 Archeological Investigation (Authorized) 0.00 184,650.00 184,650.00 10 Hydraulic Modeling (Authorized) 0.00 37,398.00 37,398.00 11 ROW Acquisition (Authorized) 0.00 1,060,601.00 TBD 1,060,601.00 TBD 12 Construction Observation Services 0.00 13 Start-Up Services 0.00 TBD TBD 14 0 & M Services (Authorized) 0.00 150,590.00 150,590.00 TBD 15 Warranty Phase 0.00 TBD 16 Provide SCADA Documentation 0.00 TBD TBD Subtotal Additional Services 0.00 3,791,254.00 $9,676,590.00 3,791,254.00 $10,990,177.00 TOTAL AUTHORIZED FEE $0.00 *The proposed fees are based on 2010 dollars and will be subject to negotiation for the final scope and current year dollars at the time professional services are authorized for bid and construction phases. The construction services fee is based on construction duration of 2 years. The estimated cost of construction for the Mary Rhodes Pipeline Phase 2 is $115,000,000. The basic services fee proposal for Amendment No. 4 is $5,885,336; therefore, the percentage of basic engineering services cost to construction cost for Amendment No. 4 is 5.12 %. —211— AMD. NO.4 EXHIBIT "A" Page 17 of 17 EXHIBIT "A -1" TASK LIST CITY OF CORPUS CHRISTI MARY RHODES PIPELINE PHASE 2 (Project No. E10008) Parent Project: GARWOOD WATER SUPPLY PROJECT (Project No. 8424) BASIC SERVICES Preliminary Design Phase and General Items: 1. Kick -off Meeting — Conduct one meeting with the City to confirm the goals, schedule, and deliverables for the project. 2. Progress Meetings Conduct monthly meetings with the City to discuss the progress of the project and quarterly meetings with TWDB to discuss the progress of the Environmental Assessment. These meetings will include design workshops when needed. 3. Existing Data Collection — Obtain and review all available data for the raw water pipeline corridor, Colorado River Pump Station and Intake Site, and Mary Rhodes Raw Water Pipeline System. These will include: a. Previous Studies b. Construction Drawings of Existing Facilities c. Aerial Photographs d. Soil Surveys e. USGS Quadrangle Maps f. Tax Record Property Owner Maps g. Construction Plans of existing water and/or sewer lines h. FEMA Maps I. Other AAaps and Data Sources 4. Obtain and Review EJCDC Front -End Documents — Meet with the City to resolve review comments and revise EJCDC standard documents accordingly. This task is limited to two meetings. 5. Water Infrastructure Funding (WIF) Assistance — Coordinate with Texas Water Development Board (TWDB) on WIF funding loan closing, engineering clearance and environmental clearance for preliminary and final design phase funding. 6. Life -Cycle Cost Analysis — Perform life -cycle cost analysis for proposed pipeline and pump station. Determine future operating costs for the proposed facilities. 7. Develop Project Corridor for Pipeline — Determine the limits of the raw water pipeline project corridor based upon geographic and topographic features in conjunction with project terminus. Plot engineering constraints and other significant route information on color aerial, USGS topo, or other appropriate base map. Incorporate property line and landowner information that is readily available from tax appraisal district records. 8. Conduct Field Review of Raw Water Pipeline Project Corridor — Conduct field review, with representatives of the City, of the project corridor to ensure avoidance or —212— AMD. NO.1 EXHIBIT `0A -1" minimization of environmental, permitting, and engineering issues and determine presence of any additional constraints. 9. Preliminary Determination of Roadway, Foreign Utility, Stream and Railroad Crossings — Contact various agencies and utility companies for information regarding roadway, foreign utilities, stream, and railroad crossings along proposed alignment. Author correspondence to public and private utility companies with potential facilities in the area notifying them of the project and requesting information as to the location of any of their existing, proposed, or relocated facilities. 10. Route Selection — Determine and finalize route based on minimizing environmental, permitting, and engineering concerns, identifying all issues associated with the route. Furnish map of recommended route. 11. Pipeline Alignment Selection Meeting — Meet with the City to review the recommended alignment. Adjust the alignment based upon City comments prior to release of surveying. 12. Pipeline Material Options — Evaluate pipe material options and include recommendations in the Engineering Feasibility Report. 13. Pipeline Preliminary Design — Provide preliminary design of pipeline appurtenances, road crossings, corrosion protection requirements, connections, bedding and backfill, creek and river crossings, and fencing. 14. Pump Station and Intake Alternatives — Provide an evaluation of two intake pump station locations and perform conceptual design of up to three intake options. Intake options will include an intake channel into the river, intake pipes into the river, and evaluation of the LCRA pump station. Assume design of a new pump station and intake on the Colorado River. Provide a recommendation for the pump station and intake. Evaluation criteria will include construction cost, permitting considerations, phasing and future expansion, schedule constraints, and O &M considerations. This task includes one site visit and one meeting with LCRA. 15. The preliminary design for the Pump Station and intake shall include the following: a. Pump selection; b. Motor type and means of correcting to 95% power factor; c. Motor cooling type; d. Pump control valve selection; e. Power equipment selection for the pump station; f. HVAC equipment; g. Conceptual layout of instrumentation, controls, and SCADA assuming tie in West Water Delivery System; h. Coordination with power company to supply power for the project (design of substation and power supply lines will be handled by power company); i. Design of interconnect for portable generator at the pump station; j. Building floor plan and equipment layout; k. Architectural sketches of walls roof, and floor plan; I. Pump Station civil layout; m. Sizing and locating a settling basin for suspended solids; n. Typical road sections; o. Flow meter layout; -213- AMD. NO. 1 EXHIBIT "A -1" Page 2 of 22 p. Structural requirements. 16. Mary Rhodes Existing Facilities Site Visits — Conduct site visits to the three (3) pump stations: West Delivery System Intake Pump Station, Bloomington Pump Station, and Woodsboro Pump Station. 15. Maur Rhodes Existing Facilities Assessment and Hydraulic Analysis — Evaluate existing West Water Delivery System and Mary Rhodes Pipeline to determine the system's ability to transport the additional water from the Mary Rhodes Pipeline Phase 2 project. Review system curves and hydraulic conditions of existing system. Make recommendations on final design items including additional pumps, piping and valves, electrical and instrumentation systems at each of the three (3) pump stations. This task will include evaluation of the addition of one (1) pump and VFD at each of the three (3) pump stations. 16. Integration of Mary Rhodes Pipeline Phase 2 Facilities and Piping Modifications into the existing Mary Rhodes system — Provide an evaluation of up to three (3) altematives for integration and connection of the Mary Rhodes Pipeline Phase 2 facilities to the existing Texana Intake suction piping. The evaluation will include types of connections and control options including piping and valve considerations, location and capacity altematives of ground storage facilities for receiving Mary Rhodes Pipeline Phase 2 water, flow metering requirements, electrical and instrumentation requirements, and structural requirements. Provide a recommendation for the connection and piping modifications. Evaluation criteria will include construction cost, permitting considerations, phasing and future expansion, schedule constraints, and O&M considerations. 17. Mary Rhodes System Pump Evaluation — Contact various pump manufacturers to determine pumps that are available for the three (3) pump stations. Evaluate selections by manufacturers and make recommendations to the City for inclusion in specifications. Review original specifications and recommend updates for the proposed pump specifications. Evaluate weight of available pump equipment with respect to the structure if these differ substantially from the existing equipment and original design assumptions. 18. Mary Rhodes System Electrical System Analysis — Review existing electrical systems for each of the three pump stations, and their capability to meet existing and future operating conditions. Set design criteria, validate transformer and switchgear arrangements, determine layout, and establish design recommendations for electrical equipment and SCADA improvements. 19. Engineering Feasibility Report — Prepare a report detailing the findings of the activities performed in the Preliminary Design Phase for the proposed raw water pipeline, Colorado River Pump Station and Intake, and improvements to Lake Texana West Water Delivery System and Mary Rhodes Pipeline. Establish major design parameters for the project. Include all necessary information outlined in TWDB's guidelines for preparation of Engineering Feasibility Reports. This report shall serve as the preliminary design report for the proposed raw water pipeline, Colorado River Pump Station and Intake, and the Modifications to the Mary Rhodes Raw Water Pipeline System. It will summarize the results of the preliminary phase and provide recommendations for the final design phase. Provide a draft of the Engineering Feasibility Report to TWDB at the 60% stage. —214— AMD. NO.1 II FYWIRIT "0_l" R 20. Submit Engineering Feasibility Report to the City — Submit to the City for review eight (8) copies of the report. 21. Review Meeting with the City — Meet with the City and obtain City's comments on the Engineering Feasibility Report. 22. Submit Engineering Feasibility Report to TWDB — When the Engineering Feasibility Report has been approved by the City, submit to TWDB for review and approval eight (8) copies of the Engineering Feasibility Report. 23. Review Meeting with TWDB — Meet with TWDB and obtain comments on the Engineering Feasibility Report. Resolve any questions and comments provided by the City. 24. Preliminary Design Cost Opinion — Submit the Engineer's probable cost opinion for the recommended raw water pipeline alignment and Preliminary Engineering Report recommendations. Final Design Phase: 1. Produce design drawings and specifications as described below for the following facilities: • Approximately 40 miles of 54 " -60" raw water pipeline and associated appurtenances; • Colorado River Pump Station and Intake, based on a peak flow of 46 MGD and a typical flow of 31 MGD; • Addition of one (1) pump and VFD, including electrical and instrumentation equipment, piping, and valves to support the pumping unit at the Lake Texana Intake Pump Station; • Additional piping, ground storage tank, control systems, flow monitoring, and modifications to existing piping for connection and integration of the proposed Mary Rhodes Pipeline Phase 2 facilities to the existing Lake Texana Intake Pump Station; • Additional pipeline, ground storage tanks, control systems and flow monitoring at the Bloomington and Woodsboro Pump Stations; • Addition of one (1) pump and VFD, including electrical and instrumentation equipment, piping, and valves to support the pumping unit at the Bloomington and Woodsboro Pump Stations. 2. Preparation of Background Drawings — Utilize the results of the Topographic Survey and Aerial Photography to create plan view background drawings for the Colorado River pump station and intake site, the selected raw water pipeline route, and the water tanks at the existing Mary Rhodes facilities. These background Drawings will also serve as base sheets for the final raw water pipeline plan and profile sheets and design drawings. 3. Specification Preparation — Prepare required front -end documents and a table of contents for the technical specifications for each project. 4. Hydraulic Profile Verification — Verify the hydraulic profile of the proposed raw water pipeline based on survey data. —215— AMD. NO. 1 EXHIBIT "A -1" Page 4 of 22 5. State Agency /Roads /Railroad /Utility Coordination — Incorporate the requirements of various agencies and utility companies regarding roadway, foreign utilities, stream, and railroad crossings along proposed alignment into Contract Documents. 6. Interim Final Design Submittal — Provide drawings showing the conceptual plan views for the proposed Colorado River Pump Station and Intake, raw water pipeline alignment including location of appurtenances for the selected alignment, and Improvements to Lake Texana Intake Pump Station, Bloomington Pump Station, and Woodsboro Pump Station. A total of eight (8) sets (half size) of Interim Final Design documents for each project will be submitted for review by the City. The Interim Final Design Submittal for the raw water pipeline will consist of aerial plan views with the selected alignment and easements along with appurtenances and required crossings. The Interim Final Design Submittal for the Colorado River Pump Station and Intake shall consist of the general plan views and sections of the pump station structure and piping, building floor plans and elevations, and plan and sections views for the Colorado River Intake. The Interim Final Design Submittal for the Improvements to Lake Texana Intake Pump Station, Bloomington Pump Station, and Woodsboro Pump Station shall consist of general plan views and sections of the existing pump station structures and piping, building floor plans and elevations, proposed pumps and equipment, piping, and valves at each pump station location. Plan and section views for the connection and integration of the Mary Rhodes Pipeline Phase 2 system including the proposed ground storage tank facilities, flow metering facilities, yard piping, and valves will also be included. 7. Review Comments — The City will consolidate their submittal review comments and provide to FNI. FNI will incorporate the City's comments into subsequent submittals or prepare a written response in disagreement. 8. Interim Final Design Review Meeting — A meeting will be conducted by the Engineer with the City to review the comments for each project. 9. Update Study Level Cost Opinion — The opinion of probable construction costs for each project will be updated based on new information provided since the Engineering Feasibility Report was generated. 10. Pipeline Plan and Profile Drawings — Prepare plan and profile drawings of the raw water pipeline. All drawings will be produced in AutoCAD Civil 3D. 11. Colorado River Pump Station and Intake Piping, Electrical, Architectural, Structural, Mechanical Drawings — Prepare pump station, civil, piping, electrical, architectural, structural, and mechanical drawings for the intake pump station. 12. Improvements to Lake Texana Intake Pump Station, Bloomington Pump Station, and Woodsboro Pump Station Drawings — Prepare drawings for the proposed ground storage tanks and associated piping and control connections located at the Lake Texana Intake Pump Station, Bloomington Pump Station, and Woodsboro Pump Station. Prepare drawings for the additional pumps and flow metering facilities proposed for the Woodsboro, Bloomington and Lake Texana Intake pump stations. 13. General Detail Sheets — Prepare standard and general detail sheets for the raw water pipeline, Colorado River pump station and intake, and improvements to Lake Texana West Water Delivery System and Mary Rhodes Pipeline. 14. Roadwav, Utility, Stream & Railroad Crossing Detail Sheets — Prepare required details for raw water pipeline crossings that incorporate individual entity crossing requirements. —216— AMD. NO. 1 EXHIBIT "A -1" 15. Connection Details — Prepare details for all connection points. 16. Specification Preparation — Revise EJCDC front -end documents and prepare technical specifications for each project. 17. State Agency /Road /Railroads /Utility Coordination — Incorporate requirements of various agencies and utility companies regarding roadway, foreign utilities, stream, and railroad crossings along proposed alignment into the Contract Documents. 18. Pre -Final Design Submittal — Submit a total of eight (8) sets (half size) of Pre -Final Design Submittal design documents for each project to the City for review. 19. Review Comments — The City will consolidate their submittal review comments for each project and provide to the Engineer. The Engineer will incorporate the City's comments into the final submittal or prepare a written response of disagreement. 20. Final Design Submittal Review Meeting — A meeting will be conducted by the Engineer with the City to review the comments for each project. 21. Prepare Final Opinion of Probable Construction Cost — The Opinion of Probable Construction Cost will be finalized for each project based on the Final Design Submittal 2 drawings and specifications. 22. Prepare Final Construction Contract Documents — After receipt of agency review comments and the City's comments on documents, prepare final sealed contract documents and resubmit. 23. Issue Final Construction Contract Documents — Submit eight (8) sets (three (3) full size and five -(5) half size drawings) and eight (8) sets of specifications for the following contracts: • Colorado River Intake and Pump Station and Improvements to the Lake Texana Intake Pump Station, Bloomington Pump Station and Woodsboro Pump Station; • Mary Rhodes Pipeline Phase 2 Raw Water Pipeline, East Section; • Mary Rhodes Pipeline Phase 2 Raw Water Pipeline, Central Section; • Mary Rhodes Pipeline Phase 2 Raw Water Pipeline, West Section. Bid and Construction Phase: • BID PHASE. Upon completion of the design services and approval of "Final" drawings and specifications by the City, FNI will proceed with the performance of services in this phase as follows: o Assist the City in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for the City to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by the City. o Print Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. o Maintain information on entities that have been issue a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. o Assist the City by responding to questions and interpreting bid documents. Prepare —217— AMD. NO. 1 EXHIBIT "A -1" Page 6 of 22 and issue addenda to the bid documents to plan holders if necessary. o At the City's request, FNI will assist the City in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by the City. Pre - qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. o Assist the City in conducting a pre -bid conference for the construction projects and coordinate responses with the City. Response to the pre -bid conference will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre -bid conference. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FN1 will proceed with the performance of construction phase services as described below. FNI will endeavor to protect the City in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition ofthe premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise perforating any of the work of the Project. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the City agrees to include provisions in the construction contract documents that will require the construction contractor to include FN1 and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. o Assist the City in conducting pre - construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. o Establish communication procedures with the City and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. o Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the -218- AMD. NO. 1 EXHIBIT "A -1" progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. o Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. o Make monthly visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the City against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the City. Visits to the site in excess of the specified number are an additional service. o Notify the contractor of non - conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. o Interpret the drawings and specifications for the City and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the City, for substitutions of equipment and /or materials or deviations from the drawings and specifications is an additional service. o Establish procedures for administering constructive changes to the construction contracts. •Process contract modifications and negotiate with the contractor on behalf of the City to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the City. Documentation of field orders, where cost to the City is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the City are an additional service. o Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the City on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the City if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. o Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. o Conduct, in company with the City's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an additional service. -219- AMD. NO. 1 EXHIBIT "A -1" Page 8 of 22 ADDITIONAL SERVICES A. Geotechnical FNI will subcontract with a geotechnical firm to provide the geotechnical investigation and report for the Mary Rhodes Pipeline Phase 2 Project. The scope of services is described below. • 1. Field exploration a. Coordinate field activities between the sub consultant and FNI personnel. b. Drill a total of eighty (80) soil borings along the pipeline route to a depth of 20 -ft below natural grade. This corresponds to one boring every 1/2 mile of pipeline route. Include piezometer readings to determine water levels. c. Drill ten (10) soil borings at the pump station site to a depth of 100 -ft below natural grade. Drill five (5) additional soil borings under the Colorado River bottom to a depth of 80 -ft below the river bottom. d. Drill soil borings for the water tank at the Lake Texana Intake Pump Station to a depth of 150 -ft. e. Obtain relatively undisturbed tube samples and standard penetration test samples as appropriate for the soils encountered. f. Observe for groundwater seepage during drilling and record level. g. Backfill boreholes with cuttings upon completion. h. Conduct field resistivity tests at twenty (20) locations evenly spaced along the route. i. Drill four (4) soil borings in the area of the Palmetto Bend Dam outfall to a depth of 100 ft. j. Drill eight (8) additional soil borings along the pipeline route in the area of river and creek crossings to a depth of 100 ft. 2. Laboratory Testing Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests include: • Atterberg limits (liquid and plastic limits, 30 tests maximum); • Percent passing No. 200 sieve (30 tests maximum); • Moisture content and unit dry weight determination (30 test maximum), • Moisture content only (30 tests maximum); • One- dimensional consolidation (1 test maximum); • Unconfined compressive strength (30 tests maximum); • Deliver samples to corrosivity consultant for their use. 3. Engineering Analysis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided in the report includes: • Plan of borings illustrating the approximate location of each boring and scale to which the drawing is made; • A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information; • Description of the field exploration and laboratory testing; -220- AMD. NO. 1 EXHIBIT "A -1" • Summary of laboratory test results; • Discussion of subsurface soil and groundwater conditions; • General discussion of the geology along the route; • Allowable bearing pressures along the bottom of the pipeline trenches and lateral earth pressures. OSHA soil types for the trench walls and recommendations for trench backfill; • Recommendations on pipe trench stabilization techniques; • Field electrical resistivity tests results; • Seismic geotechnical criteria; • Earthwork recommendations including general comments regarding the excavation potential and potential construction difficulties. 4. Final Design Phase Consultation Review subsurface conditions and soil properties disclosed by the field work and discuss the implications for design with the FNI engineers. B. Surveying Services FNI will subcontract with a surveying firm to provide surveying services for easement acquisition and design of the project. All surveying shalt meet the standards of the Manual of Practice for Land Surveying in the State of Texas. The scope of work is described below. 1. TAD Maps — Provide one (1) copy of local Tax Appraisal District (TAD) Property Boundary Maps encompassing all properties within 100 feet either side of the preliminary pipeline alignment. 2. Ownership map — Prepare a deed plot of all ownerships, right -of -way, and existing easements within 100 feet either side of the preliminary pipeline alignment. All properties shall be numbered to match the corresponding list of landowners to be provided by FNI via Property Acquisition Services. 3. Project Control — Establish horizontal and vertical control from Texas State Plane coordinates, referenced to NAD 83 and NAVD 88. RTK/GPS or conventional surveying methods shall be utilized to establish X, Y, and Z coordinates. The surveyor shall provide appropriate length adjustments for the earth's curvature, where applicable. Locate property corners as required to establish property lines along the preliminary pipeline alignment and establish a minimum of one permanent control point (horizontal and vertical control) every 1,500 feet along the pipeline route. Provide X, Y, Z benchmarks within 200 feet of the beginning and end of the project and at a maximum of 1 mile spacing along the pipeline. Run level checks on all benchmarks. 4. Topographic Survey — Upon selection of final pipeline alignment and pump station location by FNI, locate all existing utilities and improvements within 100 feet either side of the final pipeline alignment and in the designated pump station site area and record a general description of the existing terrain. Features to tie in shall include, but not be limited to, the top elevation of manholes and invert elevations for all entering and existing conduits, tops of curbs, edges of pavement, bridges, retaining walls, drainage structures, channels and drainage ways, valves, slabs, utility signs and structures, fences, landscaping features, limits of vegetation, (trees and brush), cleanouts, mailboxes, driveways, sidewalks, utility poles, vaults, tanks, etc. Surveyor shall arrange for flagging of existing utilities prior to survey. Coordinate field work for topographic survey with SUE —221— AMD. NO. 1 EXHIBIT "A -1" Pa.e 10 of 22 firm to verify that utilities have been located prior to start of work. Take cross- sections at 50 foot intervals along the proposed alignment and at all grade breaks. Provide sufficient ground shots to create 1 -ft contours for the pipeline easement and pump station site. 5. Bathometric Survey — Provide survey for the Colorado River Intake Pump Station. Provide sufficient ground shots to create 1 -ft contours for the bed and banks of the Colorado River in the area of the intake. 6. Aerial Photography — Provide high - resolution color aerial photography for use in the design drawings. Establish ground control with GPS techniques and tie all control to the State Plane Coordinate System, NAD 83. 7. Easements — Prepare an exhibit and metes and bounds legal easement description for each tract the final pipeline alignment will cross as well as the pump station easement. Easements shall be signed and sealed by a Registered Professional Land Surveyor, currently licensed to practice in the State of Texas. Each easement shall have attached to it a copy of the corresponding deed for that property and a calculated closure with a lot summary sheet. One (1) draft copy of each easement shall be submitted to the City and FNI for review. Incorporate comments as appropriate an submit three (3) final copies of the easement and corresponding deed to owner and one (1) final copy to the engineer. This proposal is based on providing 45 easements. Adjustments to the total compensation for easements required less than or in excess of 45 will be made at the unit price established for easements. The legal descriptions and exhibits shall be in accordance with the following: • Legal descriptions shall include sufficient information to identify the location, boundaries, monumentation, and area of the described tract, as well as its relationship to the parent tract out of which it is surveyed. Each legal description shall be accompanied by an exhibit plat that depicts the worded description. Legal descriptions and exhibit plats shall be reproduced on 8 ' /2" x 14" legal sized paper. All must be legible. The exhibit plat or legal description should be able to stand alone. The legal descriptions (metes and bounds descriptions only) shall contain the following: • General Description • Name of current owner of record; • Type of conveyance record (warranty deed, quit claim deed, etc.) • The conveyance instrument recording information (deed record, volume, and page); • Survey name and abstract number; • County, city and state. • Specific Description • Point of Beginning tied to a monumented corner of the parent tract • Check bearings and distances against exhibit plat (they should be the same) • Curve data must contain the following: delta, radius, length, long chord bearing, and long chord distance. State if curve is tangent or non - tangent. • References to adjoining properties -222- AMD. NO. 1 EXHIBIT "A -1" • Basis of Bearing • Legal description should acknowledge existence of the exhibit plat • Acreage to the appropriate number of decimal places (no square feet) • The exhibit Plat should contain the following: • North arrow • Graphic scale • Legend • Mathematical closure • Abstract name and number • Basis of bearing • Controlling monuments • Check bearings and distances against legal descriptions (they should be the same) • Show adjoiners • Show existing easements (with instrument recording information) • Exhibit plat should acknowledge existence of a legal description • Line and curve tables are discouraged • Curve data must contain the following: delta, radius, length, long chord bearing and long chord distance. State if curve is tangent or non - tangent. • The survey plat shall bear the firm name, surveyors name, address, phone number of the land surveyor responsible for the land survey, his /her official seal, his /her original signature, and date surveyed. • Acreage to the appropriate number of decimal places (no square feet). 8. Provide one electronic survey file, AutoCAD 2010 or more recent version. 9. Surveyor to tie in all geotechnical bore locations. 10. Surveyor to flag Centerline Pi's and maintain line of sight using t- posts. 11. Locate Property and Railroad Crossings — Locate and reference the nearest mile marker at all railroad crossings, all property lines, and property corners to pipeline centerline by station and offset. 12. Boundary Surveys — Provide boundary surveys and legal exhibits as required for the City to acquire sites for a pump station, storage pond, and grounds storage tanks site (20 acres or less). C. Subsurface Utility Exploration FNI will subcontract with a subsurface utility exploration (SUE) firm to provide the following SUE services: 1. General SUE Services a. Provide SUE services for easement acquisition and pipeline design on the Mary Rhodes Pipeline Phase 2 project. The project area is generally described as -223- AMD. NO. 1 EXHIBIT "A -1" Page 12 of 22 beginning in Matagorda County on the west bank of the Colorado River and extending south and west to the West Delivery System Intake at Lake Texana in Jackson County. The SUE area will extend 100 feet on either side of the pipe centerline. This task is limited to 100 test holes. b. All SUE work shall be in accordance with the ASCE standard "ASCE C -1, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data," as well as the general standard of care in the Subsurface Utility Engineering profession. 2. SUE Services to be Provided: a. Quality Service Level B (QL -B Designating Services) — This level of service includes designation which is to indicate, by marking with paint, the presence and approximate horizontal location of subsurface utilities using geophysical prospecting techniques, including, without limitations, electromagnetic, sonic, and acoustical techniques. The SUE provider will provide the following designating services to aid the client in the design of the pipeline, establish the easements, creation of construction plans or project development plans, or for other purposes agreed upon by the parties. The SUE provider will: i. Provide all equipment, personnel, and supplies required for performing designating services. ii. Conduct appropriate investigation of site conditions. iii. Designate the approximate horizontal location of the existing utilities within the project limits as previously described in the General SUE Services section. iv. Mark the utilities on the ground to be surveyed. v. Utilize Texas One Call and /or Dig Tess location services and measure all utilities at the marked locations. b. Quality Services Level A (QL -A Locating/Test Hole Service) — The level of service includes locating the accurate horizontal and vertical position of subsurface utilities by excavating a test hole using vacuum excavation techniques and equipment that is non - destructive to utilities. The SUE provider will: i. Provide all equipment, personnel, and supplies required to perform locating services. ii. Utilize existing records and designated utilities at the site and investigate site conditions. iii. Excavate test holes to expose the utility to be measured in such a manner that insures the safety of the excavation and the integrity of the utility to be measured. In performing such excavations, the SUE provider shalt comply with applicable utility damage prevention laws and coordinate with utility inspectors as required by law. Excavations will be performed using vacuum excavation equipment that is non - destructive to existing facilities. iv. furnish and install markers directly above the centerline of utility structure and in each excavated test hole. v. Investigate, evaluate, measure, and record: • actual depth to top of utility referenced to a marker installed -224- AMD. NO. 1 EXHIBIT "A -1" directly above the centerline of the exposed utility structure. • outside diameter of utility and configuration of non - encased, multi - conduit systems. vi. Backfill around the exposed facility using the excavated materials. Excavations will be backfilled and compacted in lifts. Compaction will comply with permit requirements. vii. Provide permanent restoration of pavements within limits of original cut. When test holes are excavated in areas other than roadway pavement, these disturbed areas shall be restored as nearly as reasonably possible to the condition that existed prior to the excavation. viii. Evaluate and compare field information with utility information described in utility records and resolve conflicts. 3. Project Deliverables a. Data Management - SUE provider will analyze and correlate all field collected data with the collected record data to insure continuity of the information collected, as well as to resolve conflicts between data sets. All data must be correlated to the project monumentation set by the project surveyors. b. Plan Preparation - Plan sheets (22" x 34 ") must be prepared for the QL -B service utilizing AutoCAD 2010 or newer and meeting ASCE and City of Corpus Christi Standards. The utilities will be referenced by the type of utility and color coded to APWA standards, utility company or agency name, address, telephone number, and contact person. c. Submittals - two (2) sets of plan sheets and two (2) sets of electronic files in AutoCAD 2010 or newer .dwg file format as well as all available utility records scanned and placed on CD -ROM must be provided for the QL -A and QL -B service. Two (2) sets of test hole reports, signed and sealed by a Professional Engineer licensed or registered in the State of Texas, depicting the utility excavated at each of the utility conflicts must be provided, and the locations of the test holes must be indicated on the QL -B plan sheets and electronic files. D. Corrosion Analysis FNI will subcontract with a corrosion firm to provide the following corrosion services: 1. Soil Corrosivity Study a. Document Review — Review of alignment, geotechnical information, and preliminary plans and specifications for pipeline design. b. Field Soil Resistivity Testing — Measure soil resistivity using the Wenner Four Electrode Method along the proposed alignment. The resistivity testing will be conducted at 800 to 1,000 -foot intervals to a depth of 20 feet below grade. c. Soil analysis — Test 10 soil samples provided by the project geotechnical engineers for as received and saturated resistivities. The soil sample will be tested for as- received and minimum electrical resistivity. If the minimum resistivity is found to be less than 1,000 ohmcm, the soil sample will be forwarded to a laboratory for chemical analysis of chlorides, sulfates, pH, and bi- carbonates. d. Foreign Utility Observation — Perform a field verification of foreign utilities for confirmation of location and condition of existing pipelines. The observation will -225- AMD. NO. 1 EXHIBIT "A -1" Pa •e 14 of 22 also be conducted to determine whether the utilities are cathodically protected and the location of any corrosion control facilities, as they might impact the installation and operation of the proposed pipeline. e. Letter Report — Prepare a letter report with the results of the soil resistivity testing, chemical analysis, and foreign utility observation. The degree of corrosivity of the soil will be discussed with respect to each of the proposed pipe material options. 2. Corrosion Control Design a. Plans and Specifications — Prepare Details in AutoCAD 2010 format and Technical Specification Section 13110 "Cathodic Protection" for the cathodic protection system. b. Estimate of Probable Cost — Prepare an estimate of probable cost for the construction of the cathodic protection system. E. Surge Protection Retain and monitor the efforts of a surge protection engineering firm to provide the following services for the proposed Mary Rhodes Pipeline Phase 2 pipeline and pump station: 1. Phase I — Collect Data 2. Phase II — Model Development Develop numerical models for the appropriate software procedure based on system parameters as provided in Phase 1 data collection. This phase includes steady state simulations for design flow rates. 3. Phase III — Transients Case Simulations Recommend case simulations for investigation. For the proposed project the following would be typical candidate cases for simulation of surges for each model: CASE 1 Normal pump shutdown with valve operation CASE 2 CASE 3 CASE 4 Pump Startup with full pipe and valve operation Total power failure all operating pumps Partial power failure — 50% of operating pumps a. Base Case Simulations — The transient cases shall be simulated for base case conditions, as- built, or as designed for the flow. All existing surge protection devices or proposed devices shall be included in analysis. b. If the maximum allowable surge pressures in the system are violated under conditions in "A" above, additional surge protection devices will be sized and added to the model. The cases in "A" above will be re -run at the flow rates to determine the locations (if any), size, characteristics, and new set points for both existing and new surge protection devices on the system. 4. Phase IV — Report Preparation Review and interpret results of computer simulations and provide three copies of a written report with graphs and plots of simulation results. The draft report will be submitted to the District for review and comments. A meeting or phone conference will be scheduled with the District to review and discuss comments on the draft report. A final report will be issued that includes the resolution of comments by the District. -226- AMD. NO. 1 EXHIBIT "A -1" Retain and monitor the efforts of a surge protection engineering firm to provide the following services for the improvement of the West Water Delivery System and Mary Rhodes Pipeline: 1. Phase I — Collect Data The existing model from 2002 (Turner Collie & Braden) will be used for the Mary Rhodes pipeline. This model will be reviewed and the data verified for with current existing parameters. The cost estimate assumes that FNI will obtain permission to use the existing 2002 Mary Rhodes model from Turner Collie and Braden, City of Corpus Christi, or Lavaca River Authority. 2. Phase II — Existing Model Upgrade The existing numerical models for the appropriate software procedure (LIQT) based on system parameters as provided in Phase 1 data collection. This phase includes steady state simulations for design flow rates. 3. Phase III — Transients Case Simulations Recommend case simulations for investigation. For the proposed project the following would be typical candidate cases for simulation of surges for each model: CASE 1 Pump power failure — Intake Pump Station CASE 2 Pump power failure — Bloomington Pump Station CASE 3 Pump power failure — Woodsboro Pump Station CASE 4 Accidental inlet valve closure — Bloomington Pump Station CASE 5 Accidental inlet valve closure — Woodsboro Pump Station CASE 6 Accidental Inlet valve closure — Stevens Inlet WTP a. Base Case Simulations — The transient cases shall be simulated for base case conditions, as- built, or as designed for the flow. All existing surge protection devices or proposed devices shall be included in analysis. b. If the maximum allowable surge pressures in the system are violated under conditions in "A" above, additional surge protection devices will be sized and added to the model. The cases in "A" above will be re -run at the flow rates to determine the locations (if any), size, characteristics, and new set points for both existing and new surge protection devices on the system. 4. Phase IV — Report Preparation Review and interpret results of computer simulations and provide three (3) copies of written report with graphs and plots of simulation results. The draft report will be submitted to the District for review and comments. A meeting or phone conference will be scheduled with the District to review and discuss comments on the draft report. A final report will be issued that includes the resolution of comments by the District. F. Archeological Investigation Retain and monitor the efforts of a registered professional archeologist to provide the following services: 1. Analyze topographic, soils and geologic maps of the project area to identify where prehistoric sites are most likely (i.e. at stream crossings and for some distance back from the crossings). 2. Analyze historic maps and aerial photographs (minimally 1930's and 1960's if available) to identify where historic sites are most likely. -227- AMD. NO. 1 EXHIBIT "A -1" Page 16 of 22 3. Perform a field survey targeting the areas identified in (1) and (2). Some of the survey can be done with the shovel testing (potential historic sites and smaller stream crossings), while backhoe trenching will probably be needed at the larger stream crossings. 4. Prepare a technical report meeting the requirements of the Texas Historical Commission after completion of field work. 5. Prepare an application for an antiquities permit from the Texas Historic Commission. 6. Complete a file search concerning known and potential archeological sites in the project area. G. Environmental Investigation FNI and Alan Plummer (Environmental Scientists) will perform the following environmental tasks related to the project: 1. Conduct Site Visit a. Collect data needed to describe vegetative cover, wildlife habitat, jurisdictional waters and/or wetlands, land use, and signs of potential hazardous materials contamination within and adjacent to the project area. b. The presence of potential habitat for any state or federally listed threatened or endangered species will be determined. 2. Preparation of Draft and Final EA a. Complete an Environmental Assessment (EA) for environmental clearance by TWDB. Submit quarterly updates on the EA to TWDB and coordinate with all necessary regulatory agencies. The EA will follow the Guidelines for Preparation of Environmental Assessments and will include the following: i. A brief, complete explanation of the purpose and need for the proposed project. ii. A complete, concise description of the proposed project and its costs, which must agree with the engineering feasibility report. iii. A description of the social and natural environment of the entire area which would be affected directly or indirectly by the proposed project, including geological elements, hydrological elements, floodplains and wetlands, climatic elements, biological elements, historical or archeological resources, social and economic conditions, land use, land use planning and controls, other programs and projects in the area, and an overall site assessment. iv. A description of the altematives considered during the development of the proposed project and an explanation of the evaluation of altematives and how monetary and environmental factors were considered in the selection of the proposed project. v. A description and evaluation of potential direct, indirect, and secondary impacts which may result from the proposed project upon the social, economic and environmental resources of the affected area of the project, and an explanation of how each potentially adverse impact can be avoided, reduced to an acceptable level, or mitigated by structural and non - structural measures. -228- AMD. NO. 1 EXHIBIT "A -1" vi. An identification of beneficiaries and non - beneficiaries of the proposed project and an assessment of the public acceptability of the project, its costs, and its potential environmental impacts. vii. A summary of comments obtained from and required documentation of coordination with appropriate agencies (e.g., Corps of Engineers, Texas Parks and Wildlife Department, Texas Commission on Environmental Quality) and the affected public. viii. A description of the potential adverse impacts which cannot be avoided should the project be implemented. ix. A description of the future of the environment without the proposed project. x. A description of the extent to which the project may involve tradeoffs between short term environmental losses and long term gains or vice versa. xi. A description of public outreach efforts. xii. A description of the consultation process that includes a summary of agency comments and FNI responses. 3. Agency Coordination a. Submit the draft EA to the appropriate agencies, as required, including the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Texas Commission on Environmental Quality, Texas Water Development Board, Texas Parks and Wildlife Department, Federal Emergency Management Agency, local managers of the National Flood Insurance Program, and the local council of government. b. Provide follow -up assistance, including soliciting project review outcomes from agencies and responding to questions and requests for information. c. Preparing letters of response to agency comments as required. d. Incorporation of agency coordination information and copies of correspondence into EA. 4. Section 404 Permitting a. Conduct Field Survey and Letter Report i. Prior to making a field visit, Environmental Scientists will obtain pertinent background information for the site such as soils maps, topographic maps, floodplain maps, and other readily available data. This information will be evaluated to guide the field survey described below. ii. Environmental Scientists will conduct a pedestrian survey of the project area to identify environmental issues. This investigation will include the following: - Identification of "waters of the U. S." as defined by U. S. Army Corps Engineers' regulations. These waters of the U. S. are regulated by the USACE and require a permit for activities conducted within the jurisdictional boundaries. The presence of jurisdictional waters such as ephemeral, intermittent, or perennial streams, wetlands, or other open waters will be documented. -229- AMD. NO. 1 EXHIBIT "A -1" Pa •e 18 of 22 iii. Environmental Scientists will prepare a letter report that will include a description of field observations described above; an opinion of whether or not jurisdictional waters are present, and if so, the type(s) of waters; an estimate of the area of impact to waters of the U.S.; and a discussion of potential USACE Section 404 permit options. b. Jurisdictional Determination Report and Preconstruction Notification (PCN) or Individual Permit Application. i. If required under the terms and conditions of the applicable nationwide permit or permits, Environmental Scientists will prepare a permit application, including a Jurisdictional Determination Report. ii. The draft application will be submitted to the Owner for review and comment. After the Owner's comments are incorporated into the application, it will be submitted to the Fort Worth District Corps of Engineers. iii. If a PCN or permit application is required, Environmental Scientists will submit documentation to the Owner describing the permit conditions and requirements. c. Mitigation Plan i. If required by the permit conditions, Environmental Scientists will assist the Owner with preparation of a mitigation plan to compensate for impacts of the project that cannot be avoided or minimized. d. Respond to Corps of Engineers Comments on the PCN /Permit Application. 1. After submitting a permit application to the Corps, Environmental Scientists will provide up to 16 hours of follow -up assistance to the City in responding to the Corps' comments. Items that may be needed under this task include: • Responses to questions, • Requests for additional information, • Revisions to the mitigation plan. Requests from the Corps for additional information beyond the estimated number of hours in this agreement will require a contract modification. H. Physical Modeling of Colorado River Pump Station and Intake Retain and monitor the efforts of a hydraulic engineering firm to perform hydraulic modeling for the project. This firm will create a scalable physical model of the Colorado River Intake and Pump Station and provide resulting design recommendations. I. Easement Acquisition Services Retain and monitor the efforts of an easement acquisition firm to perform easement acquisition services including: 1. Complete deed research for use in creating easement documents for approximately 200 properties. Easement documents will be prepared by FNI's surveyor. 2. Conduct land cost research in the project area and develop compensation offers for property owners. -230- AMD. NO. 1 EXHIBIT "A -1" 3. Meet with the City to discuss compensation offers and overall easement acquisition strategy. 4. Act as the City's agent to purchase temporary and permanent easements for a maximum of 200 parcels. 5. Participate in bi- weekly meetings with the City to discuss property acquisition. SERVICES NOT INCLUDED IN CONTRACT The following services will not be included or will be provided under separate contracts: 1. Electrical substations and power transmission Tines, which will be provided by the electric utility. FNI will coordinate with power suppliers for required facility power requirements; 2. Electrical generators; 3. Chemical facilities. FNI will design the pipeline to allow for addition of future chemical facilities designed outside of this contract; 4. Improvements at the O.N. Stevens Water Treatment Plant; 5. Mitigation required to meet regulatory requirements; 6. Upgrades to LNRA, LCRA, City of Corpus Christi, or any other facilities, other than listed above; 7. Off- channel reservoirs or other facilities required for future expansions or upgrades; 8. Rehabilitation of existing pumps at the Lake Texana Intake Pump Station. 9. Design for adding a second pump and VFD including all piping, valves, electrical and instrumentation at each of the three (3) pump stations: Texana Intake, Bloomington, Woodsboro; 10. Condition assessment and design of improvements to Mary Rhodes Pipeline; 11. Improvements to the West Water Delivery System SCADA system; 12. Blending study; 13. Pre - purchase of equipment; 14. FNI furnished project website; 15. Providing services to investigate existing conditions of facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information fumished by the City, other than those listed in Basic Services; 16. Providing renderings, model, and mock -ups requested by the City, other than those listed in Basic Services; 17. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by the City or 2) due to other causes not solely within the control of FNI; 18. Providing consultation concerning the replacement of any work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such work; 19. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test, other than those inspections and tests listed in Basic Services; 20. Conducting pilot plant studies or tests; 21. Preparing data and reports for assistance to the City in preparation for hearings before regulatory agencies, courts, arbitration panels or mediator; giving testimony, personally -231- AMD. NO. 1 EXHIBIT "A -1" Page 20 of 22 or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator, other than those listed in Basic Services; 22. Field layouts or the furnishing of construction line and grade surveys; 23. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the City; 24. Preparation of required Operation and Maintenance Manuals or conducting operator training; 25. Appearance before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development of the Project including the preparation of engineering data and reports for assistance to the City; 26. Assisting the City in the defense of prosecution or litigation in connection with or in addition to those services contemplated by this agreement. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this agreement; 27. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement; 28. Providing value engineering studies or reviews, other than those listed in Basic Services; 29. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement; 30. Detailed delineation of complex wetland boundaries; 31. Additional consultation with U. S. Fish and Wildlife Service if threatened or endangered species are encountered, other than that consultation listed in Basic Services; 32. Consultation with other state and federal agencies; 33. Tree survey; 34. Assistance with holding public meeting(s) or hearing(s); 35. Assist the City in the preparation of Construction Contract Documents for construction contracts. Provide Construction Contract Documents which include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the City and construction contractor. Distribute these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide the City with the remaining documents for use during construction. Additional sets of documents can be provided as an additional service. 36. Revise the construction (as- built) drawings in accordance with the information fumished by construction Contractor(s) reflecting changes in the Project made during construction. 37. Construction Observation Phase Services including Resident Representation. RESPONSIBILITES OF OWNER Owner shall perform the following in a timely manner so as not to delay the services of FNI: 1. Designate in writing a person to act as the City's representative with respect to the services to be rendered under this agreement. Such person shall have contract authority -232- AMD. NO. 1 EXHIBIT "A -1" to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to FNI's services for the Project. 2. Provide all criteria and full information as to the City's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the drawings and specifications. 3. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as the City deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. 5. Give prompt written notice to FNI whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. 6. Furnish or direct FNI to provide, Additional Services as stipulate in Additional Services outlined above or other services required. 7. Bear all costs incidental to compliance with the requirements of this section, Responsibilities of Owner. -233- AMD. NO. 1 EXHIBIT "A -1" Page 22 of 22 City of Corpus Christi 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 defmitions. COMPANY NAME: Freese & Nichols, Inc. P. O. BOX: STREET ADDRESS: 5402 S. Staples, Suite 208 CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation 4. Association 2. Partnership ❑ 5. Other 3. Sole Owner ❑ 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 m the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 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 N/A —234— FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Vice President/Group Manager (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2 •3. k3 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. —235— 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/1 6/1 0 AGENDA ITEM: Second Reading Ordinance amending Article IV, Chapter 2, Code of Ordinances, City of Corpus Christi, by adding a new division 29 to establish the Island Strategic Action Committee; providing for Severance; and providing for publication. ISSUE: In 2000, an ad hoc committee named the Island Action Group was organized to address the implementation of the Mustang -Padre Island Area Development Plan (the Plan). The ad hoc committee was never formally established by the City Council, but its plan was presented to and accepted by the City Council in April 2004. The Plan calls for the formal establishment of a Strategic Action Committee to aggressively pursue the implementation of that plan. With the need to obtain input from island residents and businesses on the plans for the Tax Increment Reinvestment Zone Number Two project and financing plans, there is a need for a formal advisory committee to represent Mustang /Padre Islands. Presented for your consideration is an ordinance that formally establishes the Island Strategic Action Committee and the associated nomination process. REQUIRED COUNCIL ACTION: Council approval of the Ordinance PREVIOUS COUNCIL ACTION: Approved First Reading Ordinance with modifications on January 26, 2010 RECOMMENDATION: Staff recommends approval of the ordinance that formally establishes the Island Strategic Action Committee and the associated nomination process. ,A Emily Ma nez Interim Director of Eco ^'ic Development emilym @cctexas.com 826 -3312 BACKGROUND INFORMATION UPDATE As a result of the First Reading on January 26, 2010, the City Council voted to make the following changes in Sec. 2 -293. Membership; terms; filling vacancies; ex- officio members: • Added an additional representative from an environmental group for a total of two members from an environmental group • Added an At -Large representative for a total of three At -Large representatives who are residents of the City (inclusive of all city residents not only those who reside on Mustang or Padre Islands) • Eliminated a member of the Board of Directors of the Island United Political Action Committee, who has been nominated by the committee. During our monthly Padre Island Task Force meeting on February 2, 2010, the agenda included a report on the ordinance changes as voted on by City Council during the January 26th meeting. In attendance were city staff, Council Members Nelda Martinez, Chris Adler, and Brent Chesney, and 25 members of the Padre Island Task Force, The task force voiced concerns regarding members of the committee not being residents of Mustang or Padre Islands. The group wanted the record to reflect that they are requesting at least nine members be Island Residents. In addition, the Padre Island Task Force was in favor of keeping a member of the Island United Political Action Committee. Each of these items was voted on a received an overwhelming majority. Applications are available on the City Secretary's website at www.cctexas.com. Applications must be turned in to the City Secretary's office by March 1, 2010; Committee appointments will be made on March 9, 2010, at the City Council meeting. Background Provided January 26, 2010 In 2000, an ad hoc committee named the Island Action Group was organized to address the implementation of the Mustang -Padre Island Area Development Plan. The ad hoc committee was never formally established by the City Council, but its plan was presented to and accepted by the City Council in April 2004. Policy Statement G.2 in the Mustang -Padre Island Area Development Plan calls for the formal establishment of a Strategic Action Committee to aggressively pursue the implementation of that plan. With the need to get input from island residents and businesses on the plans for the Tax Increment Reinvestment Zone Number Two project and financing plans, there is a need for a formal advisory committee to represent Mustang /Padre Islands. The area development plan provides that: "A Strategic Action Committee will be established by the City to implement this Plan. This group should consist of entrepreneurs and property owners with businesses or property located within the Mustang -Padre Island area, professional architects and engineers, commercial realtors, at -large citizens who have no financial interest in the Area, and representatives from governmental agencies which provide services to the Area, and representatives from the applicable City advisory committees, e.g., Water Shore, Parks, etc. The primary charge to this ad hoc group is to aggressively pursue the implementation of this Plan. The committee shall develop specific strategies for implementation of the Plan with specific time lines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. The highest priority projects for the Strategic Action Committee include: • Mustang -Padre Island Area Development Plan projects to be recommended for inclusion in the next City Bond Program. • Implementation of sustainable new or additional funding sources for the Mustang -Padre Island Area, i.e., Tax Increment Financing District, Public Improvement District, or other mechanisms to fund projects. Identified funding sources should be in place within 12 months of adoption of the Mustang -Padre Island Area Plan. • Annual input into the City's Capital Improvements Program. • Recommend State legislation pertaining to Island concerns. • Other appropriate areas of concern." The Island Strategic Action Committee will develop specific strategies for implementation of the Mustang -Padre Island Area Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. Since this committee is supposed to have a continuing role in providing annual input into the City's Capital Improvement Program and the implementation of sustainable funding sources for the Mustang -Padre Island area, such as tax increment financing, we believe a standing advisory committee is the best approach for the immediate future. On January 5, 2010, city staff met with various representatives from the Island and received input on a proposed ordinance formalizing an Island Strategic Action Committee. Based on the input received, the membership portion of the ordinance was evaluated and revised. With the approval of the Ordinance, staff anticipates council committee appointments in the February-March 2010 timeframe. The committee will be comprised of —241— thirteen (13) members and ex- officio members. These members will be approved by the City Council. The following is a list of members for the committee: • A representative nominated by the Padre Isles Property Owners Association • A residential property owner who owns property and resides on Mustang or Padre Islands • A commercial property owner who owns property and does business on Mustang or Padre Islands • A developer of property on Mustang or Padre Islands • A representative nominated by the Padre Island Business Association • An architect or professional engineer, who does work on projects on Mustang or Padre Islands • A member nominated by the Board of Directors of the Island United Political Action Committee • A realtor, who primarily represents buyers or sellers of property on Mustang or Padre Islands • A construction contractor, who primarily works on projects on Mustang or Padre Islands • A representative of an environmental group • Two at large representatives with interest on Mustang or Padre Island, including, but not limited to island residents, property owners, or business owners • A resident of Corpus Christi who has no financial interest on Mustang or Padre Island The following organizations may appoint a representativeto serve as an ex- officio advisory member of the action committee without vote: • Planning Commission • Watershore and Beach Advisory Committee • Park and Recreation Advisory Committee • Nueces County • Nueces County Water Control and Improvement District No. 4. • Corpus Christi Convention and Visitors Bureau Of the initial members, seven (7) members shall serve a three -year term and six (6) members shall serve a two -year term. This will be determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. The committee shall meet at least once a quarter and may meet on the call of the chair or of a majority of its members. The Director of Economic Development, or designated representative, will serve as the staff liaison and assist the action committee with its duties. The Assistant City Manager, Development Services and Director of Economic Development will serve as ex- officio members of the action committee without a vote. Nomination Process: Though all categories follow an "open" nomination process, island organizations may nominate only one representative. Those organizations include the following: Padre Isles Property Owners Association, Padre Island Business Association, and Island United Political Action Committee. The remainder of the committee make -up will follow the normal application and appointment process generally followed by other city committees. Applications may be sent to the City Secretary's office located on the first floor of City Hall. Additional information and automated application is located on the City's website at www.cctexas.com. Attached is a copy of the application form for the Island Strategic Action Committee. In accordance with §2 -65 of the City Code of Ordinances, all of the committee members have to be residents of the City. This requirement also applies to all City advisory committees. Page 1 of 5 ORDINANCE AMENDING ARTICLE IV, CHAPTER 2, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING A NEW DIVISION 29 TO ESTABLISH THE ISLAND STRATEGIC ACTION COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, Policy Statement G.2 in the Mustang -Padre Island Area Development Plan calls for the establishment of a strategic action committee to aggressively pursue the implementation of the plan; WHEREAS, an ad hoc committee named the Island Action Group organized to address the implementation of the plan, but was never formally established by the City Council; and WHEREAS, there is a need for a standing advisory committee to address the tasks identified in the plan: "A Strategic Action Committee will be established by the City to implement this Plan. This group should consist of entrepreneurs and property owners with businesses or property located within the Mustang -Padre Island area, professional architects and engineers, commercial realtors, at -large citizens who have no financial interest in the Area, and representatives from governmental agencies which provide services to the Area, and representatives from the applicable City advisory committees, e.g. Watershore, Parks, etc. The primary charge to this ad hoc group is to aggressively pursue the implementation of this Plan. The committee shall develop specific strategies for implementation of the Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Article IV, Chapter 2, Code of Ordinances is amended by adding a new Division 29 to read as follows: "CHAPTER 2 ADMINISTRATION "ARTICLE IV. MISCELLANEOUS BOARDS, COMMISSIONS AND COMMITTEES * ISLAND STRATEGIC ACTION COMMITTEE 0126201114244- Page 2 of 5 "DIVISION 29. ISLAND STRATEGIC ACTION COMMITTEE "Sec. 2 -291. Created; purpose. "The Island Strategic Action Committee is created to advise the Mayor and City Council on development and implementation of the Mustang -Padre Island Area Development Plan. "Sec. 2-292. Duties. "(a) The Island Strategic Action Committee shall develop specific strategies for implementation of the Mustang -Padre Island Area Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. "(b) The highest priority projects for the Island Strategic Action Committee include, but are not limited to: "(1) Recommending appropriate Mustang -Padre Island Area Development Plan projects for inclusion in the next City Bond Program. "(2) Recommending implementation of sustainable new or additional funding sources for the Mustang -Padre Island Area, i.e., tax increment reinvestment zones, public improvement districts, municipal management districts, or other mechanisms to fund projects. "(3) Provide annual input into the City's Capital Improvements Program. "(4) Recommend State legislation pertaining to island concerns. "Sec. 2 -293. Membership; terms; filling vacancies; ex- officio members. "(a) The Island Strategic Action Committee shall consist of thirteen (13) members appointed by City Council. The membership must include: "(1) A member of the Padre Isles Property Owners Association, who has been nominated by the association. "(2) A residential property owner who owns property and resides on Mustang or Padre Island. "(3) A commercial property owner who owns property and operates a business on Mustang or Padre Island. "(4) A developer of property on Mustangor Padre Island. "(5) A member of the Padre Island Business Association, who has been nominated by the association. ISLAND STRATEGIC ACTION COMMITTEE 01262010A -245- Page 3 of 5 "(6) An architect or professional engineer, who does work on projects on Mustang or Padre Islands. "(7) A realtor, who primarily represents buyers or seller of property on Mustang or Padre Islands. "(8) A construction contractor, who primarily works on projects on Mustang or Padre Islands. "(9) A representative of ap -from two environmental group. "(11) Two Three -at -large representatives who are residents of the City 11 "(b) Notwithstanding the requirement in Section 2 -65, the City Council may appoint not more than four members of the action committee who do not reside within the City if they work on or own or represent the owner of property or business on Mustang or Padre Islands. "(c) Of the initial members, seven (7) members shall serve a three -year term and six (6) members shall serve a two -near term, as determined by a drawing to be conducted by the City Secretary's office. Thereafter, all terms shall be three (3) nears. "(d) in the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. "(e) The Assistant City Manager, Development Services and Director, Economic Development serve as ex- officio members of the action committee without vote. "(f) The following organizations may appoint a representative to serve as an ex- officio advisory member of the action committee without vote: "(1) Planning Commission. "(2) Watershore and Beach Advisory Committee. "(3) Park and Recreation Advisory Committee. "(4) Nueces County. "(5) Nueces County Water Control and Improvement District No. 4. ISLAND STRATEGIC ACTION COMMITTEE 01262010A-246- Page 4 of 5 "(6) Corpus Christi Convention and Visitors Bureau. "Sec. 2 -294. Quorum; procedures; officers; staff liaison, meetings; subcommittees. "(a) The majority of members constitute a quorum, provided that the majority vote of the quorum is necessary for the adoption or approval of anv matters before the action committee. "(b) The action committee may adopt its own rules of procedure for the conduct of its business and may amend the rules from time to time. A copy of the adopted rules of procedure must be placed on file in the City Secretary's office. "(c) At the first meeting after creation of the action committee, a majority of the whole action committee shall elect a chair and vice - chair to serve during the initial two -year term. Thereafter, the chair and vice -chair shall be elected by a maioritv of the whole action committee to serve one -year terms. Following the initial election, subsequent elections for chair and vice -chair shall be held each year at the first regular meeting after appointments to fill expiring terms. "(d) The Director, Economic Development, or designated representative, serves as the staff liaison and assist with the action committee with its duties. "(e) The action committee shall meet at least once a quarter and may meet on the call of the chair or of a majority of its members. "(f) The chair of the action committee, with the approval of the action committee, may establish such subcommittees as may be necessary or appropriate to assist the action committee in its studies and in the performance of its duties. Members of subcommittees may be appointed from among members of the action committee; ex- officio advisory members; Mustang or Padre Island residents, who reside in Corpus Christi; Mustang or Padre Island property owners, who reside in Corpus Christi; and Mustang or Padre Island business owners, who reside in Corpus Christi. "Secs. 2 -284 2 -295 -- 2 -309. Reserved." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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. ISLAND STRATEGIC ACTION COMMITTEE 01262010A —247— Page 5 of 5 That the foregoing ordinance was re for the first time and passed to its second reading on this the $14 " day of , 2010, by the following vote: Joe Adame v}1, (] Priscilla Leal —,id_ Chris N. Adler lk, 0 John E. Marez __.494 Brent Chesney Ii,b Nelda Martinez Larry R. Elizondo, Sr. (1.1,-A, Mark Scott --h_ b Kevin Kieschnick T, 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 Joe Adame City Secretary Mayor APPROVED: 10th day of February, 2010: R. J ' eini Fi st Assistant City Attorney For City Attorney ISLAND STRATEGIC ACTION COMMITTEE 01262010A-248- 21 NO ATTACHMENT FOR THIS ITEM 22 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: New Broadway Wastewater Treatment Plant Project Update STAFF PRESENTER(S): Name Title /Position Department 1. Pete Anaya Director of Engineering Engineering Dept. City of Corpus Christi 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Dan Lyendecker President LNV, Inc. 2. 3. BACKGROUND: REQUIRED COUNCIL ACTION: NONE —7/ Pete Anaya, P.E. Director, Engineering Services p ete a n (cry ccte xa s. co m (361)- 826 -3783 PowerPoint X Supplemental Information =0 0 o 00 on C.C.) >••••, :I: 3 4,1) LL u • ' _ .13:3 - - .7 Notice to Proceed: 1/25/2010 Ln L M >% O CO ("Ni O cn N 0 O L 'a (a Q) U 0 o a) O Q E 0 U o ro a) ci_ ii M 13333 33311 aging 13333333 4141.1 ;HI+ ANNE MINIM EINEM 11043010411 , :1 litti 3 33333 3333333 333:19 dilmnmnmr 3333f sadwag 6w,wao!Bo3 1v 1Wwpodoo LN3FWIVd30 d3I.YM3I.SVM s s Snit ftSIdH 1 Sfd2100 .10 AID 111 solPwx nn ice roww NVId 3LS V34JV 1N3V11V3N1 lVN3N39 N wimnumgmmiummum 11166... 0 - 0 _o _c 0.0 b.0 0 4-+ 0 LJ •