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Agenda Packet City Council - 09/28/2010
47,,,,63;;!tl&, 11:45 A.M. - Proclamation declaring October 5, 2010 as "National Night Out ". Proclamation declaring October 8 -10, 2010 as "2 "d Annual Cares Enough to Wear Pink Campaign 2010 ". Proclamation declaring November 1, 2010 as "Extra Mile Day ". Proclamation declaring the week of Sept. 27 — Oct. 1, 2010 as "National Community Development Association (NCDA) Region VI Week ". Proclamation declaring the month of October 2010 as "National Breast Cancer Awareness Month ". Presentation of ceremonial check for "Loan Star Libraries" grant by Senator Juan "Chuy" Hinojosa and the Texas State Library. AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 28, 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. !f 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 limitedo, habra un interprete ingles -espaf of 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 Deacon Michael Mantz, Diocese of Corpus Christi. 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 Brent Chesney Council Members: Chris N. Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting September 28, 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 September 21, 2010. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) 2. Corpus Christi Convention and Visitors Bureau 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.) 3. Motion approving a supply agreement with the VWR International, of Suwanee, Georgia for laboratory chemicals and supplies in accordance with Bid Invitation No. B1- 0178 -10, based on most advantageous bid, for estimated annual expenditure of $77,229.88. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor Agenda Regular Council Meeting September 28, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) and the City Manager, or his designee. The laboratory chemicals and supplies will be used by the Water Laboratory. Funding is budgeted and available in the Water Fund for FY 2010 -2011. (Attachment #3) 4. Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas, in the amount of $74,747 for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar (Bond 2008). (Attachment #4) 5. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Construction Materials Testing Agreement with Kleinfelder of Corpus Christi, Texas in the amount of $19,986.42 for a total restated fee of $67,961.42 for ADA Accessible Ramps along Staples Street from Leopard Street to Six Points. (Bond 2004) (Attachment #5) 6. Motion authorizing the City Manager or his designee to execute a construction contract with Alcorn Commercial Construction of Corpus Christi, Texas in the amount of $119,109.40 for Garcia Arts Education Center Parking Lot improvements for the "Buy America" Option 1, Total Base Bid plus Additive Alternate No. 2 and No. 3. (CDBG -R) (Attachment #6) 7 Second Reading Ordinance - Amending Chapter 14 "Development Services," Article XIII, "Development Service Fees ", Division 4, "Platting Ordinance Fees ", Section 14 -1341, Platting ordinance fees ", and Chapter 55, "Utilities ", Article V, "Taps and Connections ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees. (First Reading — 09/21/10) (Attachment #7) I. EXECUTIVE SESSION: (NONE) 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 Agenda Regular Council Meeting September 28, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 8. Presentation on flooding events of September 20th and 21st, updates on City response actions, and possible additional related actions. (TO BE CONSIDERED AT APPROXIMATELY 2;44 PM) (Attachment #8) 9. Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $414,327.45 for Till Creek Drainage Basin Improvements, Phase 3, Base Bid Parts A & C. (Attachment #9) 10. Motion to authorize the City Manager or his designee to execute a contract for the collection of delinquent Municipal Court fines and court costs with the law firm of Linebarger, Goggan, Blair, & Sampson, LLP for a fee of 30% of amount collected on delinquent accounts turned over to law firm, with collection fee to be paid by defendant. (Attachment #10) 11. Ordinance imposing a temporary 60 -day moratorium on the requirement in Section 27- 3.07.01 of the Zoning Ordinance of the City of Corpus Christi, Texas to screen trash areas on any lot used for business or multi - family purposes from street, public, and neighboring views; providing for publication, providing an effective date. (Attachment #11) 12. a. First Reading Ordinance - Authorizing the City Manager or his designee to execute a ten (10) year lease with Foresight Corpus Christi Golf, LLC with options to renew for an additional ten (10) year term, and then an additional five (5) year term, for the use of Gabe Lozano, Sr. Golf Course and Oso Beach Golf Course for annual rental payments of one - half of net cash flow from operations; providing for publication. (Attachment #12) Agenda Regular Council Meeting September 28, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion to authorize the City Manager or his designee to execute a short-term monthly management agreement with Foresight Corpus Christi Golf, LLC to manage the Oso Beach Golf Course and the Gabe Lozano, Sr. Golf Course, for a monthly management fee of $12,000 for up to six months. (Attachment #12) c. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 36, regarding fees established by golf course operators under lease with the City for operation of City golf courses; providing for penalties; and providing for publication. (Attachment #12) 13. Discussion and consideration of executive search firms and selection process for new City Manager. (Attachment #13) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 14. Status Update on Mary Rhodes Phase 2 Pipeline (Attachment #14) 15. Status Update on Broadway Wastewater Treatment Plant (Attachment #15 M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: Agenda Regular Council Meeting September 28, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. E 0 p.m., on September 23, 2010. --e-6------ 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. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST, SEPTEMBER 28, 2010 12:00 P.M. SEP 2 ~ 20~~ Cf~Y ~ECRf^7ARY'S OFI=lCir PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: K. REGULAR AGENDA 8.1. Resolution urging the Padre Island National access to the seashore's South Beach b restrictions on vehicular traffic south of mile Vehicle Environmental Assessment Process. POSTING STATEMENT: Seashore to preserve public y not adopting unreasonable marker 2.5 through its Beach This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at J D:o~ a.m. / p,m., September 24, 2010. Armando Chapa City Secretary City Council Goals 2010 -2011 t.) Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 21, 2010 - 12:00 p.m. PRESENT Mayor Pro Tem Brent Chesney Council Members: City Staff: Chris Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott ABSENT Mayor Joe Adame Mayor Pro Tem Chesney called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer be given for those individuals experiencing problems from the recent flooding and for the gentleman that drowned during the flooding, Kelechi Kingsley Nwogu. The invocation was delivered by Pastor Pamela Dykehouse with St. Luke's United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Adler. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Chesney called for approval of the minutes of the regular Council meeting of September 14, 2010. City Secretary Chapa announced that the minutes need to be corrected on page 12, sentence 5, to reflect a "No" vote at the end of that line. Mr. Marez made a motion to correct the minutes as indicated by staff, seconded by Ms. Leal and passed. A motion was made and passed to approve the minutes as amended. ******** * * * * Mayor Pro Tem Chesney called for consideration of the consent agenda (Items 2 - 5). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 2.a. MOTION NO. 2010 -221 Motion authorizing the City Manager or his designee to accept a grant in the amount of $19,000 from Sam Houston State University for the Project Safe Neighborhoods 2010 grant to continue the Save Our Streets campaign within the Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. —1— Minutes — Regular Council Meeting September 21, 2010 — Page 2 2.b. ORDINANCE NO. 028786 Ordinance appropriating $19,000 from Sam Houston State University in the No. 1061 Police Grants Fund for funding available under the Project Safe Neighborhoods 2010 grant. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. 3.a. MOTION NO. 2010 -222 Motion authorizing the City Manager or his designee to accept a grant in the amount of $89,290.07 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 11 with a City cash match of $19,520, in -kind match of $4,000 for a total project cost of $112,810.07 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. 3. b. ORDINANCE NO. 028787 Ordinance appropriating $89,290.07 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $19,520 from the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. 4. ORDINANCE NO. 028788 Ordinance appropriating $1,000,000 into the Street CIP Fund No. 3530 from the Regional Transportation Authority (RTA) for the RTA 2010 Special Projects Program ($500,000) and for the RTA 2009 Special Projects Program ($500,000); and changing the FY 2010 Capital Budget adopted by Ordinance No. 028449 by increasing revenues by $1,000,000 in Street CIP Fund No. 3530. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. 5. MOTION NO. 2010 -223 Motion authorizing the City Manager or his designee to execute an Agreement for Geotechnical Engineering Testing Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in an amount of $133,945 for O.N. Stevens Water Treatment Plant Raw Water Influent Improvements. (Water Supply CIP FY 2010) The foregoing motion was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. -2- Minutes — Regular Council Meeting September 21, 2010 — Page 3 * * * * * * * * * * * ** Mayor Pro Tem Chesney referred to Item 6, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0610 -05, City of Corpus Christi: The applicant is requesting zoning the recently annexed properties to the "R-1B" One - Family Dwelling District on property described as approximately five (5) tracts, totaling approximately 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority, along the southern shoreline of Nueces Bay. In response to Council Member Martinez, Assistant Director of Development Services Faryce Goode -Macon explained that there are no definite plans for the land expect to keep the land in its natural state of "R-1B" until a larger plan for that area is proposed. 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: 6. ORDINANCE NO. 028789 Amending the Zoning Ordinance, upon application by City of Corpus Christi, by changing the Zoning Map to establish a Zoning District for approximately 5 tracts of newly annexed submerged land (Annexation Ordinance No. 028283), totaling 6.635 acres, owned by the Port of Corpus Christi Authority, along the southern shoreline of Nueces Bay, as "R-1B" 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; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adame was absent. Mayor Pro Tem Chesney referred to Item 7, and a motion was made, seconded and passed to open the public hearing on the development services fees: 7. Public Hearing to consider and First Reading Ordinance amending Chapter 14 "Development Services," Article XIII, "Development Service Fees ", Division 4, "Platting Ordinance Fees ", Section 14 -1341, Platting ordinance fees ", and Chapter 55, "Utilities ", Article V, "Taps and Connections ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees. Assistant City Manager of Development Services Johnny Perales explained that the Platting Ordinance requires that various development services construction fees be updated annually to reflect the cost construction index published in the Engineering News Record. No one appeared in opposition to the development services fees. 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: Minutes -- Regular Council Meeting September 21, 2010 — Page 4 7. FIRST READING ORDINANCE Amending Chapter 14 "Development Services," Article XIII, "Development Service Fees ", Division 4, "Platting Ordinance Fees ", Section 14 -1341, Platting ordinance fees ", and Chapter 55, "Utilities ", Article V, "Taps and Connections ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees. The foregoing ordinance was passed and approved on its first reading with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. * * * * * * * * * * * * * Mayor Pro Tem Chesney opened discussion on Item 8 regarding the Corpus Christi International Airport Terminal Building Rehabilitation project. Director of Engineering Services Pete Anaya explained that this item appropriates grant funding from the Federal Aviation Administration (FAA) and awards a construction contract to Barcom Commercial, Inc. for the construction and expansion of the federal inspection services facility. Mr. Anaya provided a brief overview of the bid information received by Teal Construction, Inc., Fulton /Coastcon, and KJM Commercial and the problems associated with those bids. Assistant Director of Engineering Services Kevin Stowers and Director of Aviation Fred Segundo was available to respond to questions. The following topics pertaining to this item were discussed: KJM Commercial's failure to sign their proposal constituting in the proposal being non - responsive; whether staff has concerns regarding Barcom's bid for Alternative No. 2 for curvilinear acoustical ceiling pattern; funding from the FAA grants and the Airport Capital Reserve CIP fund; and leaks in the Airport's roof. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 028790 Ordinance appropriating $2,802,051 from the Federal Aviation Administration Grant No. 3- 48 -0051 -046 -2010 in the No. 3020 Airport Capital Improvement Fund to modify the Terminal Building; changing the FY 2009 -10 Capital Improvement budget adopted by Ordinance No. 028449 to increase appropriations by $2,802,051. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. 8.b. MOTION NO. 2010-224 Motion authorizing the City Manager or his designee to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $3,231,000 for the Corpus Christi International Airport Terminal Building Rehabilitation project for Base Bid only for the expansion of the Federal Inspection Services (FIS) area to increase the screening capacity of Customs and Border Protection, Subject to Appropriation. The foregoing motion was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. —4— Minutes — Regular Council Meeting September 21, 2010 — Page 5 Mayor Pro Tem Chesney opened discussion on Item 9 regarding discussion and consideration of the executive search firms and selection process for the new City Manager. Mayor Pro Tem Chesney explained that the Council's objective is to narrow the executive search firms to approximately three (3) firms for a final recommendation on September 28th. City Manager Escobar provided the Council with an updated list of the summary of proposals. Council Member Martinez asked staff to provide a recommendation since additional proposals were received from Voorhees Associates and Stang Decision Systems. Assistant Director of Human Resources Joan McKaughan reported that after reviewing the references of the firms and receiving information from other Human Resources departments, staff recommended Affion Public, Strategic Government Resources, and Waters - Oldani. The Council nominated the following companies for consideration: Waters - Oldani Executive Recruitment; The Mercer Group; Slavin Management Consultants; Strategic Government Resources; and Affion Public. Mayor Pro Tem Chesney called for comments from the audience. There were no comments from the audience. Council Member Leal spoke is support of Affion Public and the work they performed during the previous City Manager search. Council Member Kieschnick spoke in support of Strategic Government Resources and their initiative to reach out to him as a council member. Council Member Elizondo spoke in support of Slavin Management Consultants and Strategic Government Resources and referenced an article on Slavin Management Consultants regarding their ability to aggressive recruit skilled candidates, including those who are not actively looking for a job. Council Member Marez stated that he would support The Mercer Group and Waters - Oldani based on their record in other cities to select qualified candidates. Council Member Adler stated that she would support Strategic Government Resources, Slavin Management Consultants and Waters - Oldani. Ms. Adler also spoke regarding the triple guarantee provided by Waters - Oldani. Council Member Scott stated that he has researched all nine firms and received positive feedback on Waters - Oldani, The Mercer Group, and Slavin Management Consultants. Council Member Martinez supported Slavin Management Consultants and Strategic Government Resources but stated she was extremely impressed with Waters - Oldani. After the nomination process, the Council narrowed the selection to the following three (3) executive search firms: Waters - Oldani Executive Recruitment; Slavin Management Consultants; and Strategic Government Resources. Mr. Marez made a motion narrowing the executive search firms for the selection of the new City Manager to the following companies: Waters - Oldani Executive Recruitment, Slavin Management Consultants, and Strategic Government Resources. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2010 -225 Motion narrowing the executive search firms for the selection of the new City Manager to the following companies: Waters- Oldani Executive Recruitment, Slavin Management Consultants, and Strategic Government Resources. The foregoing motion was passed and approved with the following vote: Chesney, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame was absent. -5- Minutes — Regular Council Meeting September 21, 2010 — Page 6 Ms. McKaughan stated that in response to Council Member Marez's suggestion to consider developing a.website similar to the City of Aurora, Colorado's interactive website for selecting a City Manager, the Municipal Information Systems (MIS) Department has developed a link for the City's website and staff will bring this item for consideration of the Council. The Council asked staff to evaluate the top three (3) executive search firms and develop a matrix to analyze the firms. * * * * * * * * * * * * * Mayor Pro Tem Chesney called for petitions from the audience. Ernest Sanchez, resident of the Las Colonias Subdivision, spoke regarding the recent flooding and evacuation of the subdivision and expressed concern regarding assistance for trash removal; the safety of the water; whether it is safe to move back into the homes; and the reason there was a lack of drainage in the area. Joshua George, resident of the Las Colonias subdivision, spoke regarding the work performed in the subdivision that should have prevented the flooding; the sewage in the neighborhood; safety concerns; testing for the area; and assistance from the City for residents. Tony Hartwell, Coastal Bend Small Breed Rescue (CBSBR), asked that the CBSBR's request for an extension of the Special Permit be placed on the agenda for September 28th. Mr. Hartwell reported that the previous Special Permit expires on October 11th and staff has told him this item will not be placed on the agenda until October 12th Judith Sisson, Executive Director of the Coastal Bend Small Breed Rescue, requested that the City allow the organization to continue to service the community and place the item on the agenda before the expiration of the current Special Permit. Ms. Sisson spoke regarding the problems the rescue center has had in order to comply with the existing Special Permit. Ana Lisa Uranga - Acebo, resident of Las Colonias, stated that she just moved into the subdivision and has lost everything due to the recent flooding. Ms. Acebo expressed concern regarding the wastewater floating in neighborhood and the safety of the residents. Ms. Acebo encouraged the City to test the water and the soil in the area and asked for assistance. Manuel Plazola, resident of Las Colonias, stated that City representatives and Council Member Leal met with the neighborhood about the improvements made to prevent flooding in the area. Mr. Plazola said that the lives of the residents in the subdivision have been interrupted and destroyed. Mayor Pro Tem Chesney directed staff to place an item on next week's agenda regarding the Las Colonias subdivision. City Manager Escobar stated that after the meeting is adjourned, staff will stay in the Council Chambers to address the questions of the neighborhood. Council Member Kieschnick requested an update of the status of the presentation regarding the Nueces County Drainage District. Roland Garza stated that District 3 had been neglected for many years and Council Member Leal has worked to help support projects for that area. Mr. Garza asked that the Council assist the residents of the Las Colonias area and encouraged the residents to also address their state representative and county commissioners regarding the drainage in the area. Johnny French, 4417 Carlton, spoke regarding the funding for Packery Channel and the proposal to construct a protective children's play area on the northside of Packery Channel. Mr. French asked the Council to place an item on the agenda to approve construction of the protective children's play area and to name the proposed park after the child that died on the beach, Isaiah Perez. * * * * * * * * * * * * * Minutes — Regular Council Meeting September 21, 2010 — Page 7 There being no further business to come before the Council, Mayor Pro Tem Chesney adjourned the Council meeting at 1:15 p.m. on September 21, 2010. * * * * * * * * * * * * * a. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU — One (1) vacancy to represent the Regional Transportation Authority. DUTIES: To solicit various organizations and associations to conduct meetings /conventions/tradeshows within Corpus Christi year - round; to promote the City as a year -round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention- related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention- related businesses to assist City planning efforts. COMPOSITION: Eleven (11) members selected directly by the City Council. The members shall be representatives of the following groups: 2 - hotel industry; 2 -- attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex- officio non - voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex- officio advisory non voting members. Appointments will be for staggered, two -year terms. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. ** MEMBERS Nils Stolzlechner (At Large) Robert Tamez (At Large) John Trice (At Large) Art Granado (At Large) Butch Pool (At Large) Bill Morgan (Hotel Industry), Chair Jyoti Patel (Hotel Industry) Mark Schaberg (Restaurant Industry) Daniel Dain (Restaurant Industry) Tom Schmid (Attraction Industry) Michael Womack (Attraction Industry) *Eduardo Carrion (RTA representative) Michael Perez (Port of CC representative) Fred Segundo (C.C. International Airport) Mayor City Manager TERM 8 -01 -12 8 -01 -12 8 -01 -11 8 -01 -11 8 -01 -12 8 -01 -12 8 -01 -11 8 -01 -12 8 -01 -11 8 -01 -12 8 -01 -11 Ex- officio, non - voting Ex- officio, non- voting Ex- officio, non - voting Ex- officio, non- voting Ex- officio, non - voting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ORIGINAL APPTD. DATE 7 -28 -09 7 -18 -06 7 -18 -06 7 -18 -06 7 -18 -06 2 -13 -07 7 -18 -06 8 -12 -08 7 -28 -09 11 -11 -08 8 -12 -08 (Note: The Regional Transportation Authority is recommending the new appointment of Terence F. Klinger as the RTA Representative). Terence F. Klinger Manager of Purchased Transportation, Project Manager of Harbor Ferry Serves, Manager of Port Aransas Services and Manager of Paratransit Services, Corpus Christi Regional Transportation Authority. Activities include: BoldFuture, Destination Bayfront, Smart Growth Initiative, and Cornerstone Homeowners Association. (9- 15 -10) —12— 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/28/2010 AGENDA ITEM: RECOMMENDATION: Motion approving a supply agreement with the VWR International, Suwanee, GA, for laboratory chemicals and supplies in accordance with Bid Invitation No. BI -0178- 10, based on most advantageous bid, for an estimated annual expenditure of $77,229.88. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager, or his designee. The laboratory chemicals and supplies will be used by the Water Laboratory. Funding is budgeted and available in the Water Fund for FY 10/11. ISSUE: The water utilities laboratory requires laboratory chemicals and supplies in order to perform analyses for water, wastewater and storm water monitoring requirements of the Texas Commission on Environmental Quality (TCEQ). The water utilities laboratory also provides analytical services for several surrounding communities' water and wastewater monitoring requirements. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 Attachments Bid Tabulation BI- 0178 -10 BACKGROUND INFORMATION The option to extend the most current supply agreement was not exercised due to changes in the bid specifications. In July 2010 the City issued a bid invitation, which was published in the Corpus Christi Caller -Times and issued to ten potential bidders. Five bids were received. A. Daigger & Company, Vernon Hills, IL, is the only bidder not taking any exceptions to the bid requirements. However, A. Daigger & Company failed to bid on 113 line items. Additionally, when compared to like items bid by VWR International, VWR International is low by $60,924.72. VWR International has taken exception to the bid by adding a hazardous material handling charge of $25 to 28 line items contained within the bid. When these additional charges are combined with the base bid submitted by VWR International, VWR International's bid is not expected to exceed any of the other bids submitted. When compared to like items bid on the previous contract, pricing has decreased by approximately 11%. Instructions included in the bid package allows the City to "Consider and accept an alternate bid as provided herein when most advantageous to the City." The bid submitted by VWR International has been determined as the most advantageous bid. Bidders were instructed that it was the City's intent to award a single contract. Due to logistics in which the Water Department conducts their testing, it is crucial that an adequate amount of testing chemicals and supplies is maintained. Ordering from several companies could delay the necessary tests which may need to be performed if having to order from more than one company. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ELISA COVINGTON COUNCIL DATE: SEPTEMBER 28, 2010 BID TABULATION BI- 0178 -10 Laboratory Chemicals and Supplies VWR International Suwanee, GA Description Fisher Scientific, LLC Hanover Park, IL Thermal Scientific Corpus Christi, TX Spectrum Laboratory Products, Inc. Tuscan, AZ A. Daigger & Company Vernon Hills, IL Chemicals- ACS Grade $ 18,354.16 Incomplete 9,219.00 Incomplete 508.18 4,254.80 Incomplete 7,004.56 7,153.00 20,296.10 19,581.98 30,682.64 Incomplete $ 15,193.93 7,089.33 (2 487.69 4,907.03 17,061.92 100,956.94 15,060.59 Incomplete 7,399.97 29,981.51 Incomplete $ 15,253.61 Incomplete 3,435.32 Incomplete NO BID 1,572.56 Incomplete 905.76 Incomplete (2 8,820.12 19,533.04 NO BID 24,521.12 Incomplete NO BID NO BID NO BID 14,985.50 5,187.50 Incomplete 5,841.50 Incomplete 39,572.50 Incomplete 6,098.75 Incomplete 26,197.50 Incomplete 65 line items $ 12,211.46 Microbiological Media 18 line items 6,279.42 Microbiological Strains 9 fine items 641.99 Laboratory Supplies and Equipment 12 line items 4,542,59 Filters 9 fine items _ 4,638.36 Dishes /Pans 6Iine-Items 15,156.47 Glassware 20 line items 4,889.02 Pipettes and Pipette Tips 16 line items 4,749.49 Miscellaneous items 41 items _ 24,161.48 Total: $ 77,229.88 $ 117,054.42 $ 198,138.91 $ 74,041.53 $ 97,883.25 (1 (1 Pricing shown does not include 79 line items. When compared to like items bid by VWR International, VWR International is lower by $31,549.84. (2 Bidders were instructed that it was the City's intent to award a single contract. Due to logistics in which the Water Department conducts their testing, it is crucial that an adequate amount of testing chemicals and supplies is maintained. Ordering from several companies could delay the necessary tests which may need to be performed if having to order from more than one company. 4 AGENDA MEMORANDUM DATE: September 28, 2010 SUBJECT: Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar (BOND 2008) (Project No. 6491 / CIP No. ST 35) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $74,747 for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar. (BOND 2008) ISSUE: The construction contract for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar was awarded by Council on August 31, 2010 to Reytec Construction Resources Inc. of Houston, Texas. Construction material testing is necessary in order to properly construct the roadway. Mansheim & Helen improvements consist of the rehabilitation of Mansheim Boulevard from Gabriel Street to Kostoryz Road including the removal and replacement of existing street and all existing storm sewer, wastewater and water infrastructure. It also consists of the rehabilitation of Nesbitt Drive from McArdie Road to Gollihar Road including the removal and replacement of existing street and all existing storm sewer, wastewater and water infrastructure. FUNDING: Funding is available from the Streets, Storm Water, Water and Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P.E., Director of Engineering Services 361- 826 -3781 petean@cctexas.com Additional Support Material: Exhibit "A" Background Exhibit "B" Prior Actions Exhibit "C" Project Budget Exhibit "D" Location Map H: INOMEIKellyCAGENISTREETSN6491. ?Aoraboan Helm- Gabriel w Knanyajc Suairyb2o4 arGolikuilArge CoaalcuctionTea1mg12AGENDAMEMO ,doe AGENDA BACKGROUND INFORMATION SUBJECT: Mansheim & Helen -- Gabriel to Kostoryz and Sunnybrook to Gollihar (BOND 2008) (Project No. 6491 / CIP No. ST 35) CONSTRUCTION MATERIALS TESTING CONTRACT DESCRIPTION: In order to ensure that the Mansheim & Helen construction project is built properly, construction materials testing needs to be conducted. The proposed testing agreement is with Rock Engineering and Testing Laboratory, inc. of Corpus Christi in the amount of $74,747. It will consist of the following items: > Mansheim Blvd. (Utilities) • Mansheim Blvd. (Parking & Pave) • Nesbitt Drive (Utilities) > Nesbitt Drive (Parking & Pave) > Cylinder Pick -up Fees • Transportation Fees > Administration Fees TOTAL: $12,580.00 $15,807.00 $7,523.00 $18,315.00 $8,61 9.00 $11,845.00 $58.00 $74,747.00 The Mansheim & Helen project was bid in combination with another city project, Mansheim Area Improvements. Rock Engineering and Testing Laboratory, inc. will be conducting construction materials testing for that project as well for a contracted amount of $5,834. PROJECT DESCRIPTION: The construction contract for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar and Mansheim Area Improvements was awarded by Council on August 31, 2010 to Reytec Construction Resources, Inc. for the following: D PART 1: MANSHEIM & HELEN - GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLLIHAR (BOND 2008) (Project No. 6491): Consists of the rehabilitation of Mansheim Boulevard from Gabriel Street to Kostoryz Road including the removal and replacement of approximately 3,000 linear feet of 38' wide street and all existing storm sewer, wastewater and water infrastructure. It also consists of the rehabilitation of Nesbitt Drive from McArdle Road to Gollihar Road including the removal and replacement of approximately 2,600 linear feet of 28' wide street and all existing storm sewer, wastewater and water infrastructure. D PART 2: MANSHEIM AREA IMPROVEMENTS (Project No. 7397): Consists of the rehabilitation of approximately 14,850 linear feet of existing vitrified clay pipe (VCP) wastewater main by pipe bursting; installing approximately 1 ,200 linear feet of new gravity wastewater main; and rehabilitation and installation of manholes and replacement/extension of existing wastewater services. H ;IHOME1KeilyOSGENISTREETSS6491. Mansheim & Helen- Gabriel to Kostoryz & S nybrook to GonihartLarge ConsWctlon Testiny\3 BACKGROUND.doc GEOTECHNICAL SERVICES AND MATERIALS INSPECTION AND TESTING REQUIREMENTS: In order for a testing firm to enter into a contract with the City of Corpus Christi, they must meet minimum locally available geotechnical services and materials inspection and testing requirements. For materials inspection and testing, the firm must have available in -house equipment and employ qualified certified staff necessary to perform the work. Specifically for asphaltic concrete testing (which includes testing of asphaltic concrete material, base and subgrade), the firm must employ one professional engineer locally with a minimum of three years of experience in testing roadway construction materials and a minimum of one person locally with the proper Hot Mix Asphalt Specialist Certification (Level IA minimum). As part of this requirement, the City has given each local geotechnical consulting firm 6 months from March 2010 to meet the local engineer accreditation requirement. Rock Engineering and Testing Laboratory, Inc. meet the requirements. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A "' Page 2 of 2 H:1HOMEUCeilyaGENISTREETSt6491- Mansheim & Helen• Gabriel to Kosloryz & Su nybrook to Golllhartarge Construction Test1ng13 BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar (BOND 2008) (Project No. 6491 / CIP No. ST 35) PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. March 24, 2009 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $653,945 for Mansheim and Helen from Gabriel to Kostoryz, Sunnybrook to Gollihar, and Johnston Drive from McArdle to Sunnybrook for design, bid, and construction phase services. (BOND 2008) (Motion No. 2009 -069) 4. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) 5. August 31, 2010 — Motion authorizing the City Manager or his designee to execute a construction contract with Reytec Construction Resources Inc. of Houston, Texas, in the amount of $6,890,519.50 for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar (BOND 2008) and Mansheim Area Improvements (CIP FY 2010) for the total base bid for Part 1 and Part 2. (Motion No. 2010 -205) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 2. October 14, 2008 -- Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). EXHIBIT "B" Page 1 of 2 H:IHOMEEKeIly01GEN STREET516491- Mansheim & Helen- Gabriel to Kostoryz & Sunnybrook lo GdllharlLarge Construction Testlngt4 PRIOR ACTIONS.doc —24— 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. May 1, 2009 — Administrative approval of an Agreement for Geotechnical Engineering Testing Services with Rock Engineering and Testing Laboratory Inc. in the amount of $14,500 for Mansheim & Helen — Gabriel to Kostoryz & Sunnybrook to Gollihar. (BOND 2008) 5. January 11. 2010 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. in the amount of $48,500 fora total restated fee of $702,445 for Mansheim & Helen — Sunnybrook to Gollihar to remove the rehabilitation of Johnston Drive (Sunnybrook Road to McArdle Road) from the project scope of services and add the rehabilitation of Nesbitt Drive (Gollihar Road to McArdle Road) to the project scope, as well as add drainage improvements and street overlay improvements to Helen Street (Gollihar Road to Sunnybrook Road). (BOND 2008) EXHIBIT "B" Page 2 of 2 H :IHOMEIKeItyO1GENISTREETS16491- Manshelm & Helen- Gabriel to Kostoryz & Sunnybrook to Gollihartarge Construction TesUng44 PRIOR ACTIONS.doc —25— PROJECT BUDGET MANSHEIM & HELEN - GABRIEL TO KOSTORYZ AND SUNNYBROOK TO GOLLIHAR (BOND 2008) Project No. 6491 September 28, 2010 FUNDS AVAILABLE: Street CIP (Bond 2008) $3,245,000.00 Storm Water CIP $4,295,000.00 Wastewater CIP $1,070,000.00 Water CIP $1,371,000.00 Gas CIP $280,000.00 $10,261,000.00 FUNDS REQUIRED: Construction (Reytech Construction Resources, Inc.) $5,167,159.50 Contingencies 516,715.95 Consultant Fees: Consultant (RVE, Inc.) 452,545.00 Geotechnical Testing (Rock Engineering) 14,500.00 Construction Materials Testing (Rock Engineering) 74,747.00 Reimbursements: Contract Adminstration (Contract Preparation /Award /Admin) 116,261.09 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 180,850.58 Construction Observation Services 249,900.00 Finance Issuance 64,589.49 Misc. (Printing, Advertising, etc.) 25,835.80 TOTAL $6,863,104.41 FUNDS REMAINING: $3,397,895.59 EXHIBIT "C" Page 1 of 1 File : \ Mproject\ councilexhibits \exh6491- 7397.dwg AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT , R PROJECT LOCATION y CORPUS C.1fRT57f BAY LOCATION MAP NOT TO SCALE N N PROJECT #6491 VICINITY MAP NOT TO SCALE EXHIBIT "D" Mansheim and Helen - Gabriel to Kostoryz, Sunnybrook to Gollihar and Nesbitt Drive from McArdle to Gollihar BOND ISSUE 2008 27 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 oft DATE: 09-21-2010 NM 5 AGENDA MEMORANDUM DATE: September 28, 2010 SUBJECT: ADA Accessible Ramps along Staples Street from Leopard Street to Six Points (BOND 2004) (Project No. 6300) AMENDMENT NO.3 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Construction Materials Testing Agreement with Kleinfelder of Corpus Christi, Texas in the amount of $19,986.42 for a total restated fee of $67,961.42 for ADA Accessible Ramps along Staples Street from Leopard Street to Six Points. (BOND 2004) ISSUE: The construction contract for ADA Accessible Ramps along Staples Street from Leopard Street to Six Points was awarded by Council on January 20, 2009 to SLC Construction, L.P. of Conroe, Texas. Construction material testing is necessary in order to properly construct the project. The proposed amendment requests additional funds for added testing. The project plans and specifications did not state testing frequencies. Kleinfelder contacted the City's consultant, Martinez, Guy & Maybik (MGM), to clarify this. A testing frequency of one test per block was agreed upon. This frequency was used to establish the original testing budget. During construction the contractor's actual work sequence did not match the original work schedule provided to the City and relied upon Kleinfelder for estimating necessary testing quantities. The City inspection department decided that additional testing was warranted due to the non - contingent sequence of construction. The C ity inspection department then instructed the MGM representative to increase the amount of testing. This increase caused the original testing contract estimate to be exceeded. This section of Staples ADA improvements consist of the reconstruction of noncompliant sidewalks, driveways, and curb ramps as well as the construction of new sidewalks and curb ramps along both sides of this 1.7 -mile segment of Staples Street. FUNDING: Funding is available from the Street Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P.E., Director of Engineering Services 361 -826 -3781 petean ©cctexas.com Additional Support Material: Exhibit "A" Background Exhibit "B" Prior Actions Exhibit "C" Project Budget Exhibit "ID" Location Map IMEGME4JCellyO1GEN\STREETS163O0. ADA Sidewalk Accessibility Improvements aioag 3 4es-Ctreit from Leopard to Six Points \Sealing (Klemtelder)SAmendrtrnt No. 3 (Large)12 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: ADA Accessible Ramps along Staples Street from Leopard Street to Six Points (BOND 2004) (Project No. 6300) AMENDMENT NO. 3 AMENDMENT NO. 3 DESCRIPTION: In order to ensure that the Staples ADA construction project is built properly, construction materials testing needs to be conducted. The proposed amendment is with Kleinfelder in the amount of $19,986.42. It will consist of the following services: SERVICES QUANTITY UNIT FEE TOTAL Field Professional — Concrete 98 hours $49.00 $4,802.00 Field Professional — Soils 124 hours $49.00 $6,076.00 Soils over time 3.5 hours $73.50 $257.25 Concrete Cylinders 153 $21.00 ea $3,213.00 Nuclear Density Test 169 $26.00 ea $4,394.00 Vehicle Trip Charge 108 $37.00 ea $3,996.00 Project Management/Administration $2,273.82 Total $25,012.07 Less Credit for misapplied charges ($4,038.65) ($1,427.00) $19,546.42 Less unpaid balance on approved budget Adjusted Total Plus additional monies for project closeout if needed $440.00 AMENDMENT NO. 3 TOTAL $19,986.42 PROJECT DESCRIPTION: This Bond Issue 2004 voter - approved project implements part of the Americans with Disabilities (ADA) transition plan approved by the Mayor's Committee for Persons with Disabilities and City Council. Improvements provide for construction of ADA curb ramps in areas where street construction projects are not planned and address areas of greatest need for pedestrian street accessibility. This project is part of the Metropolitan Planning Organization (MPO) Transportation Improvement Program. The project consists of the reconstruction of noncompliant sidewalks, driveways, and curb ramps as well as the construction of new sidewalks and curb ramps along both sides of this 1.7 -mile segment of Staples Street. Other related work shall include replacing storm drainage curb and gutter sections, removing existing curb inlets and constructing new curb inlet structures, installing new underground drainage reinforced concrete pipes, realigning existing 6 ", 8", 12", and 16" water mains, relocating fire hydrants, adjusting manholes and valve boxes, providing trench drains underneath sidewalks, relocating traffic signal poles, installing new pavement markings, and maintaining traffic control devices and SWPPP control measures. All work must comply with TDLR requirements and the current requirements /standards of the Americans with Disabilities Act Accessibility Guidelines N:WOMEMeIly0\GEN15TREETS16300- ADA Sidewalk Accessibility Improvements along Staples Street from Leopard to Six PointsrTesting (K1einfelder]Wrendment No. 3 (large »3 t1ACKGROUND.doo —32— (ADAAG) and the Texas Accessibility Standards (TAS). GEOTECHNICAL SERVICES AND MATERIALS INSPECTION AND TESTING REQUIREMENTS: In order for a testing firm to enter into a contract with the City of Corpus Christi, they must meet minimum locally available geotechnical services and materials inspection and testing requirements. For materials inspection and testing, the firm must have available in -house equipment and employ qualified certified staff necessary to perform the work. Specifically for asphaltic concrete testing (which includes testing of asphaltic concrete material, base and subgrade), the firm must employ one professional engineer locally with a minimum of three years of experience in testing roadway construction materials and a minimum of one person locally with the proper Hot Mix Asphalt Specialist Certification (Level 1A minimum). As part of this requirement, the City has given each local geotechnical consulting firm 6 months from March 2010 to meet the local engineer accreditation requirement. Kleinfelder meets the requirements. PROJECT BACKGROUND: This project is part of the City's effort to comply with the ADA requirements. The project was identified and prioritized with the Mayor's Committee for Disabilities and coordinated with TXDOT and Regional Transit Authority to maximize resources. The project was included under the Bond Issue 2004 ADA Improvements City - Wide and in the FY 2009 CIP. This project is part of the $95 million Bond Issue 2004 package approved by voters on Tuesday, November 2, 2004. The projects are funded from ad valorem property taxes (a General Obligation Bond Issue) in Street Improvements, Public Health and Safety Projects, Public Facility improvements, Parks and Recreation /Museum Improvements and the Bayfront Master Plan Project. The projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. The program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the Americans with Disabilities Act (ADA). H: 1HONiEIKelIyOLGENNSTREETt31630 0- ADA Sidewalk Accessibility Improvements along Staples Street from Leopard to Six PolntsVresung (Kleinfelder}{Amendment No. 3 (large }13 BACKGROUND.doc —33— PRIOR PROJECT ACTIONS SUBJECT: ADA Accessible Ramps along Staples Street from Leopard Street to Six Points (BOND 2004) (Project No. 6300) AMENDMENT NO. 3 PRIOR COUNCIL ACTION: 1. April 17. 2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $100,168 with Russell - Veteto Engineering Inc. for sidewalk accessibility improvements. (Bond Issue 2000 Project C- 10) (Motion No. M2001 -141) 2. June 19, 2001 - Resolution authorizing the City Manager, or his designee, to execute a master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024478) 3. August 28.2001- Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024555) 4. November 10. 2004 -- Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 5. January 18, 2005 - Resolution authorizing the City Manager, or his designee, to execute an advance funding agreement with the Texas Department of Transportation (TXDOT) in the amount of $23,000 for construction of barrier -free ADA accessibility ramps at multiple locations on Staples Street from Leopard to Six Points. (Resolution No. 026109) 6. March 8, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Martinez, Guy and Maybik in the amount of $141,500 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for design, bid and construction phase services. (Motion No. 2005 -079) 7. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) EXHIBIT "B" Page 1 of 4 H :IHOME1KellyO \GEN%STREETS\6300- ADA Sidewalk Accessibility Improvements along Staples Street from Leopard to Six Points \Teslinp (Kleinfelder)Wmendment No. 3 (Large)14 PRIOR ACTIONS.doc —34— 8. January 20, 2009 - Ordinance appropriating $1,600,000 of anticipated revenues from the Texas Department of Transportation in the No. 3544 Street 2007A CIP Fund for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points project; changing the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $1,600,000; and declaring an emergency. (Ordinance No. 028028) 9. January 20, 2009 - Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $2,826,066.92 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. (Motion No. M2009 -015) 10. January 27. 2009 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advance Funding Agreement for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37 in the amount of $13,200, made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi. (Resolution No. 028034) 11. January 27, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Martinez, Guy & Maybik from Corpus Christi, Texas in the amount of $395,383, for a total re- stated fee of $578,603 for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37. (Motion No. M2009 -022) 12. January 20, 2010 — Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $81,297.92, for a total restated fee of $2,920,986.26, for concrete box culverts along Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) (Motion No. 2010 -008) 13. March 30, 2010 — Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 to the construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $105,079.68 for a total restated fee of $3,026,065.94 for ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points for additional work associated with utility conflicts. (BOND ISSUE 2004) (Motion No. 2010 -067) PRIOR ADMINISTRATIVE ACTION: 1. October 18. 2000 — Distribution of Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10. 2000 — Addendum No. 1 to the Request For Qualifications (RFQ) No. EXHIBIT "B" Page 2 of 4 H :IHOMEKCelly0 \GEN1STREETS16330- ADA Sidewalk Accessiblllly Improvements along Staples Street from Leopard to Six PolnislTesting {Kleinfelder)1Amendrnent No. 3 {Largey41 PRIOR ACTIONS.doc —35— 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10.2001- Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000- 08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. June 11, 2003 — Administrative approval of Amendment No. 1 to the engineering services contract in the amount of $11 ,590 with Russell- Veteto Engineering Inc. for a total restated fee of $111,758 for sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) 5. June 23, 2004 — Administrative approval of Amendment No. 2 to the engineering services contract in the amount of $750 with Russell - Veteto Engineering Inc. for a total restated fee of $112,508 for additional services associated with the sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) 6. June 25.2004 — Letter to Pat Veteto, P.E., of Russell - Veteto Engineering Inc. informing him that the City was electing to not proceed with the Staples Street segment of the sidewalk accessibility improvements project through his company. 7. October 12, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $41,720 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for additional storm water design work. 8. March 9 200 — Administrative approval of a Construction Materials Testing contract with Kleinfelder in the amount of $17,975 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 9. August 10, 2009 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $3,270 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for additional right -of -way acquisition survey work. 10. September 28, 2009 — Administrative approval of Change Order No. 1 with SLC Construction, LP in the amount of $4,545.25 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 11. October 26. 2009 -- Administrative approval of Amendment No. 1 to the Construction Materials Testing contract with Kleinfelder in the amount of $15,000 for a total restated fee of $32,975 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 12.October 30, 2009 — Administrative approval of Change Order No. 2 with SLC Construction, LP in the amount of $2,617.86 for ADA Sidewalk Accessibility EXHIBIT "8" Page 3 of 4 H:WOMEU(ellyO GENISTREETS16300- ADA Sidewalk Accessibility Improvements along Staples Street from Leopard to Six PointalTesting (Klelnfetder)Wnendment No. 3 (Large)u PRIOR ACTIONS.doc —36-- Improvements along Staples Street from Leopard Street to Six Points. 13. December 10. 2009 — Administrative approval of Change Order No. 3 with SLC Construction, LP in the amount of $6,458.31 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 14. February 25. 2010 — Administrative approval of Amendment No. 2 to the Construction Materials Testing contract with Kleinfelder in the amount of $15,000 for a total restated fee of $47,975 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 15. April 7, 2010 - Administrative approval of Change Order No. 5, a no -cost change order, with SLC Construction, LP in the amount of $0.00 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. 16.April 9. 2010 — Administrative approval of Change Order No. 6 to add 117 calander days to the construction contract with SLC Construction, LP in the amount of $0.00 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. EXHIBIT "B" Page 4 of 4 H :BIOMEtKe1lyO \GEN\STREETS16300- ADA Sidewalk Accessibility Inprovements along Staples Street from Leopard to Six PointstTesting (IQeinfelder)tAmendment No. 3 {Large)t4 PRIOR ACTIONS.doc —37— PROJECT BUDGET ADA ACCESSIBLE RAMPS ALONG STAPLES STREET FROM LEOPARD STREET TO SIX POINTS Project No. 6300 September 28, 2010 FUNDS AVAILABLE: Street CIP $1,885,022.57 TxDOT (Advance Funding Agreement) $1,600,000.00 Storm Water CIP $317,687.04 Water CIP $273,661.44 Wastewater CIP $6,600.00 $4,082,971.05 FUNDS REQUIRED: Construction (SLC Construction, LP) $2,826,066.92 Contingencies 82,607.69 Change Order Nos. 1 - 7 199,999.00 Consultant Fees: Consultant (MGM, original contract & Amd. Nos. 1 - 3) 581,873.00 Consultant (RVE, Inc., original contract & Amd. Nos. 1 & 2) 112,508.00 Construction Materials Testing (Kleinfelder, original contract & Amd. Nos. 1 & 2) 47,975.00 Construction Materials Testing (Kleinfelder, AMENDMENT NO. 3) 19,986.42 Reimbursements: Contract Adminstration (Contract Preparation /Award /Admin) 63,586.51 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 98,912.34 Construction Observation Services (Included in MGM Consultant contract) 0.00 Finance Issuance 35,325.84 Misc. (Printing, Advertising, etc.) 14,130.33 TOTAL $4,082,971.05 FUNDS REMAINING: $0.00 EXHIBIT "C" Page 1 of 1 File : \Mproject \councilexh \6300e.dwg NUECES BAY CORPUS CHRISTI BAY PROJECT # 6300 LOCATION MAP NOT TO SCALE FLOUR BLUFF EXHIBIT "D- ADA SIDEWALK ACCESSIBILITY IMPROVEMENTS ALONG STAPLES STREET FROM LEOPARD STREET TO SDC POINTS (BOND 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09 -28 -2010 111111Er MME - 6 AGENDA MEMORANDUM Citv Council Action Date: September 28, 2010 SUBJECT: Garcia Arts Education Center Parking Lot Improvements (Project No. E 10029) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Alcorn Commercial Construction of Corpus Christi, Texas in the amount of $119,109.40 for Garcia Arts Education Center Parking Lot Improvements for the "Buy America" Option 1, Total Base Bid plus Additive Alternate No. 2 and No. 3. (CDBG -R) ISSUE: The project was developed with an Alternate A — "Buy America" and an Alternate B -- "Lowest Cost ", each including an Option 1 (asphalt) and 2 (concrete) with a Base Bid plus Additive Alternate Nos. 1, 2 and 3. The parking lot expansion was needed to accommodate the many activities engaged in by the Garcia Arts Education Center as well as the daily needs of the new Marguerite Center which will be located adjacent to the subject property and will share the driveway and provide an alternate exit from the parking lot onto 18th Street. The project has been in the development stage for many years with several issues to be resolved including mitigation of soil contamination and funding. Monitoring wells have been installed to address the environmental concerns and to continually monitor aspects of the area. This project has the support of Texas A &M University of Corpus Christi, South Texas Institute for the Arts, West Side Business Association, Neighborhood Centers of Corpus Christi and Garcia Art Education Center. FUNDING: Funding is made available from a Community Development Block Grant (CDBG) — Recovery (R) Program project, in addition CPLIBright Biz - Direct Energy, a CDBG -R project, relinquished their funds in the amount of $70,000 which is being made available to the Garcia Arts Education Center Parking Lot Improvements project. RECOMMENDATION:, Staff recommends approval of the motion as presented. E die Ortega Director of Neighborhood Services 361 - 826 -3234 eddieo@c texas.com Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 petean@cctexas.com Additional Support Material: Exhibit "A" Background information Exhibit "B" Prior Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map II: HOME\Ke1fyatGHNtSTREETS\Ei0629- Garcia Arts Education Canter Perking Lot Ir rovertenta\Conspuctio"\2 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Garcia Arts Education Center Parking Lot Improvements (Project No. E10029) PROJECT DESCRIPTION: The project consists of parking lot improvements which will include demolition of existing pavement, site grading, embankment, geogrid, flexible base material, hot mix asphaltic concrete pavement, 6" concrete curb, header curb, sidewalk, pavement markings, and landscaping. CONTRACT TERMS: The project is estimated to require 45 calendar days, with completion anticipated in November 2010. BID INFORMATION: The project was developed with an Alternate A — "Buy America" and an Alternate B — "Lowest Cost ", each including an Option 1 (asphalt) and Option 2 (concrete) with a Base Bid plus Additive Alternate Nos. 1, 2 and 3. Additive Alternate No. 1 — Additional Entrance Additive Alternate No. 2 — Additional Parking Area (2 regular parking spaces and 2 accessible) Additive Alternate No. 3 — Additional Parking Area (15 regular parking spaces) On July 7, 2010, the City received proposals from two (2) bidders (see Exhibit "C" Tabulation of Bids). Below is a table showing the bid range for the Base Bid. The estimated cost of construction is $83,935 for the Base Bid. As required by law, due to Federal funding, in order for the Lowest Cost Alternative to be awarded, the bids would have to be 25% lower than the Buy America Alternative. The low bid is approximately 28.1 % higher than the estimated cost of construction. The high cost of the bid can be accredited to their only being two bidders interested in a project of this size. Due to the small quantities, the unit prices were significantly higher than anticipated from recent projects of larger scale. RECOMMENDATION: The City's consultant, LNV Engineering and City staff recommend a contract be awarded to Alcorn Commercial Construction in the amount of $119,109.40 for Garcia Arts Education Center Parking Lot Improvements for the Total Base Bid plus Additive Alternate No. 2 and No. 3. Additive Alternate No. 1 is not recommended for award because it will be included as part of the Marguerite Center improvements. PROJECT BACKGROUND: On October 27, 2009, City Council authorized Community Development Block Grant — Recovery (CDBG -R) funding to the Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place, Coastal Bend Center for Independent Living, CPL/Bright Biz Direct Energy, Nueces County Mental Health Mental Retardation, Neighborhood HAHOME1dCe0y01GE PSTREET51B 10029 - Garcia Arts Education Canter Parking Lot Inprour44Cansnuction\3 AGENDA BACKGROUND.DOC Option 1 (asphalt) Option 2 (concrete) Alternate A — Buy America $107,524.90 to $137,501.95 $129,570.40 to $147,093.05 Alternate B — Lowest Cost $105,248.45 to $137,501.95 $126,67735 to $147,093.05 The estimated cost of construction is $83,935 for the Base Bid. As required by law, due to Federal funding, in order for the Lowest Cost Alternative to be awarded, the bids would have to be 25% lower than the Buy America Alternative. The low bid is approximately 28.1 % higher than the estimated cost of construction. The high cost of the bid can be accredited to their only being two bidders interested in a project of this size. Due to the small quantities, the unit prices were significantly higher than anticipated from recent projects of larger scale. RECOMMENDATION: The City's consultant, LNV Engineering and City staff recommend a contract be awarded to Alcorn Commercial Construction in the amount of $119,109.40 for Garcia Arts Education Center Parking Lot Improvements for the Total Base Bid plus Additive Alternate No. 2 and No. 3. Additive Alternate No. 1 is not recommended for award because it will be included as part of the Marguerite Center improvements. PROJECT BACKGROUND: On October 27, 2009, City Council authorized Community Development Block Grant — Recovery (CDBG -R) funding to the Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place, Coastal Bend Center for Independent Living, CPL/Bright Biz Direct Energy, Nueces County Mental Health Mental Retardation, Neighborhood HAHOME1dCe0y01GE PSTREET51B 10029 - Garcia Arts Education Canter Parking Lot Inprour44Cansnuction\3 AGENDA BACKGROUND.DOC Center of Corpus Christi, Inc. and Westside Business Association for the Garcia Arts Education Center Parking Lot Improvements. On June 17, 2010, CPLIBright Biz Direct Energy relinquished $70,000 of CDBG -R program funds from their project which makes $70,000 of CDBG -R funds available to another CDBG -R project. The Garcia Arts Education Center Parking Lot Improvements project went out for bids and based upon the two (2) packages received, the project needs additional funding to cover the Base Bid plus Additive Alternate No. 2 and No. 3. This project will add 37 regular parking spaces and 6 accessible parking spaces. These parking spaces will be available for mutual use by the Neighborhood Centers of Corpus Christi, Inc. /Marguerite Center which is located at the corner of Marguerite and 18th Streets. EXHIBIT "A" Page 2 of 2 H:SEOME KellyO\GENISTRERTS\E10629- Garcia Arta Education Canter Parking Lot Improven4arDeernsmictiorea AGENDA BACKGROUND.DOC PRIOR PROJECT ACTIONS SUBJECT: Garcia Arts Education Center Parking Lot Improvements (Project No. E10029) PRIOR COUNCIL ACTION: 1. ApriI15, 2008 - Resolution adopting the FY 2008 -FY 2012 Consolidated Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 -FY 2012 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes in the FY 2008 -FY 2012 Consolidated Plan if required by HUD. (Resolution No. 027663) 2. April 13, 2010 - Resolution adopting the FY 2010 Consolidated Annual Action Plan, which includes the CDBG, ESG and the HOME Programs; authorizing the City Manager or his designee to submit the FY 2010 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or designee to make changes in the FY 2010 Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban Development. (Resolution No. 028568) PRIOR ADMINISTRATIVE ACTION: 1. March 31, 2010 - Administrative approval of a Small Agreement for Architect/Engineer Consultant Services with LNV Engineering in the amount of $7,700 for Garcia Arts Education Center Parking Lot Improvements. H:\ HOMEIKeltyO\GENLSTREETS\Et0029- Garcia Arts Education Center Parking Lot Improve menralConstruetionl4 PRIOR ACi'IONS.doc -46- EXHIBIT "B" Page 1 of 1 2 6 W (11 A = a am O 0 0 ZU oU 2 Z u. 0 �w F Z W z 2 W 0 z Ww 0 2 Q ap 0 to a) a. o m N w �. = D 0 I- Garrett Construction Co. _. . P.O. Box 1028 Ingleside, TX 78362 0 $ IO r I- 63 0 0 (0 A 0 0� O � of 64 0 O dd�33 0 (D O 10P uy d4 010 O N -(0100, 49 I0 3. 0 10 r- 1 $12,351.001 O r a0 1 $1.390.251 O 10 0 D 1 $258.401 0 p (�i vi E $32.226.251 (O N r 'V'N fffR3 0 r 0i T 69 O N ('1 $1.175.201 IA � T 0? T iNATE A - "BUY AMERICA" OPTION 1 - ADDITIVE 4NATE NO. j (ADDITIONAL ENTRANCE) $1,206.25 $1.443.751 0 (D pippp (8 _ 0 CO �. N 60041004 0 CO 11) 0 co �.. $1,003.601 O N [Q N r . N 01 '0 $1,372.80 - .7 (�p0p� (0b ff O It ti UNIT PRICE i p OcfC 1(1 r(R — 64 111 pp 0 r 69 66r NC0n10pccoo00 N 69 01 r 64 .t r FR � 64 co CO 64 (p U9 1_ _ $278.051 pp )O Uri N 64 op (OA(y N4 rlNti.- 0 — (0 N NN 2 0 100 64 0) N. N 69 (00 ai O) N64 coo((C 0) (R r r 64 1ri 64 $14.15 (00100 (0 r 64 (0 r 64 ala 0) 64r or rt G ( 64 ct ni M r (4 1 $15.47 $27.40 Alcom Commercial Const. 1214 S.P.I.D. Ste. 101 Corpus Christi, TX 78416 AMOUNT ASE BID 0m0 Ul 0^N a00)r (7 64 (� Vi O1 64 1 $1,088.701 It9r41ri0(9S O)0 Nab (O r 0 0)000)0 A 1ri 64 0)a01ri O)� 69 r0 CO 64 (V 69 $1,204.00 00000 00000 0001-0 Aco(.(0(0 r 69 (7 e' 64 N S 0 0 n $1.300.00 le my O v. if)LO�{OC Nrp4(o0 r a00)r1C�NA CO CO (R (0 CO (OAN r .0 64 69 a, )DITIVE Al 0 (0 A co 69-61 4 O (0 0 OD co 64 8' C CO O .. 64 u; S N 0 10 C01r1 r E9 UNIT PRICE SO)10(�p,OA 41fi9(REa oo V! pp $12.80 0��10Ap co 64 N. 64 $52.00 MOOOOOOS 60400000 a 64 AA pp CO M (4 p S O 4 , pp O 00 N 69 $325.00] Sm40SS 609669aNN 69 1,-,U2 �40p], tA(0 OD S 64 O r ui 64 04 a2 �Sy S GARCIA ARTS EDUCATION CENTER PARKING LOT IMPROVEMENTS ProJect No. E10029 CO J (n�Vy�JJ(iyi/�IA1J�cI,JJUjJ Y u.u. >- u.Q u. Qu) Q 02 la W §ar:i 6QQQ� W W ITOTAL BASE BID - ALT. A - OPTION 1 ! 0) Y CO r �aLL JJ !TOTAL ADDITIVE ALTERNATE NO.1 - ALT. A - OPTION 1 I CO 0) VJ JJ u+ 1352 1 1352 W m g 107 ti pp l0 r r A r N cm r 3 pp(p 10 M a a e} O q DESCRIPTION Mobilization, Bonds and Insurance 16" Flexible Base Material !Prime Coat f0.15 Gal/SY) V 1 iv 16" Header Curb 6" Curb and Gutter 6" Monolithic Curb and Gutter 8" Concrete Pavement A-1014" Concrete Sidewalk A-11 Concrete Bollard IA.12 ICedar Fencing and Gates c9 ca 0 01! d co c c �a11 c 1 A -151 Landscaping N cu d c o o 8 n ooC c o) 4 � 5�i� C7 • a 2 _� ip Prime Coat 2" HMACP 6" Curb and Gutter Laydown Curb qua C7 6" Flexible Base Material Prime Coat 2" HMACP e c 5 10 c0 a Ca U iL aD a a N aa � Z OS as 2122 dNa ci _47_ E co io Q. vi 1• 0. 2 r N 2 6 �s co` QC E e £ g o EXHIBIT "C" Page 1 of 5 43 69 Ji w N � I 2 U i N a 1 a � 0 a0 ; 1L O} C zU o, Z n re C Cw HZ E5 u LL I- y wE CL co w IL 0 w 0 W Li C 03 N z 1-Q ruar Iran tN INEER Garrett Construction Co. P.O. Box 1028 Ingleside. TX 78362 OO0001v: N�Ip1f1 :O47 dg6 �y �; 0.404 !f1 Ep �t O [ALTERNATE A - "BUY AMERICA" OPTION 2 - BASE BID 1 OcoOIO+O0"IMORItO001 INO 6464664 tiO.iN2tp70N0in0(9 ee}} 6961., tpp9oo [O�]O(� Or GO 69 p OMI G t w i88 ;" - O M f0 266 I SY 1 $6.501 $1,729.00 510.201 IOI Ti kp 34 GAL. 510.00 5340.00 $4.75 228 SY 1 515.00 53,420.00 513.30 27 1 LF 1 $22.501 $607.50 515.55 J L. ADDITIVE ALTERNATE NO. 3 - ALT. A - OPTION 1 $8,834.60 - 8G8'44 to SD dg M 69 Gppp ■ (fl 64 64 -� NeA N V! $23.45 $257.80 v1O�O Orr .- 69 - 669 KM ei , (OD- (0C'f9 � N fR 88 • fll tR • ••• .•• wn.. ,wear Alcorn Commercial Const. 1214 S.P.I.D. Ste. 101 Corpus Christi, TX 78416 II=1 AMOUNT $2,749.90 0000858 Lo( 64�ti1ff1N69�(9a (()1ot�+�i °o°OS$8 -m o N69M 88 N r! AL RNATE TE A - "BUY AMERICA" OPTION 2 - ADDITIVE 88 0° N ALTERNATE A - "BUY AMERICA" OPTION 2 - ADDITIVE ALTERNATE NO. 2 ADDITIONAL PARKING AR 1 $3.625.00 X00 �d� $5.351 88.88888 3. a IDb(0 669 w 18 f8 0,1 69 .02 fA 88 vi n GARCIA ARTS EDUCATION CENTER PARKING LOT IMPROVEMENTS Project No. E10029 CO {» J CO CO L1J J J UJ J W J 11,1 C co JAL BASE BID - ALT. A - OPTION 2 J J ITOTAL ADDITIVE ALTERNATE NO. 1 - ALT. A - OPTION 2 I 1273 f SS !6" Flexible Base Material Prime Coat 2" HMACP i (0 I Parking Striping 8 g C n C CO b S C 2 ' fi" Concrete Pavement 6" Monolithic Curb and Gutter 1F Concrete Pavement 4" Concrete Sidewalk Concrete Bollard Cedar Fencing and Gates Parking Striping Adjusting Monitor Wells 0 3. Car Stops � SEP� 13-2 I6" Monolithic Curb and Gutter B-3 Monolithic Laydown Curb 30 g 2 � 4a4aCC 4cC °' a44Ra,k � r1 � • Garrett Construction Co. -� P.O. Box 1028 Ingleside, TX 78362 AMOUNT O cp itt N .(DQ 0 to 4,137.551 ALTERNATE A - "BUY AMERICA" OPTION 2 - ADDITIVE ALTERNATE $O,,; (ADDITIONAL PARKING AREA) �uDTM 0 co D co 01 r r 'ALTERNATE B - "LOWEST COST" OPTION 1 - BASE BID Ooov. 11)1000 - r � 1 t� 44 1h CO a UUSS I $15,530.601 066006000 CV Imo. dim 101.. � 1 '0 VS - N r 600000 0 CO Y! C ) r 49 If? 0 r V! CC t !H � di 1 $32.226.251 Nq r0) ! N 4 NN N10 0 � w 0 ,1.: In () 1 iNATE B - "LOWEST COST" OPTION 1 - ADDITIVE INATE NO. 1 IADDMONAL ENTRANCE! Lfl ON f!! $11.551 $1,443.75] UNIT PRICE N aLo 07 V► z,- O ., Vl aD0, E 1R?�Pp9 M01 f9 t9 S8O r49r ' N VG Op to C0u r 10. -1- 40 �1�yy 1r) 69 $14.651 S c(0 to 0�), 01i8]' 49 N CJ 40 FR CS 10+� cc: rr L $32,226.25 :1 0 1CJO 40 p -� N r ill OOD6 Y7� 0 GO CV Alcom Commercial Const. 1214 S.P.I.D. Ste. 101 Corpus Christi, TX 78416 UNIT PRICE I AMOUNT $45.001 $4,680.001 O 19 100'094$ 1100'055$ Imow p o 8 OCGco WDr 49 8 8 49 1 $1,08870] g8N�OprN g00rg.4 NA9rC ,, 49 :4 404.0 19, 49 81,875.00 $1,204.00 00'001$ $1,600.00 8. OAO t- .7, Op8p CO 0 pp8 C')M 8 $105,248.451 O8o 000 NNLO 1. to e9 0 p W N $981.25 oo00iAO°wart o (0 co fa ui to 69 ui vi fi G-� co $16.25 p 8 CO ul CR17. Vl0 p u) M ooc�+g$g ao NN 49 co ro • p 10 p o U. $2,150.00 $325.00 000 6 Xa(0 o d to 1°00 `19°uJ i` CN GARCIAARTS EDUCATION CENTER PARKING LOT IMPROVEMENTS Project No. E10029 z JJ TOTAL ADDITIVE ALTERNATE NO.2 - ALT. A - OPTION 2 1 D -1 16" Concrete Pavement j 228 N1 ' D-2 16" Monolithic Curb and Gutter 1 27 1 LF 1 .- c a corn d �., TOTAL ADDITIVE ALTERNATE NO. 3 - ALT. A - OPTION 2 _nw 1 gJJJUi)cou, �W��� uW L BASE BID - ALT. B - OPTION 1 r .- 1352 1352 G1 1273 333 Oti10.1.r 'sr rPr NGt N r Mobilization, Bonds and Insurance . C7_ia 'C to 2 S i (Prime Coat 12" HMACP 6' Header Curb 6" Curb and Gutter 16" Monolithic Curb and Gutter 8" Concrete Pavement 14" Concrete Sidewalk 1 _. � U 'Cedar Fendng and Gates c .a c 4 IAdlusting Monitor Wells (Landscaping as a e aff u2 co co 4 DESCRIPTION 16" Concrete Pavement 6" Monolithic Curb and Gutter Parking Striping -� r 1 B-2 16" Fieidbie Base Material 1 a a a a a a t0P R aaa4444<, co 4a co N o, mC 12 r N 6 M 6 —49— 2 1u to 2 U N O d V CI O 0 �_ z W 0 EL Po 2 J A CC 0 Hz tu w u. 0 z8 w� 0. CO aw1u5 2 0 ui a0 m 7 I- a < —50— 0000 f0fdmoR 9-..-NI � vt .. 0 g ,jj A IDDITIVE $1,003.60 $1,123.20 s7a_nn 0u^ IOD IN IM 4 0 �ap0 r1[j9r03 Itpw W'1 • 00001 i ce. N 0r - N et u00 0E�p =S� - V' Of 49 Fl 0 u0'i fD 0 Rat O 0 A N 'ALTERNATE B -"LOWEST COST" OPTION 2 - BASE BID `O,t0D00CDCDCDulgpCDC2030, 01 49 n�� O14?NaO 3, N4 �r iN MONl�Or r 4y pp �� Ni ci N M M N Y! Garrett Con: P.O. Bc Ingleside, UNIT PRICE I $6.50 $676.00 $9.65 $7.85 $816.40 $10.80 $10.00 $160.00 $4.75 515.00 $1560.00 $13.20 _ $22.00 _. - $990.00 $15.47 OtpOOY]0NOt9010Ill Ni9 f0 iF} d9 d4 �pY11. to fa r �oN7 r Y! cD 4R - M r ER =8 - $5,357.751 ° m� O =S 888'4'888 N �ODDOQi M d4�tH19 N9N N N 58,994.75 $5.732.10 rkr 01c ..,.-9.:W i9 yy�ppgSSS IA N. r if}a 71/no .0 61 do C N Alcorn Comm 1214 S.P.I. Corpus Chri: UNIT PRICE 88 do a a $20.00 $19.00 $550.00 $6.501 irr - 888 � L 0 Y9 $50.25 $4.95 8888888 m � 'wawa, O is iR C p O TOTAL ADDITIVE ALTERNATE NO. 1 - ALT. B - OPTION 1 QJ • 2411 CV ITOTAL ADDITIVE ALTERNATE NO. 3 - ALT. B - OPTION 1 . ). u_ >. LL !14 LL CO 5C d 5( GO O C O v.�- +- N�lry4rsr tiAv. .-l.r GARCIAARTS EDUCATION CENT' PARKING LOT IMPROVEMENTS Project No. E10029 DESCRIPTION Boa C7 ESi '6- curb and Gutter ,Laydown Curb (ieognd 6" Flexible Base Material Prune Coat 2' HMACP 6" Curb and Guter i 16" Flexible Base Material $ E 16' Curb and Gutter " !Mobilization, Bonds and Insurance 6" Concrete Pavement 6' Monolithic Curb and Gutter 8' Concrete Pavement 4' Concrete Sidewalk a�� 'Cedar Fencing and Gates ��s$ ro c� E Q2 s3 S �a oQ . ' .k4 4 —50— 2 rn !ll vi Alcom Commercial Const. Garrett Construction Co. S.P.I.D. Ste. 101 P.O. Box 1028 Corpus Christi, TX 78416 Ingleside, TX 78362 m C N i+J O 19 '4 as O 0 r C�hy CC�9 t O W $812.00I �Q in as p N 10 o1. ocro c~ 7 O N. let co u rrrj 4,137.55 ALTERNATE BN - "LOWEST COST" OPTION 2 - ADDITIVE EI ATE NO.3 IADDIiIONAL�pRKING AREAL 4 co 8 co e9 Lo 0 49 PI 11,131.251 AMOUNT UNIT PRICE $5,692.00 C CO vs �$1,300.001 $293.101 $126,677.35 iNATE B - "LOWEST COST" OPTION 2 - ADDITIVE - - ?MATE NO. i (ADDITIONAL ENTRANCE( CO X t" $14.001 TOTAL BASE BID 1 $107,524.90 H 0 ��� Cam CO uc+t 0 `TOTAL ADDITIVE ALTERNATE NO. 3 $8,834.80 0 � CO COcI O !TOTAL ADDITIVE ALTERNATE NO. 1 $5,357.75 (TOTAL ADDITIVE ALTERNATE NO. 2 $2,772.40 TOTAL ADDITIVE ALTERNATE NO. 3 $8,767.10 04 0 N I $522.00 - - co ADDITIVE EA) r�0} O.9-1�0p 63 0 0 0 Ot T N .. UNIT PRICE Op CN N PI a69 69 p `~ 8 _ °8p Mai c°n 4 OOp c'oi�°n co GARCIAARTS EDUCATION CENTER PARKING LOT IMPROVEMENTS Project No. E10029 Z M rEMS Q , Q li!to LTO_TAL,BASE BID - ALT. B - OPTION 2 11)JJ TOTAL ADDITIVE ALTERNATE NO. 1 -ALT. B - OPTION 2 0) J J ITOTAL ADDITIVE ALTERNATE NO. 2 - ALT. B - OPTION 2 cp.JJ {� TOTAL ADDITIVE ALTERNATE NO. 3 - ALT. B - OPTION 2 c V a o N N D-1 16" Concrete Pavement 1 228 D-2 16" Monolithic Curb and Gutter 1 27 D-3 jPartdng Striping 1 -- 1 - - I DESCRIPTION C C 0 N11 Q.' J 6" Concrete Pavement 16" Monolithic Curb and Gutter 1Monolithic Laydown Curb 1 6" Concrete Pavement 6" Monolithic Curb and Gutter 0 d. GQ M •gt_ • a m di Gb U c5 C5 -5 1 - } 2 2 OPTION 2 co Cpl OM C N 1 4,137.55 1 an _ r NOLLdO C�hy CC�9 t 4,137.55 1 ro N r. r I- O O. o o1. ocro c~ 7 co � r.- o co N a PI z 0 0 u o (0 1 5,761.801 to 0 co N Lo 0 49 PI - Al O et c) T-. $5,692.00 N...! 0 0)0P $11,180.00 OPTION LO e1, 0( 0 ri u9 O 1C� e�� w 0 O q N" a ALTERNATE A - "BUY AMERICA" OPTION 1 TOTAL BASE BID 1 $107,524.90 ITOTAL ADDITIVE ALTERNATE NO. 1 $5.509.75 1 ITOTAL ADDITIVE ALTERNATE NO. 2 $2,749.90 `TOTAL ADDITIVE ALTERNATE NO. 3 $8,834.80 ALTERNATE B - "LOWEST COST" OPTION 1 TOTAL BASE BID $105,248.45 !TOTAL ADDITIVE ALTERNATE NO. 1 $5,357.75 (TOTAL ADDITIVE ALTERNATE NO. 2 $2,772.40 TOTAL ADDITIVE ALTERNATE NO. 3 $8,767.10 4 of 0 ar s- r z,,� F, N O �z 4 a° 0+ W Ca ea w th 2m O V PROJECT BUDGET GARCIA ARTS EDUCATION CENTER PARKING LOT IMPROVEMENTS September 28, 2010 FUNDS AVAILABLE: Original Budget Revised Budget CBDG - R Funds Original Budget $ 100,000.00 $ 100,000.00 Additional Funds: CBDG - R extra available funds 0.00 48,843.48 TOTAL FUNDS AVAILABLE $100,000.00 $ 148,843.48 FUNDS REQUIRED: Consultant (LNV Engineering) 7,200.00 7,700.00 Construction Base Bid 83,935.00 107,524.90 Additive Alt #1 0.00 0.00 Additive Alt #2 0.00 2,749.90 Additive Alt #3 0.00 8,834.60 Construction Total (Alcorn Commercial, Inc.) 83,935.00 119,109.40 Contingency (10 %) 5,000.00 11,910.00 Testing (3.5 %) 2,300.00 4,170.00 Inspection (City Forces - 3.5 %) 0.00 4,170.00 Misc (Printing, Adv, etc) 800.00 1,784.08 Total $99,235.00 $148,843.48 EXHIBIT "D" Page 1 of 1 1 Mproject\ councilexhibits\exhE10029.dwg Garcia Arts Education Center Parking Lot improvements Agnes St, & 18th St, Garcia Arts Education Center Parking Lot improvements 59 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of I DATE 08/02/2010 itii vrrt+ 7 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: September 21, 2010 First reading ordinance amending Chapter 14 "DEVELOPMENT SERVICES," Article XIII, "DEVELOPMENT SERVICE FEES ", Division 4, "PLATTING ORDINANCE FEES ", Section 14 -1341, Platting ordinance fees ", and Chapter 55, "UTILITIES ", Article V, "TAPS AND CONNECTIONS ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees; and providing for severance. ISSUE: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually indexed to the Construction Cost Index published in Engineering News Record magazine. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Juan Perales(Jr., P.E. Assistant City Manager Engineering & Development Services JohnnyP @cctexas.com (361) 826-3828 H:1PLN- ❑IRISPECIAL SERVICESIPLATSICOUNCIL MEMOSIOSD FEE INCREASES CONSTRUCTION INDEX.2010.000NCIL AGENDA MEMO.DOC -57- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually adjusted to reflect the corresponding change in the Construction Cost Index published in the Engineering News Record magazine. This cost index factor is a composite nation wide factor based on detailed construction cost surveys for 20 major cities throughout the United States. The published annual change in the composite construction cost index for August, 2010 is +3.4%. Components of this cost index increase from August, 2009 to August, 2010, include +3.2% for construction labor and +2.3% for construction materials. EXHIBIT A 14:1PLN- DIRISPECIAL SERVICESIPLATSICOUNCIL MEMOSIDSD FEE INCREASES CONSTRUCTION INDEX.2010.000NCIL AGENDA MEMO.BKGRND JNFO.DOC Page 7 of AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII "DEVELOPMENT SERVICE FEES" DIVISION 4 "PLATTING ORDINANCE FEES," SECTION 14 -1341 "PLATTING ORDINANCE FEES," AND CHAPTER 55 "UTILITIES," ARTICLE V "TAPS AND CONNECTIONS," SECTION 55 -70 "ADOPTION OF RULES, REGULATIONS AND WATER AND GAS FEES," AND SECTION 55 -71 "SEWER TAPPING FEES" OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE OR ESTABLISH FEES RELATED TO PLATTING FEES AND TAP FEES; PROVIDING FOR SEVERANCE AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 4 "Platting Ordinance Fees," Section 14 -1341 "Platting ordinance fees" of the Code of Ordinances is amended to read as follows: Sec. 14 -1341. Platting ordinance fees. This division sets the amounts of the fees required by the platting ordinance. TABLE INSET: PLATTING ORDINANCE FEES AMOUNT OF FEE Platting application Type 1 or IA < 1 acre $171.00 Type I or IA 1 >= 5 acres $341.00 Type 1 or IA > 5 acres $554.00 Type 11 or IIA < 1 acre $512.00 Type 11 or IIA 1 >= 5 acres $792.00 Type 11 or 1IA > 5 acres $896.00 Type 111 or ILIA < 1 acre $685.00 Type III or IIIA 1 >= 5 acres $685.00 Type 111 or IIIA > 5 acres $685.00 Application to extend a plat $38.00 Application to plat single lot subdivision by Engineering Services $60.00 Deposit for review of deed or surveyor field notes $50.00 H:1 LEG- DIRIShared\LEGAL- DEV.SVCS12010 Agenda19- 21 \Development Fees\DSD Fee Increases Construction Index.2010.Ordinance.DWB Final.doc —59— Page 2 of 7 Hardship variance application fee $160.00 Platting appeal application fee $50.00 Participation agreement $610.00 Deferment agreement fee $1,087.00 Utility easement by separate instrument fee . $249.00 Infrastructure trust fund lot & acreage fees Lot fee for water infrastructure $338,00 349.00 Acreage fee for water infrastructure $1,354.00 1.400.00 Surcharge for water infrastructure $0.00 Lot fee for water infrastructure for single - family or duplex $171.00 177.00 Acreage fee for water infrastructure for single - family or duplex $67-6,00 699.00 Surcharge for water infrastructure for single - family or duplex $ -A9 236.00 Water distribution line front foot pro rata fee $9.90 10.24 PlIC water tap fee $480.00 PIIC lot fee for water infrastructure $480.00 PIIC acreage fee for water infrastructure $1,200.00 Lot fee for wastewater infrastructure $00 382.00 Acreage fee for wastewater infrastructure $1,478.00 1.528.00 Surcharge for wastewater infrastructure $260.00 269.00 Collection line front foot pro rata fee $11.46 11.85 Lot fee for storm water infrastructure $0.00 Acreage fee for storm water infrastructure $0.00 Surcharge for storm water infrastructure $0.00 Front foot pro rata charge $0.00 Request for lot/acreage fee exemption determination $60.00 Reimbursement agreement $535.00 Recording fees City's actual costs H,1 LEG- DIRISharedlLEGAL- DEV.SVCS12010 Agenda19- 21 \Development FeesIDSD Fee Increases Construction Index.2010.Ordinance.DWB Final.doc _B0_ Page 3 of 7 SECTION 2. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -70 "Adoption of rules, regulations, and water and gas fees, of the Code of Ordinances is amended to read as follows: Sec. 55 -70. Adoption of rules, regulations, and water and gas fees. The rules and regulations concerning the control, operation and administration of utility taps or services connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: * (5) Fee schedule, gas: (a) Inside city limits: TABLE INSET: Gas -- Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request (b) Outside city limits: TABLE INSET: Gas -- Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request H:1LEG -DIR \Shared \LEGAL- DEV.SVCS12010 Agenda19- 21 \Development FeeesIDSD Fee Increases Construction Index.2010.0rdinance.DWB Final.doc Page 4of7 (9) Fee schedule, water: (a) Inside city limits: TABLE INSET: 518 inch x 314 inch $520.73 $432.73 3/4 inch $534.73 $446.73 1 inch $679.14 $591.14 Over 1 inch Special* Special* Loops *, minimum $242:00 $250.00 Meter moves *, minimum $58799 $60.00 $242,00 $250.00 $58790 $60.00 *Denotes costs to be specified by the director of water utilities based on circumstances. (b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: ilgtt fi 5/8 inch x 3/4 inch $160.65 3/4 inch $174.65 1 inch $217.30 (c) Outside city limits: TABLE INSET: 5/8 inch x 3/4 inch $722.73 $561.73 3/4 inch $740.73 $576.73 1 inch $968.14 $769.14 Over 1 inch Special* Special* Special* H :1 LEG- DIR \Shared\LEGAL- DEV.SVCS12010 Agenda19- 211Development Fees \DSD Fee Increases Construction Index.2010.Ordinance.DWB Final.doc —62— Page 5 of 7 Loops *, minimum $362.90 $374.00 $36249 $374.00 Meter moves *, minimum $86700 $89.00 $864.9 $89.00 *Denotes costs to be specified by the director of water utilities based on circumstances. (d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: 5/8 inch x 3/4 inch $160.65 3/4 inch $174.65 1 inch $217.30 SECTION 3. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -71 "Sewer tapping fees," of the Code of Ordinances is amended to read as follows: Sec. 55 -71. Sewer tapping fees. (b) House service line tap charge: * * * (2) House sewer connections to be constructed in easements shall be charged at a rate of eight hundred went -eee forty -nine dollars ($821.00 849.00) except as otherwise herein provided. (3) House service connections to be constructed in streets shall be charged at a rate of one thousand three hundred three forty - seven dollars ($1,303.001.347.00) except as otherwise herein provided. * * (5) For sewers in streets of new subdivisions in which house services are already installed to the property line and where final connection is to be made by a plumber, a fee of one hundred feto eight dollars ($10'1.00108.00). This fee is to cover the cost of recording and inspecting the sewer tap. H:1 LEG- DIRISharedlLEGAL- DEV.SVCS12010 Agenda19- 21 \Development Fees1DSD Fee Increases Construction Index.2010.0rdinance.DWB Final.doc _63_ Page 6 of 7 SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. H: 1LEG- DIR \SharedlLEGAL- DEV.SVCS12010 Agenda19- 21\Development FeesIDSD Fee Increases Construction Index.2010.0rdinance.DWB Final.doc —64— Page 7 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the •D(ay of , ; °1eiti, , 2010, by the following vote: A-1) 0 Joe Adame Chris 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 Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick APPROVED AND PASSED on this day of , 2010. ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: This 14th day of September, 2010 eborah W. Assistant to Attorney For City Attorney H: 1LEG- DIRSSHARED{LEGAi- DEV.SVCS12010 AGENDA19- 2110EVELOPMENT FEESIDSD FEE INCREASES CONSTRUCTION INDEX.2010.ORDINANCE.DWB FINAL.DOC —65— 8 NO ATTACHMENT FOR THIS ITEM 9 AGENDA MEMORANDUM City Council Action Date: September 28, 2010 SUBJECT: Till Creek Drainage Basin Improvements, Phase 3, Parts A & C (Project No. 2291 / CIP No. SW 20) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction of Ingleside, Texas, in the amount of $414,327.45 for Till Creek Drainage Basin Improvements, Phase 3, Base Bid PartsA & C. ISSUE: Part "A" is the final phase of a multi- phased project to address frequent flooding in the Douglas Subdivision in the northwest area of the City bounded by Suntide Road and Tuloso Road, and Leopard Street and IH -37. Continued development in the area exceeded the capacity of the existing drainage systems, which primarily consisted of rural roadside ditches. Phase 3 extends previous underground culverts constructed under Phase 2 from Till Creek to Tuloso Road near the Al Amin Temple. Part 'C" provides for drainage improvements for the storm water outfall from the Pharaoh Valley Subdivision near the Oso Beach Municipal Golf Course. Till Creek Phase 3 has bid and Council approval is required to proceed with construction. FUNDING: Funding is available from the Storm Water Capital Improvement Budget FY 2010. RECOMMENDATI • N. Staff recommends approval of the motion as presented. Vale H. Gray, E. Direc • of Storm at r & Street Operations 361/826 -1875 or 3611:26 -1872 valeriegCc�cctexas. com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petea n & cctexas. com Hi HDMEIRachelle1GENlDrainage12291 -Till Creak Drainage [rips {Ph 3 }1Conslruclionirsnda Memo,doe AGENDA BACKGROUND INFORMATION SUBJECT: Till Creek Drainage Basin Improvements, Phase 3, Parts A & C (Project No. 2291 / CIP No. SW 20) PROJECT DESCRIPTION: This project was developed in multiple phases to address flooding in the northwest area of the City encompassed by Suntide Road, Tuloso Road, Leopard Street and IH -37. Two previous construction projects are complete. Phase 3 is the final phase for the Till Creek Basin and was included in the Base Bid as Part A. Part C addresses drainage problems for the storm water outfall from the Pharaoh Subdivision to the Egyptian Ditch. PART "A ": This portion of the project is located in Suntide Road and across the south side of the AI Amin Tract with a small portion crossing Tuloso Road. The project consists of 465 LF of 42" reinforced concrete pipe (RCP), 1,171 LF of 36" RCP, 83 LF of 18" RCP, 1 connection to an existing 42" RCP, 1 Type "B" manhole, 6 post inlets 1,120 LF of swale grading, 200 SY of asphalt pavement repair, traffic control and trench safety. PART "B" ROLLING ACRES SUBDIVISION IMPROVEMENTS: This work consisted of re- aligning and extending the existing 24" outfall and downstream swale. The work included site grading and tree removal with required construction easements. This project was initiated based on input from the property owners who were in opposition to this plan and therefore the improvements. Due to that opposition, Part "B" was removed from the project and a future project will be considered pending funding and concurrence with the land owner. PART "C" EGYPTIAN DITCH DRAINAGE IMPROVEMENTS: This portion of the project consists of 1,200 LF of channel excavation, 36 LF of 18" RCP, 1,000 CY of fire break access roadway fill, 370 LF of 18" RCP under drain, 2 grate inlets, 1 Type "B" manhole, 900 SF of concrete riprap plating. BID INFORMATION: On July 14, 2010, the City received proposals from five bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $414,327.45 to $598,429.75 with an estimated construction cost of $391 ,645. There was a bid irregularity with the proposal form with respect to one item in which contractors responded inconsistently. All bids were corrected to consistently reflect the proposed unit prices for the required quantities. One bidder submitted a "NO BID" for the same item that was deemed non - responsive and was rejected even though it would not be the low bidder. Bid Item A -14 required 730 linear feet of 36" High Density Polyethylene (HDPE) as an alternative material for reinforced concrete pipe (RCP). Allowing for alternate materials maximizes competition from material suppliers and contractors and gives the City the most beneficial material when considering price and total lifecycle cost. The Storm Water Department has more experience with RCP and maintenance /repairs for RCP, so it is the preferred material when price is approximately equal. The low bidder's (Garrett H: 1FtOME1Rachelle1G £NtDrelnage12291 -Till Creek Drainage Imps (Ph 3) ConstructionWgenda Background 2.doc —74— EXHIBIT "A" Page 1 of 2 Construction) bid price had only a $400 difference between the materials. BID RECOMMENDATION: City staff and the consultant, Thompson Engineering, recommend the contract be awarded to the low bidder, Garrett Construction, who has successfully submitted all documentation demonstrating experience and qualifications in accordance with Special Provisions A -28, A -29 and A -30. The recommendation is that the contract for Till Creek Drainage Basin Improvements, Phase 3 for Parts A & C be awarded to Garrett Construction in the amount of $414,327.45. CONTRACT TERMS: The project is estimated to require 180 calendar days, with completion anticipated in April 2011. PROJECT BACKGROUND: This is the third phase of a multi - phased project to address flooding between Suntide Road and Tuloso Road and Leopard Street and IH -37. The second phase provided new storm water inlets at the Suntide and Barrogate intersections with a new underground trunk main routed further downstream in Till Creek Ditch. All the land acquisition for Phases 2 and 3 is complete. The work in the Pharaoh Subdivision was identified in previous CIP projects and was combined with this package to maximize cost effectiveness and resources. H :1kQMBRachelle\GEMDrainage12291 -Till Creak Drainage Imps (Ph 3) ConslructIonlAgenda Background_2.dac —75— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Till Creek Drainage Basin Improvements, Phase 3, Parts A & C (Project No. 2291 / CIP No. SW 20) PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. July 17, 2007 - Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Thompson Engineering in the amount of $49,750 for the Till Creek Drainage Basin Improvements, Phase 3, Parts A, B & C. HAHOME RachellelGEMDrainage12291 -Tia Creek Drainage Basin Imps1Construeti 1 rib Project Actlons.doc EXHIBIT "B" Page 1 of 1 V 0 0 U _77_ g 0 8 o y cocd ^ N W N 0 w 8 ° 1 a w 8 o w SI P 8 § 0O § 8 R W (8 G� w 8 Ei w q e N o a 8 0 W 8 m H 8 M 2 O v w V 0 ui N 0 0 N 0 0 A N 0 0 A N 0 0 n N 0 0 v N 0 0 N 0 0 0 N 0 (0 N 0 0 L. N o. d V N 0 8,4 0 N 0 .- N 0 m N CO M N 0 0 0 CS N 0 0 ' N 1°0 0 N 0 8 8 r w 8 $ w N 8 2 it 8 8 § N 8 P WWW 8$ 4r a N §g N 0 w 8 m w 8 ° la w CO H 0 w w ° N 0 N w w ° w o N 10 CO N M 0. • 8 w 8 $ N 8 49 8 IIi N 8 a. w 8 a N 8 ew N 8 c a w 8 .- w 8 ri h w 8 g w 8 a m N $ 74.30 $ 4,200.00 8 N N 0 e Oi w .- w 88 o w wp w m Yat N N N 1ry°+ W [� N � N N � tOv N 4 N SOg N �Op M �GOa M pO umOl h '1 @ N z ry N P N N p8 N �Gryp M S N M ca M N N 01 N a w M w N N Oi N N N N N (V w m M 0 z N w h w w N 0 N 'peclaMles tovaII DC 78383 TOTAL PRICE 558,590.001 o 0 P7 S N o 0 n a 0 u°r o 0 , 0 0 $ 0,',6.6,5- 0 o n 0 0 & 0 a § 0 a R w 0 Q0 § N 0 0 8 0 0 �°n�yy N 0 o 0 n 4 ! H 0 0 m w 0 0 V8p, N 0 a °ryory W 0 a1 m o 0o § N e m ° A na N 8 W w u 8� �! w N w 3,744.00 y8�y W N w 8 6P N a 8 w `8 NJ w 8 ' w 8S o N N S °o N w $ 2,500.00 m IO N N 8 Q °o N $ 0.50 8 P G 0 0 0 0 N '0 � 0 In eq 0 w 0 n 1 0 o ti 0 N a 0 H vs 0 0 i m 0 0 0 yp D W 8 � �po F N 0 m 8i w 8 g7;17, 0 0 �n n a 8" ; 8 a El r 8 o aQ1q 0 of o N 0) n vi m N S' o 22° N 0 M 1 _ N 8 1- N 8 g N 2 N w 2 N M N 2 O � N 8 6 44 2 N 8 0 01 M 2 N w0 2 1� N 2 W N 2 N < 0 5 70.75 . $ 1,505.30 N ' N 8 W N N $ 10.80 88 { N S 0 N J J J J 6 m J J a J ¢ J to fn J ti - �- @ T N 'N. '- 1r! [Jy , O b w 36" STORM SEWERS 18" RCP STORM SEWERS CONNECTION TO EXISTING 42" TYPE B MANHOLE z N SWALE GRADING ASPHALT PAVEMENT TRAFFIC CONTROL TRENCH SAFETY EXPLORATORY EXCAVATIONS ADJUST INDIVIDUAL WATER SERVICES ADJUST 5" WATERLINE ALTERNATE, CHANGE 730 LF 36" RCP TO HDPE GRATE INLET SILT FENCE 0 in 0 0 03 Z 0 4 7 m 0 2 6 * Z J qa aO y CONCRETE PAVEMENT REPAIR z W co UNANTICIPATED ALLOWANCE SUBTOTAL PART "A" ¢¢ a a a a a a¢ a a a a a a a _77_ A q n mw g A m E E c N Le z 6 C • N J EF m▪ m is Eam 0 o —` z 1- 7 a 2 2 la a. sa Al a 9' o 112 w TOTAL PRICE a8 0 BASE BID PART "a" x o 0 p N a M w H q 8 a Vl 0 0 g 0 a w E O N 4 8 8 N 8 0 O 0 w 8 w N1 3 g S27,750.0011 E 0 0 8 8 0 w w w 0 w 8 21 8 O w w 0 w w 8o 6 0 O EO E 42 m O n w 8 314,094.0H E 8 • 8 N E6,000.0011 S o n O m w w 8 N g v w N S N 2 w w w O Y OW 81 of w M 0 N a S 8 N m 0 w1 F4 8 8 0 0 q 8 8 0 $11.947.9511$ a 0 E o . Q w - 8 8 0 4 0 0 $10.000.0011$ 0 8 0 w 2( w 8 3 N n °a, LA at 8 Y N N w ° m 0 co of g w 49 IA w m m ry�ry 57� 0 w m °r 0, w w 8 O 0 6 2 U1 0 8 40 OUTFALL CHANNEL EXCAVATION U C2 I f 8" RCP CULVERT FIREBREAK ACCESS ROADWAY FILL 8 C4 118" RCP UNDERDRAIN m D GRATE INLET 0 U 8 U U C9 ISILT FENCE C10 'MOBILIZATION & DEMOBILIZATION CI 1 ISEEDING _7g_ SUBTOTAL PART "C" TOTAL BASE BID PARTS A" & "C" 0 12 0 12 .0 m 0 01 do O N ro 0 a E F g g 1 to t t c 0 m g 'a O a m = 8 c e E to c E c c E 9 v m 10 - EXHIBIT "C" Page 2 of 2 PROJECT BUDGET TILL CREEK DRAINAGE BASIN IMPROVEMENTS PHASE 3, PARTS A & C Project No. 2291 September 28, 2010 FUNDS AVAILABLE: Storm Water CIP Previous Years CIP $420, 000.00 $301,500.00 TOTAL $721,500.00 FUNDS REQUIRED: Construction (Garrett Construction) $414,327.45 Contingencies $41,233.00 Consultant Fees: Consultant (Thompson Engineering) $49,750,00 Construction Testing (Rock Engineering) $6,106.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Observation Services (Included in NE contract) Finance Issuance Misc. (Printing, Advertising, etc.) $9,322.00 $14,501.00 $0.00 $5,179.00 $2,072.00 TOTAL $542,490.45 FUNDS REMAINING $179,009.55 EXHIBIT "D" Page 1 of 1 Mproject \ councilexhibits \exh229 1 d wg MLECTS BJ4 PROJECT LOCATION PART A AGNES CORPUS c91RrsIT 21.91.y PROJECT #2291 F.M. PROJECT LOCATION PART C LOCATION MAP NOT TO SCALE FM 2444 EXHIBIT `E' TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3, PARTS A & C -80- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: l of 1 DATE: 09/01/2010 Wm' WM liwoluiftwo mprovements, CO rti V CD b.A 06 CD a c .ri 4 Sm Sm^ a N a)Mo 2WZ V N a CD s — .- s o L d a 0 6 _v u co m w 0 0 u (i) 4, u a) 0 a 4, (n 0 V 4, u au 0 a E CZ� c6 O undersize 0 U E I) U 0 E co O E t 0 U CU U o E O L L 0 E mE v c 0 E 0 co m co undergroun ' phase to ext s to Ti o Ro m CU 0 CU CO 0 a) co E -c _c CL o a E 0 L 0 E E 0 0 E N tlo co c c6 CO _C 0 0 E 0 0 E U -o E 0 E w O 0 E O CO c 0 L) 1 E cu >0 0 u s_ a E u s_ o d■ V 0_ L) CU 0 (r) 0 v) u 0 0 _C c co E c o u (0 u 0 = tO X 0 0_ CU u II) w c • E c 0 V 4u 0 0 V N .I V 4u O O o O O o 0 0 0 O O O O O O O N O N CO r` J acl- J 0 aL >°' co co V Z L D ♦0 LL vJ Previous Years CIP tc) o 0 0 O O o r` c'i o cfl N co tf) O Cr) N ti N- O O 0 0 0 0 0 0 0 0 0 0 N N- O (3) N N O H} ti ti C) O N- O 0) O N LC) 4r O O 4r CV- 4r LC) J J a a 1- 1- 0 0 1- 1- FUNDS REQUIRED: 0 U L 0 0 L) L ct 0 u) c .O O U U aQ)) 2 cz = . O O 0 0 Consultant Fees: .L cm O = O •L = w w o E ▪ O co U y + = = = O O 0 0 Reimbursements: .) E (B Q ▪ 2 O 12 U co LIE w o 2 m yL+ CO O O c L U 0 el- O) U O O ♦4) n •� 0 o o 0 o co E U • . 4) E Q �o C L ▪ W O = O U W 0 Finance Issuance Misc. (Printing, Advertising, etc.) LC) Lq O O O O r` FUNDS REMAINING rn Questions? 0 c-I 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 28, 2010 AGENDA ITEM: Motion to authorize the City Manager or designee to execute a contract for the collection of delinquent Municipal Court fines and court costs with law firm of Linebarger, Goggan, Blair & Sampson, and LLP for a fee of 30% of amount collected on delinquent accounts turned over to law firm, with collection fee to be paid by defendant. ISSUE: The Municipal Court continues to find itself with an opportunity to improve collections of court cases. In addition The Collections Program was established by Article 103.0031 of the Texas Code of Criminal Procedure, followed by the City Code of Ordinances Sec. 29 -51 to assist with delinquent collections and to remain in compliance with the State- mandated Compliance and Collections Program. The continuity of the contractor has allowed for tremendous accomplishments for the Court. The Court, as do other Courtsthroughout the State find itself in the same position of having to resolve cases with limited resources while following the letter of the law. The ability to contract, through state law with a contractor makes this a much more efficient process. There is no cost to the City; this is a pas &thru cost to the defendant. Court collections have made drastic improvements witi the assistance of the contractor. REQUIRED COUNCIL ACTION: Approval of the motion as presented. This contract is for one year beginning on the date of City Council approval. The contract may be extended on the same terms and conditions for three additional one-year terms upon written request of the City Manager or designee, ( "City Ilifanager" ), sent to contractor at least thirty days prior to the expiration of the term. PREVIOUS COUNCIL ACTION: Council has approved this contract in the past with the same contractor on two occasions; September 2001 and April 2006, both to award the contract to the samecontractor. CONCLUSION AND RECOMMENDATION: it is because of the increased success rate, as well Items 1 and 2 listed in the background information that we come before you seeking motion for the Collections Contract with the existing contractor. Honorable Judge Margie S. Flores Presiding Judge, Municipal Court margief@cctexas.com 361 - 826 -2523 r itit* Rene R. M ndiola Director of Municipal Court renem(cctexas.corn 361 -826 -2503 -83- BACKGROUND INFORMATION This item was presented to the Municipal Court Committee on August 24, 2010, who unanimously approved that item to be presented to the City Council to award a professional services contract to the current collections contract services vendor; Lineberger, Goggan, Blair & Sampson, LLP to continue to provide collections services for delinquent court costs, fees and fines for the City of Corpus Christi Municipal Court. The Collections Program was established by Article 103.0031 of the Texas Code of Criminal Procedure, followed by the City Code of Ordinances Sec. 29 -51. Municipal Court Collection Fee and was initiated by the Municipal Court. The City of Corpus Christi Municipal Court entered into an agreement with the Lineberger, Goggan, Blair & Sampson, and LLP to provide collections services for delinquent court costs, fees and fines. This State Collections item has been brought forward on two previous occasions; September 2001 and April 2006, both to award the contract to the same vendor. Since contracting with the vendor collections have grown to 77.61 % on those cases sent to collections as compared to the state average of approximately 45 %.The continuity of the vendor has allowed for tremendous accomplishments and opportunities for future endeavors. It is important to emphasize that the ability to contract through state law with a vendor makes this a much more efficient process and is required as part of the State Mandated Collections Program. It has also resulted in the successful resolution of a significant number of cases through alternate means of disposition (such as community service) at no cost to the City. Courts throughout the State find themselves in the same position of struggling to resolve cases with extremely limited resources while adhering to the law. Court collections have made drastic improvements with the established partnership with the vendor. A summary of overall collections by the Court is provided to you on "Attachment A ". In addition, a more detailed table of the collections vendor's efforts is provided to you on "Attachments B through D ". ADDITIONAL SERVICES OFFERED) In addition to the state approved -Collections program to utilize the collections process on cases with a pass through cost of thirty (30) % to defendants who have defaulted with their court order, the existing vendor has offered to assist the Court with collections on two (2) items not covered under the Article 103.0031 at no additional cost to the City. This could prove extremely beneficial to the City. These two (2) items present a tremendous "no cost" opportunity to the City with significant impacts on case resolution. Item 1: The first set of potential "collections cases" includes cases on which the defendant failed to appear but the event occurred on or prior to June 17, 2003. Those cases are excluded from the State's Article 103.0031. The Article only allows for the Court to process those cases on which a defendant failed to appear on or after June 18, 2003. The court currently has 10,930 cases, with a potential value of approximately $1,122,320 that qualify under this approach. However, the age of the cases and the average collections' percentage on these cases indicates that the actual potential collection is approximately $224,464. Item 2: The second set of potential "collections cases" would address parking violations. The City's Legal department has deemed that parking violations do not fall under Article 103.0031. A Parking Citation is issued to a vehicle, not to a person thus creating the need for identification of the owner of the vehicle. The existing vendor has offered to use their tools to attempt to identify and locate these individuals for processing. The Court currently has 102,200 cases, with a potential value of approximately $1,720,898 that would qualify under this approach. The age of these cases and the average collections' percentage (distributed by year) on these cases indicates that the actual potential collection Opproximately $485,506. Municipal Court Annual Collections Analysis COLLECTIONS SUMMARY (1) (2) (3) (4) (5) (6) (7) Total Amount Non -Cash % Of Non,' Owed Cash Amount Fiscal Year Assessed Credits Cash Credits Balance Collected Outstanding % Collected Avg Prior to 2001 Court 13,589,929.16 3,003,670.99 22.10% 10,586,258.17 4,391,228.04 6,195,030.13 41.48% Did not do collections during this period. FY 01 -02 Total 18,117,592.07 11,272,680.01 62.22% 6,844,912.06 6,536,839.37 308,072.69. 95.50% FY 01 -02 Court 14,242,358.19 9,000,125.95 63.19% 5,242,232.24 5,189,794.70 52,437.54 99.00% FY 01 -02 Collections 3,875,233.88 2,272,554.06 58.64% 1,602,679.82 1,347,044.67 255,635.15 84.05% FY 02 -03 Total 16,028,559.22 10,021,364.31 62.52% 6,007,194.91 5,645,711.73 361,483.18 93.98% FY 02 -03 Court 13,740,553.94 8,804,923.52 64.08% 4,935,630.42 4,801,684.95 133,945.47 97.29% FY 02 -03 Collections 2,288,005.28 1,216,440.79 53.17% 1,071,564.49 844,026.78 227,537.71 78.77% FY 03 -04 Total 20,652,491.39 12,419,972.23 60.14% 8,232,519.16 7,532,485.07 700,034.09 91.50% FY 03-04 Court 16,683,511.28 10,241,798.42 61.39% 6,441,712.86 6,331,542.58 110,170.28 98.29% FY 03 -04 Collections 3,968,980.11 2,178,173.81 54.88% 1,790,806.30 1,200,942.49 589,863.81 67.06% FY 04 -05 Totals 24,071,421.99 14,916,751.51 61.97% 9,154,670.48 8,489,764.29 664,906.19 92.74% FY 04 -05 Court 18,678,072.77 11,749,989.27 62.91% 6,928,083.50 6,828,261.25 99,822.25 98.56% FY 04-05 Collections 5,393,349.22 3,166,762.24 58.72% 2,226,586.98 1,661,503.04 565,083.94 74.62% FY 05 -06 Total 25,336,752.16 15,397,025.62 60.77% 9,939,726.54 9,315,722.47 624,004.07 93.72% FY 05-06 Court 19,138,070.23 11,912,199.79 62.24% 7,225,870.44 7,150,562.65 75,307.79 98.96% FY 05 -06 Collections 6,198,681.93 3,484,825.83 56.22% 2,713,856.10 2,165,159.82 548,696.28 79.78% FY06- D7Total 27,443,243.25 15,451,167.62 56.30% 11,992,075.63 11,022,542.74 969,532.89 91.92% FY 06 -07 Court 18,259,511.29 10,482,234.19 57.41% 7,777,277.10 7,709,913.96 67,363.14 99.13% FY 06 -07 Collections 9,183,731.96 4,968,933.43 54.11% 4,214,798.53 3,312,628.78 902,169.75 78.60% FY 07 -08 Total 22,174,412.16 11,640,931.11 52.50% 10,533,481.05 9,634,333.12 899,147.93 91.46% FY 07 -08 Court 13,106,566.98 6,640,960.00 50.67% 6,465,606.98 6,398,851.65 66,755.33 98.97% FY 07 -08 Collections 9,067,845.18 4,999,971.11 55.14% 4,067,874.07 3,235,481.47 832,392.60 79.54% FY 08 -09 Total 23,400,554.01 12,523,526.53 53.52% 10,877,027.48 9,351,766.92 1,525,260.56 85.98% FY 08-09 Court 13,703,725.26 7,474,489.96 54.54% 6,229,235.30 6,099,657.97 129,577.33 97.92% FY 08-09 Collections 9,696,828.75 5,049,036.57 52.07% 4,647,792.18 3,252,108.95 1,395,683.23 69.97% FY 09 -10 Total 20,226,247.31 11,515,990.21 56.94% 8,710,257.10 7,270,650.53 1,439,606.57 83.47% FY 09 -10 Court 11,480,645.87 6,662,516.25 58.03% 4,818,129.62 3,934,656.48 883,473.14 81.66% FY 09 -10 Collections 8,745,601.44 4,853,473.96 55.50% 3,892,127.48 3,335,994.05 556,133.43 85.71% (Through April 2010) Totals 2001 - 2010 197,451,273.56 115,159,409.15 58.32% 82,291,864.41 74,799,816.24 7,492,048.17 90.90% 139,033,015.81 82,969,237.35 59.68% 56,063,778.46 54,444,926.19 1,618,852.27 97.11% 58,418,257.75 32,190,171.80 55.10% 26,228,085.95 20,354,890.05 5,873,195.90 77.61% Approximate State Average 46.00% Notes: (1) Total amount assessed once person has been processed through collections (2) Non monetary amounts for dismissals, jail credits, other credits, reductions (3) % of non -cash credits (i.e., non - monetary amounts) (4) Remaining amount chat is owed in the form of payment (5) Amount collected (6) Outstanding balance from owed cash balance less amount collected (7) % of colleted amounts from owed cash balance -85- Attachment A Municipal Court Annual Collections Analysis TOTAL COLLECTIONS (1) (2) (3) (4) (5) (6) (7) Total Amount Non -Cash % Of Non- Owed Cash Amount Fiscal Year Assessed Credits Cash Credits Balance Collected Outstanding % Collected Avg Prior to 2001 13,589,929.16 3,003,670.99 22.10% 10,586,258.17 4,391,228.04 6,195,030.13 41.48% (Avg) (Note: Average through 2001. Cases 1998 and older have been purged) 2001 -2002 18,117,592.07 11,272,680.01 62.22% 6,844,912.06 6,536,839.37 308,072.69 95.50% 2002 -2003 16,028,559.22 10,021,364.31 62.52% 6,007,194.91 5,645,711.73 361,483.18 93.98% 2003 - 2004 20,652,491.39 12,419,972.23 60.14% 8,232,519.16 7,532,485.07 700,034.09 91.50% 2004 - 2005 24,071,421.99 14,916,751.51 61.97% 9,154,670.48 8,489,764.29 664,906.19 92.74% 2005 - 2006 25,336,752.16 15,397,025.62 60.77% 9,939,726.54 9,315,722.47 624,004.07 93.72% 2006 - 2007 27,443,243.25 15,451,167.62 56.30% 11,992,075.63 11,022,542.74 969,532.89 91.92% 2007 - 2008 22,174,412.16 11,640,931.11 52.50% 10,533,481.05 9,634,333.12 899,147.93 91.46% 2008 - 2009 23,400,554.01 12,523,526.53 53.52% 10,877,027.48 9,351,766.92 1,525,260.56 85.98% 2009 - 2010 20,226,247.31 11,515,990.21 56.94% 8,710,257.10 7,270,650.53 1,439,606.57 83.47% (Note: 2009 -2010 is through April 2010) Totals (2001 -2010) 197,451,273.56 115,159,409.15 58.32% 82,291,864.41 74,799,816.24 7,492,048.17 90.90% (Avg) Approximate State Average 46.00% Notes: (1) Total amount assessed once person has been processed through collections (2) Non monetary amounts for dismissals, jail credits, other credits, reductions (3) % of non -cash credits (i.e., non - monetary amounts) (4) Remaining amount that is owed In the form of payment (5) Amount collected (6) Outstanding balance from owed cash balance Tess amount collected (7) % of colleced amounts from owed cash balance -86- Attachment B Municipal Court Annual Collections Analysis COURT ACTIVITY - PRIOR TO COLLECTIONS (1) (2) (3) Total Amount Non -Cash % Of Non - Fiscal Year Assessed Credits Cash Credits Avg Prior to 2001 13,589,929.16 3,003,670.99 22.10% (Note: Average through 2001. Cases 1998 and older have been purged) 2001 - 2002 14,242,358.19 2002 - 2003 13,740,553.94 2003 - 2004 16,683,511.28 2004 - 2005 18,678,072.77 2005 - 2006 19,138,070.23 2006 - 2007 18,259,511.29 2007 - 2008 13,106,556.96 2008 - 2009 13,703,725.26 2009 - 2010 11,480,645.87 (Note: 2009 -2010 is through April 2010) (4) (5) (6) (7) Owed Cash Amount Balance Collected Outstanding % Collected 10,586,255.17 4,391,228.04 6,195,030.13 41.48% (Avg) 9,000,125.95 63.19% 5,242,232.24 5,189,794.70 52,437.54 99.00% 8,804,923.52 64.08% 4,935,630.42 4,801,684.95 133,945.47 97.29% 10,241,798.42 61.39% 6,441,712.86 6,331,542.58 110,170.28 98.29% 11,749,989.27 62.91% 6,928,083.50 6,828,261.25 99,822.25 98.56% 11,912,199.79 62.24% 7,225,870.44 7,150,562.65 75,307.79 98.96% 10,482,234.19 57.41% 7,777,277.10 7,709,913.96 67,363.14 99.13% 6,640,960.00 50.67% 6,465,596.96 6,398,851.65 66,745.31 98.97% 7,474,489.96 54.54% 6,229,235.30 6,099,657.97 129,577.33 97.92% 6,662,516.25 58.03% 4,818,129.62 3,934,656.48 883,473.14 81.66% Totals (2001 - 2010) 139,033,005.79 82,969,237.35 59.68% 56,063,768.44 54,444,926.19 1,618,842.25 Approximate State Average Notes: (1) Total amount assessed once person has been processed through collections (2) Non monetary amounts for dismissals, jail credits, other credits, reductions (3) % of non -cash credits (i.e., non - monetary amounts) (4) Remaining amount that is owed in the form of payment (5) Amount collected (6) Outstanding balance from owed cash balance Tess amount collected (7) % of colleced amounts from owed cash balance -87- 97.11% (Avg) 48.0D% 1,618,842.25 Outstanding Balance Distribution of Amounts Collected 372,333.72 State Court Costs (23% of balance) 0.00 Collections Firm (0% of balance) 760,855.86 Fines To City (77% of balance) Attachment C Fiscal Year Avg Prior to 2001 (1) Total Amount Assessed 13,589, 929.16 (2) Non -Cash Credits 3,003,670.99 Municipal Court Annual Collections Analysis COLLECTIONS AGENCY (3) % Of Non - Cash Credits 22.10% (Note: Average through 2001. Cases 1998 and older have been purged) 2001 - 2002 2002 - 2003 2003 - 2004 2004 - 2005 2005 - 2006 2006 - 2007 2007 - 2008 2008 - 2009 2009 - 2010 3,875,233.88 2,288,005.28 3,968,980.11 5,393,349.22 6,198,681.93 9,183,731.96 9,067,855.18 9,696,828.75 8,745,801.44 (Note: 2009 -2010 is through April 2010) 2,272,554.06 1,216,440.79 2,178,173.81 3,166,762.24 3,484,825.83 4,968,933.43 4,999,971.11 5,049,036.57 4,853,473.96 (4) (5) (6) (7) Owed Cash Amount Balance Collected Outstanding % Collected 10,586,258.17 4,391,228.04 6,195,030.13 41.48% (Avg) 58.64% 1,602,679.82 1,347,044.67 255,635.15 53.17% 1,071,564.49 844,026.78 227,537.71 54.88% 1,790,806.30 1,200,942.49 589,863.81 58.72% 2,226,586.98 1,661,503.04 565,083.94 56.22% 2,713,856.10 2,165,159.82 548,695.28 54.11% 4,214,798.53 3,312,628.78 902,169.75 55.14% 4,067,884.07 3,235,481.47 832,402.60 52.07% 4,647,792.18 3,252,108.95 1,395,683.23 55.50% 3,892,127.48 3,335,994.05 556,133.43 Totals (2001 -2010) 58,418,267.75 32,190,171.80 55.10% Notes: (1) Total amount assessed once person has been processed through collections (2) Non monetary amounts for dismissals, jail credits, other credits, reductions (3) % of non -cash credits (i.e., non - monetary amounts) (4) Remaining amount that is owed in the form of payment (5) Amount collected (6) Outstanding balance from owed cash balance less amount collected (7) % of colleced amounts from owed cash balance 84.05% 78.77% 67.06% 74.62% 79.78% 78.60% 79.54% 69.97% 85.71% 26,228,095.95 20,354,890.05 5,873,205.90 77.61% (Avg) Approximate State Average 44.00% _88- 5,873,205.90 Outstanding Balance Distribution of Amounts Collected 1,350,837.36 State Court Costs (23% of balance)" • 1,761,961.77 Collections Firm (30% of balance) 2,760,406.77 Fines To City (47% of balance) Attachment D CITY OF CORPUS CHRISTI MUNICIPAL COURT COLLECTION SERVICES This Contract for the collection of delinquent Municipal Court fines and court costs, in this Contract called "Contract ", is made and entered into by and between the City of Corpus Christi ( "City ") and Linebarger Goggan Blair & Sampson, LLP ( "Contractor "), based upon the consideration and undertaking stated in this Contract, effective for all purposes upon approval by the Corpus Christ City Council and subsequent execution by the City Manager or designee. 1. General Scope of Services. The Contractor shall, for and in consideration of the payment of the sum of money specified in this Contract, perform all duties related to the collection of delinquent Municipal Court fines and court costs which are referred to Contractor for collection, provide all services necessary for the collection of those delinquent Municipal Court fines and court costs, and provide such further services as are outlined in this Contract. 2. Term of the Contract and Termination Clause. a. This Contract is for one year beginning on the date of City Council approval. This Contract may be extended on the same terms and conditions for three additional one -year terms upon the written request of the City Manager or designee, ( "City Manager "), sent to Contractor at least 30 days prior to the expiration of the term. b. Either party may terminate this Contract at any time with or without cause by giving 60 days' written notice to the other party. c. If the City has not awarded a new Municipal Court Collection Services Contract at the end of this Contract, or otherwise terminated this Contract, the City Manager may extend this Contract on a month to month basis until a new contract is awarded by City Council, or this Contract is terminated. Notice of termination during any month to month extension is 30 calendar days. 3. Compensation of the Contractor. a. As authorized by Article 103.0031 of the Code of Criminal Procedure, City will turn over to Contractor on or about the first (1st) and fifteenth (15th) of each month by electronic or magnetic medium in the format specified by the City Contract Administrator all delinquent Municipal Court debts and accounts receivables ordered to be paid by the Municipal Court, and amounts in cases in which the accused has failed to appear as required by law, ( "Delinquent Accounts "). A Municipal Court debt or account receivable is eligible for referral for collection and considered delinquent on the date it becomes 60 days past due, or 60 days after defendant has failed to appear as required by law. b. The City has established a Municipal Court Collection Fee pursuant to Article 2` 103.0031 of the Texas Code of Criminal Procedure ( "Municipal Court Collection Fee "). in the amount of 30 percent on each Municipal Court debt and account receivable ordered to be paid by the Municipal Court, and 30 percent on amounts in cases in which the defendant has failed to appear, where the cases are at least 60 days past due and referred to the Contractor for collection. If a Municipal Court judge determines that a defendant is indigent, then no Municipal Court Collection Fee shall be charged to , defendant. The Municipal Court Collection Fee does not apply to a case that has been dismissed or to any amount that has been satisfied through time - served credit or community service. c. City agrees to pay Contractor as compensation for services required under this Contract the Municipal Court Collection Fees actually collected and paid by defendants to the City during the term of this Contract. The City is not accepting partial payments on cases turned over to the Contractor for collection. The City shall pay over said compensation monthly by check. No penalties will be assessed to City for late payments to Contractor. No other compensation will be paid by the City to Contractor. The City is not responsible for postage, telephone charges, or any of Contractor's expenses in performing under this Contract. d. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform additional collection services, at no charge or fee to the City or to Defendant on Delinquent Accounts which are not subject to an additional collection fee under Article 103.0031 of the Code of Criminal Procedure. Specifically, these accounts are all unadjudicated cases filed prior to June 18, 2003, the effective date of the amendment to Article 103.0031 which authorized Municipal Court Collection fees. e. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform collection services on delinquent parking citations referred to Contractor for collection at no charge or fee to the City or to Defendant. f. The parties agree that should Article 103.0031 of the Code of Criminal Procedure as amended be repealed or held to be unconstitutional by a court of competent jurisdiction during the term of this Contract so that the City is no longer authorized to collect the Municipal Court Collection Fee, then this Contract shall terminate immediately. g. No funds will be paid to Contractor unless defendant's payment was a result of Contractor's actions under this Agreement. For example, if defendant is arrested and is brought to Municipal Court to resolve outstanding cases, no compensation will be paid to Contractor. All payments on delinquent accounts which were referred to Contractor for collection are assumed to be a result of Contractor's actions unless specifically refuted by City. h. If there is a dispute between City and Contractor regarding whether Contractor is due compensation in a particular case, the City will not pay Contractor until issue is resolved 3 between the parties. 4. Collection Goals. The Contractor agrees to work with the Contract Administrator to set reasonable collection goals and meet quarterly with the Contract Administrator to monitor and report on the progress of collection efforts achieved. 5. Scope of Services. a. Contractor shall direct defendants to make all payments directly to the City of Corpus Christi Municipal Court. Contractor shall not collect any monies for the City. Contractor shall instruct defendants that any payments owed on debts and accounts receivable must be made in full to Municipal Court. b. Contractor's collection process must be reviewed and approved by the Contract Administrator, but Contractor shall be responsible for compliance with all laws. c. Contractor shall provide Contract Administrator copy of employee orientation / training manuals, where applicable. Contract Administrator will have review of all correspondence and scripts used by Contractor's collection staff. d. Contractor covenants that the customer service employees handling the City's accounts will be familiar with the City of Corpus Christi Municipal Court requirements for acceptance of fines as provided by the City to Contractor. e. Contractor shall coordinate mail outs with the Contract Administrator. f. At the end of the each year of the Contract, Contractor shall provide a cover letter to City's Contract Administrator with listing of cases that are deemed uncollectible by the Contractor. Contractor shall give its reasons why each case is uncollectible. Contractor shall also inform Contract Administrator of applicable laws which govern disposition of uncollectible court fines. g. Contractor shall maintain a toll free telephone number for customers to call. h. All complaints regarding the collection process will be referred to Contractor for resolution. i. Contractor shall provide notification of all disputes or complaints raised by defendants regarding the collecion process within five business days to Contract Administrator, Contractor shall provide Contract Administrator with written or electronic statement of the resolution j. Contractor shall provide new addresses for defendants to Contract Administrator on a monthly basis. 7. Management Reports. a.Contractor shall keep and maintain all required reports and make those reports available to the Contract Administrator at all reasonable times. Contractor agrees to keep such other records and in the form as the Contract Administrator may reasonably require and to make them available at the Contract Administrator's request. b. In particular, Contractor shall provide Municipal Court Director at the end of each calendar year written documentation to indicate uncollected Delinquent Accounts which remain uncollected for at least five years from the date the account was referred to Contractor for collection. 8. Data Transfer. a. City will transfer its Municipal Court case data to Contractor via FTP Internet electronic transfers. Contractor shall provide the Contract Administrator with access to a secured FTP site /server at no cost to the City. b. All data is the property of the City Contractor shall not release the data without the written approval of the Contract Administrator. Contractor shall return all data to the Contract Administrator within 30 days after termination or expiration of this Contract, c. City shall provide Contractor with the data necessary to collect the fees and fines that are subject to this Contract. Contractor does not assume or accept responsibility for the integrity and/or accuracy of City's data. 9. Notices. All notices required or permitted in this Contract must be in writing and are deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, as follows: If to City: Municipal Court Director P.Q. Box 9277 Corpus Christi, TX 78469 -9277 (361) 886-2515 If to Contractor: Lineberger Goggan Blair & Sampson, LLP 500 N. Water, Suite 1111 Corpus Christi, TX 78471 (361) 888 -6898 Attn: Paul Daniel Chapa , Partner 10. Compliance with Laws. Contractor and City shall comply with all applicable Federal, State, and City laws and regulations in performing this Contract. Contractor shall file required reports and comply with City conflict of interest provisions. 11. Bond and Insurance Requirements. Contractor covenants to maintain bonding and insurance coverage as required in Exhibit B. 12. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract including authorizations for payment. All of Contractor's notices or communications regarding this Contract must be directed to the Contract Administrator, who is the Municipal Court Director, or designee. 13. Independent Contractor. Contractor shall perform the services under this Contract as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 14. Indemnification. a. Contractor shall release, defend, indemnify and hold harmless the City, its agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, arising out of or in connection with the negligent acts and/or omissions of the Contractor its officers, agents, or employees under this Contract. Contractor is expressly required to defend City against all such claims. The indemnity provision of this contract have no application to any claim or demand which results from the sole negligence or fault of City, its officers, agents, employees or contractors. And furthermore, in the event of joint and /or shared negligence or fault of City and Contractor, responsibility and indemnity, if any, is to be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties to this Contract and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. b. Contractor must be given prompt written notification of any claims, loss, damage, suit or liability of any kind and has the right to defend such action through use of its own counsel. In its sole discretion, City shall have the right to select or to approve defense counsel to be retained by Contractor in fulfilling its obligation under this Contract to defend and indemnify City, unless such right is expressly waived by City Manager in writing. City reserves the right to provide a portion or all of its own defense, however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain City approved defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract, If Contractor fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own 6 behalf, and Contractor shall be liable for all costs incurred by City. 15. Insurance. Before activities can begin under this Contract, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverage and the fidelity bond to the Municipal Court Director and Risk Manager as required in attached Exhibit. Additionally, the Certificate must state that the Municipal Court Director will be given at least 30 days notice of cancellation, material change in the coverage, or intent not to renew any of the policies by certified mail. The City shall be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request for copies of the insurance policies. Insurance requirements are attached and incorporated as Exhibit and may be revised annually by the City Manager upon 30 days written notice to Contractor. 16. Fiscal Year. AV parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will actually be adopted, that determination is within the sole discretion of the City Council at the time each budget is adopted. 17. Assignment. This Contract is binding upon the parties, their legal representatives, successors, and assigns. This Contract must not be assigned without prior written consent of the City Council. 18. Venue. The laws of the State of Texas govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Nueces County. Texas and that exclusive venue lies in Nueces County, Texas. 19. Amendments. Except as specifically provided otherwise in this agreement, any alterations, additions, or deletions to the terms of this agreement must be by amendment to this Contract in writing and executed by both parties to this agreement. Modifications which do not change the essential scope and purpose of this Agreement may be approved on behalf of the City by the City Manager or designee. 20. Entirety. The entire Contract of the parties is contained in this Contract and this Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Contract. 21. Severance. The provisions of this Contract are severable. If any paragraph, section, subdivision, sentences, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions does not affect the remaining portions of the law, such decisions does not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party 60 days written notice. 22. Duplicate Originals. This Contract is executed in duplicate originals, any one of which, or a true copy of this Contract, have the same evidentiary value. 23. Effective Date. The effective date of this Contract is the date of execution by the parties. In witness whereof, the parties have executed this Contract by signature below. CON CTO By: Paul aniel Chap Partner STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 5 En t gm (bt / , 20 /0, by Paul Chapa, Partner, for Lineberger Goggan Blair & Sampson, LLP, a Texas Law Firm, on behalf of the firm. ATTEST: Armando Chapa City Secretary 7 V(14.a viv airu Notary Public, State of Texas CITY OF CORPUS CHRISTI `Angel R. Escobar City Manager APPROVED AS TO LEGAL FORM: This day of ,20/'x• 8 INSURANCE EXHIBIT (to be inserted) EXHIBIT INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation, material change, non - renewal or termination is required on all certificates Bodily Injury and Property Damage Per occurrence - Aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY to include : 1. Personal Injury 2. Errors and Omissions $1,000,000 COMBINED SINGLE LIMIT C. In the event of incidents / accidents of any kind, Contractor must furnish the Risk Manager with copies of all reports of any claims within ten (10) days of the incident/ accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: 9 * The City of Corpus Christi must be named as an additional insured on the General liability coverage. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30 -day written notice of material change, non - renewal, termination or cancellation to the Risk Manager is required. 2010 Muni Court Collection Service ins. req. 6 -21 -10 ep Risk Mgrnt lri ui mlii 4.1 ..c L U 0 � U 9.: ca 0 .0-___ u ilu 44_ 0= O = ›.4 z U 0 ,1 0 N 00 N L _o E cu 4_, eL cu cn Court Collections o O cu E O = O) O cn C 2 10 -0 0- c O v) 4— •- ca O o 0 >. = a) O co O •l .47, ra cn ca 61) CD ca aI__, • = 2 O.cn 01 L) O .4_, c — CO _C a) 0 c .0:7 0 0 Li) O 0_ (n C . - ( 0 — ) R 4— = A fundan innocent i N co V Lin Z% .c 0 ITILI cu (f) U � 43) a..r U 0 O 0 U i 0 O =4 N ›— c/i U0 C z� o° 4—) 0 d) 01 ca CO C cu c > ca ca ccnn a) -0 a cc,o(0 'cU� Eoo co L Oi CD '> cn 'a . >_ t (f) Ln ca can O C Li) , 0 LI- -o E L -0 o = 0 = 1) ® E0UD U I .c o 0 ca c fl CL 'U C O 4-01 :V C ° q.) 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ISSUE: Staff has been requested to investigate the possibility of amending the Zoning Ordinance to eliminate the provision for screening of dumpsters for trash and recycle areas. The 180 -day moratorium approved by City Council on March 28, 2010 is due to expire. REQUESTED COUNCIL ACTION: Consideration of the adoption of the proposed moratorium ordinance. PREVIOUS COUNCIL ACTION: Council approved a 180 -day moratorium on the trash screening requirement. Council adopted Article 13A. "10" Island Overlay District, Section 13A- 8.03 Screening Requirements and Article 27. Supplementary Height, Area, and Bulk Requirements, Section 27 -3.07 Trash Areas, of the Zoning Ordinance of the City of Corpus Christi, Texas. CONCLUSION AND RECOMMENDATION: The additional 60 days is necessary to complete the code amendment process through City Council adoption. Attachments: Exhibit A — Background information Exhibit B — Ordinance .14s,Z Juan Perales, Jr. P.E. Assistant City Manager Engineering & Development Services JohnnyP@cctexas.com (361) 826 -3828 H: SPLN •DIRSSHARED1MORATOR1UMIDUMPSTER SCREENINGSMORATORIUM IMTER.COUNCIL AGENDA MEM0.09212010.DGC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The 180 -day moratorium approved by City Council on March 23, 2010 is due to expire. Staff has been requested to investigate the possibility of amending the Zoning Ordinance to eliminate the provision for screening of dumpsters for trash and recycle areas. The request is a result of several commercial establishments and refuse collection companies seeking relief from the screening provision. Concerns were based on dumpster and screening logistics and the cost of screening. This provision has been in the Zoning Ordinance since 1971 and, in 2004, it was included in the Island Overlay District during its adoption. The provision was placed in the code to visually screen trash areas from streets, public and neighboring views. The screening can be accomplished through wood fencing, hurricane fencing with slats or masonry materials. Many property owners have screened their dumpsters, while others have not adhered to the screening provision. With the inception of the recycle program, many owners are utilizing recycle dumpsters alongside trash dumpsters, whereby both are required to be screened. Code Enforcement staff have been diligent in informing property owners of the provision and many have complied, while others found it difficult to comply. In providing the screening, noted difficulties range from lot areas being limited in size or due to the expense of the screening. Those having difficulty with this provision are reducing the size of their dumpsters for trash or recycling, eliminating the recycle dumpster, or they are not screening or partially screening the dumpster areas. The majority of property owners Code Enforcement has assisted are now aware of the provision and have complied. However, when canvassing the city overall, it was found that numerous property owners were not adhering to the screening provision, either due to lack of awareness of the provision, logistics for dumpster and screening, or economic difficulties. During the tenure of the 180 -day moratorium, staff has met with the Base Zoning Focus Group of the Unified Development Code Committees to create language that will replace the existing dumpster screening ordinance. Proposed language is in the final draft phases and has already been reviewed once by the Planning Commission for comment in a presentation format. Staff is initiating the ordinance adoption process within the next 30 days, beginning with submittal of the draft ordinance to the Planning Commission for recommendation. This 60 day extension is necessary to all for the completion of the code amendment process through City Council adoption. EXHIBIT A H:1 PLN- DIFi1SHAREDSMORATORIUMIDUMPSTER SCREENINGIMORATORIUM D JM tR.COUNCIL AGENDA MEMO BCKGRD.09212010.DOC Page 1 of 2 AN ORDINANCE IMPOSING A TEMPORARY 60 DAY MORATORIUM ON THE REQUIREMENT IN SECTION 27- 3.07.01 OF THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, TO SCREEN TRASH AREAS ON ANY LOT USED FOR BUSINESS OR MULTI- FAMILY PURPOSES FROM STREET, PUBLIC AND NEIGHBORING VIEWS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council desires that the Planning Commission provide its recommendations regarding the screening requirement in Section 27- 3.07.01 of the Zoning Ordinance within 40 days from the date this Ordinance takes effect as defined in Section 5 below; WHEREAS, the City Council previously authorized a Temporary 180 day Moratorium on the same requirement in Section 27- 3.07.01 of the Zoning Ordinance, by Ordinance No. 028528, issued on March 23, 2010; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. There is a moratorium of 60 days on the enforcement of the requirement found in the second sentence of Section 27- 3.07.01 of the Zoning Ordinance of the City of Corpus Christi, Texas, to screen trash areas on any lot used for business or multi- family purposes from street, public and neighboring views. This moratorium does not apply to the first sentence of Section 27- 3.07.01. The complete section reads as follows: "Section 27 -3 Modification of Area Regulations "27 -3.07 Trash Areas: 27- 3.07.01 On any lot used for business or multiple - family purposes, all trash areas shall be provided in a place accessible to vehicles used for picking up and carrying trash away. These areas shall be effectively screened from street, public and neighboring views." SECTION 2. Any property or person issued a Certificate of Occupancy when there is a moratorium on the enforcement of the screening requirement in Section 27- 3.07.01, either under this Ordinance, or under Ordinance No. 028528, is subject to compliance with the screening requirement in Section 27- 3.07.01 within thirty (30) days at the end of the moratorium period identified in this Ordinance. H:1LEG- DIR \Lisa12010 OrdinancelMoratorium September 2010.doc —107— Page 2 of 2 SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid of unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. 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 5. This ordinance goes into effect on date of final City Council approval. SECTION 6. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2010. ATTEST; CITY OF CORPUS CHRISTI Armando Chapa, City Secretary City Secretary Approved: September 10, 2010 o�,�CJYI Lisa Aguila f ssistant City Attorney for the City ; ttorney Joe Adame Mayor 1-1:1LEG- DIR \Lisa12010 OrdinancelMoratorium September 2010.doc —108— 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 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 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 28, 2010 AGENDA ITEM: A. Ordinance authorizing the City Manager, or his designee, to execute a ten (10) year lease with Foresight Corpus Christi Golf, L.L.0 with options to renew for an additional ten (10) year term, and then and additional five (5) year term, for the use of Gabe Lozano, Sr. Golf Course and Oso Beach Golf Course for annual rental payments of one -half of net cash flow from operations; providing for severance; and providing for publication. B. Motion to authorize the City Manager or designee to execute a short term monthly management agreement with Foresight Corpus Christi Golf, L.L.C, to manage the Oso Beach Golf Course and the Gabe Lozano, Sr. Golf Course, for a monthly management fee of $12,000.00, for up to six months. C. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding fees established by golf course operators under lease with the City for operation of City golf courses; providing for severance; and providing for publication. ISSUE: As directed by City Council, Staff is bringing forth the proposed ordinances for consideration to enter into a 10 year agreement with Foresight Corpus Christi Golf, L.L.0 for operation of the City of Corpus Christi municipal golf courses. See attached background information. REQUIRED COUNCIL ACTION: Approval of the attached ordinances and motion. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of items A through C as proposed Rudy Garza, Director Intergovernmental Relations ru dyq a [ca cctexas. co m (361) 826 -3082 Attachments: Michael Morris, Director` Parks and Recreation Department michaelmo{Mcctexas.com (361) 8264461 1. Presentation : Golf Course Management Contract RFP Process & Key Contract Provisions 2. Lease Agreement 3. Management Agreement BACKGROUND INFORMATION Background and Previous Analysis During the mid year budget reduction discussion in January 2010, City Council members directed staff to evaluate and pursue opportunities to privatize management of city operations and functions that may result in a net savings and /or revenue gain for the City. In addition, in 2005 the National Golf Foundation (NGF) provided an analysis of the City of Corpus Christi's Golf Course Operations and state -of -golf in the Coastal Bend. The report suggested staff initiate improvements to the course and modify operations and fee structures to increase play and revenues. However, the preferred solution offered by NGF was to pursue a golf management contract or agreement to overcome the institutional nature of municipal golf course operations. A follow up analysis and report provided by students in the Texas A &M University at Corpus Christi (TAMUCC) Business Program indicated that while some of the suggestions offered by NGF had been implemented, significant improvements were still warranted with the City's golf course operations. The TAMUCC report suggested alternative management structures for golf course operations — including a private management company. Request for Proposal Process In response, the City issued a Request for Proposal (RFP) in March 2010 to identify a private company experienced in golf operations management to manage the City operated golf courses. The RFP required potential contractors to consider and provide a plan for: ■ Managing pro shop and maintenance operations at existing City owned golf facilities, as well as, future golf courses that may be developed or acquired ■ Transitioning current City Employees into their company ■ Operating food and beverage concession services ■ Sharing future revenues and/or establishing a management fee ■ Offering youth programs and accommodating agreements with local school districts for use of the facilities ▪ Increasing revenues with the understanding that the City maintains the authority to approve any future fee increases and capital improvement projects. A team consisting of staff members from the Parks and Recreation Department, Finance Department and the City Manager's Office was put together to evaluate the responses to the RFP. The team evaluated responses based on the respondents (1) qualifications, (2) technical solutions, (3) financial considerations and (4) exceptions taken to the contract terms established in the RFP. The City received six (6) responses to the RFP. After an initial review and scoring of the responses, the evaluation committee deemed four (4) companies qualified to be considered for a management contract. The evaluation team made site visits to golf facilities operated in Texas by each of the four companies. During these site visits the evaluation team had an opportunity to interview management teams of each company and gain further insight of which company would be the best fit for Corpus Christi. Based on their initial response to the RFP and the evaluation team's site visit and discussion with their management team, Foresight Golf was selected as the top firm. Selected Company Background Foresight is a Texas based firm with primarily Texas based assets including the Bandit, Republic, Buckhorn and Pecan Valley golf courses in Central Texas and Cypresswood Golf Course in the Houston area. In their proposal Foresight offered a revenue sharing based partnership where net revenues would be split 50 -50 with the City. In addition, the firm committed to finance (or absorb) any operating shortfalls alleviating the City of the potential of adding to a growing negative balance in the Golf Fund. Finally, recognizing the apprehension the local golf community may have about privatizing golf operations Foresight proposed to maintain the current green fee structure for a minimum twelve month period excluding consideration for sales tax requirements. Future Feedback from Community, In effort to maintain a venue for public input in golf course operations, the Parks and Recreation Department through the Parks and Recreation Advisory Committee (PRAC) will create a Golf Operations Input Subcommittee. Along with the Director, the subcommittee will solicit and review comments from golfers regarding the operation of the golf course and serve as a conduit for information to the contractor. This new PRAC subcommittee will replace the function of the current ad hoc Greens Committee and will host periodic public meetings with the golf community. In addition, one of the performance standards for the contract includes conducting regular customer surveys to gauge golfer satisfaction. These surveys will be reviewed by the new PRAC subcommittee. Budget Considerations No budget modifications will be required as result of this agreement for Fiscal Year 2010- 2011 at this time. 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L ,N - •_ Evt-t73 -6Z1- ■ BALANCE 1911 6L)V N 2018 2019 g0 L 0 0 0 0 0 00 0 CD° 0 0 0 0 2014 2015 2016 M N 0 N -06L- QUESTIONS? LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This Lease Agreement (referred to as this "Agreement" or this "lease ") is made and entered into by and between The City of Corpus Christi, a Texas home rule municipality (referred to as the "City" or as "City ") and Foresight Corpus Christi Golf, L.L.C. ( "Operator "), a Texas limited liability company and wholly owned subsidiary of Foresight Golf, L.L.C., a Texas limited liability company. Definitions. "Annual Review" means the process as described in Section 6.21 below. "Capital Fund" means the fund established through per round surcharge and City Capital Improvement Program funding by the City to pay for mutually agreed upon improvements to the Leased Premises. "City" means the City of Corpus Christi, Texas. "City Manager" means the City Manager of Corpus Christi or designee. "Contract Administrator" means the Director of Parks and Recreation. "City Council" means the City Council of the City of Corpus Christi, Texas. "Effective Date" means the 61s1 day after the date of final City Council approval of this Agreement. "Extended Term" means the ten year extension period and the five year extension period authorized in accordance with Section 32. "Financial Reports" mean the following monthly reports prepared by Operator for Contract Administrator: i) monthly Sales Reports; (ii) monthly Tee Sheets with itemized play record; (iii) monthly Deposit Summary, Reconciliation and Cash Drawer Reports; (iv) monthly Concession Reports; (v) monthly Play Reports; (vi) monthly calculations of the Operations Reserve Fund; (vii) annual audited Balance Sheet, Statement of Profit and Loss and Changes in Financial Condition for the operations of the Golf Courses prepared in accordance with GAAP; (vii) all calculations of rent paid. Operator shall also provide to City such other financial reports as are reasonably available as requested by the Contract Administrator. "GAAP" means Generally Accepted Accounting Principles. "Gabe Lozano" means the Gabe Lozano Sr. Golf Course. "Golf Courses" means the Gabe Lozano Sr. Golf course and the Oso Beach Golf course. "Initial Term" means the ten year period beginning February 1, 2011. "Leased Premises" means the Golf Courses, and any real property improvements located at the Golf Courses, and personal property equipment identified in Exhibit A. "Lease Termination Fee" means the fee payable by City upon certain terminations of this Agreement as described in Section 3.3 below. "Net Cash Flow from Operations" means the dollar amount of gross revenues received by Operator from operations of the Golf Courses golf operations, including green fees and cart fees, Pro Shop sales and snack bar food and beverage sales, less (i) amounts collected for retail sales tax, federal retailer's excise tax, state, county or municipal tax on the sale of alcoholic beverages or future tax of like applications, (ii) the Operations Reserve Fund, and (iii) operating expenses of the Golf Courses. "Operating Expenses of the Golf Courses" shall mean (i) salaries, wages, overtime and benefits expenses and reasonable and continuing golf education for the employees employed at the Golf Courses; (ii) building and equipment maintenance, lease and replacement expenses incurred, including lease or finance payments for the golf cart fleet, office equipment, tools and equipment purchases in the ordinary course of business; (iii) customary memberships and dues expenses; (iv) insurance premiums paid; (v) costs of practice range balls, fertilizer, chemicals, employee uniforms, fuel, lubricants and other supplies purchased in the ordinary course of business; (vi) costs of inventory purchased for sale in the Pro Shops; (vii) utility charges incurred including electric and telephone services; (viii) accounting services for preparation of financial reports and financial statements; and (ix) such other operating expenses that have been approved by the City Manager in advance. "Operations Reserve Fund" means a fund not to exceed $100,000 which shall be established from the gross revenues from the Operator's operation of the Golf Courses. "Operator" means Foresight Corpus Christi Golf, L.L.C. "Oso Beach" means the Oso Beach Golf Course. "Performance Standards" mean the maintenance, and operating standards to be employed at the Golf Courses, listed on Exhibit B to this Agreement. "Possession Date" means February 1, 2011. "Rent" means one -half of the positive Net Cash Flow From Operations. "Request for Proposal" means the Request for Proposal for Golf Course Management Service (BI- 0060 -10), as amended. "Risk Manager" means the City Risk Manager. "Term" means the Initial Term or any Extended Term. "Trade Fixture" means personal property equipment owned by Operator or purchased solely with Operator's funds installed on the Leased Premises for operation of the Golf Courses during the Term. Section 1. Leased Premises: 1.1 For and in consideration of the conditions, covenants and agreements to be kept and performed by Operator, City does hereby lease and let unto Operator, and Operator does hereby lease from City all of that real and personal property equipment described on Exhibit A attached hereto and incorporated herein by reference located in Corpus Christi, Nueces County, Texas, (the "Leased Premises ") commonly known as The Oso Beach Golf Course ( "Oso Beach ") and The Gabe Lozano Sr. Golf Course ( "Gabe Lozano" and referred to together as the "Golf Courses "). 1.2 Revisions to Leased Premises: The parties may amend this Agreement to add or remove golf courses and golf course personal property equipment from the Leased Premises in accordance with the Request for Proposal. If City acquires additional golf course properties, then Operator shall have the prior right of first refusal to enter into a lease or management arrangement with City with respect to such additional golf course property. Section 2. Effective Date and Possession: This lease is subject to approval of the City Council of the City (the "Council ") and is not effective until the 61st day after the date of final approval by the Council (the "Effective Date "). The date of Operator's right of possession to the Leased Premises and responsibility for operations of the Golf Courses (the "Possession Date ") will be February 1, 2011. Section 3. Term of Lease. Termination: 3.1 Initial Term. This lease shall have an initial term of ten years commencing on February 1, 2011 and ending on January 31, 2021 ( "Initial Term ") subject to extension for the Extension Term. 3.2 Extension Term. This lease may be extended upon written agreement of the Operator for an additional ten year term and then an additional five year term (each extension referred to as an "Extended Term ") upon written approval of City Manager. Operator shall notify the City Manager in writing at least one- hundred eighty (180) days before the end of the Initial Term or Extended Term if Operator elects not to renew this lease for the next Extended Term. 3.3 Termination for Default. The City may terminate this lease, in accordance with Section 15 below, following an event of default by Operator as described in Section 15 below, without any cost to City. 3.4 Termination Without Cause. Upon City Council approval and appropriation of funds to pay the Lease Termination Fee, the City may terminate this Agreement at any time without cause upon one hundred eight (180) days prior written notice to Operator and upon payment of the Lease Termination Fee to Operator. 3.4.1 If this lease is terminated without cause within the first twenty -four (24) months of the Initial Term, then the Lease Termination Fee shall be Two Hundred Eighty -Eight Thousand Dollars ($288,000.00). 3.4.2 If this lease is terminated without cause after the first twenty -four (24) months of the Initial Term, then the Lease Termination Fee shall be an amount equal to the lesser of (a) the Rent accrued for the City for the twenty -four (24) month period immediately preceding the termination divided by two (2) to determine an average twelve (12) months of Rent, then multiplied by the number of years remaining within the then- current Term, with any partial year rounded up to the next full year, or (b) Five Hundred Thousand Dollars ($500,000.00). 3.5 Duties and Responsibilities Upon Termination. In addition to any other duties and obligations identified in this Agreement, Operator shall have the following duties and responsibilities at the termination of this lease, whether occurring by normal expiration or as otherwise herein provided: 3.5.1 Operator shall yield up the Leased Premises including all equipment that constitute part of the Leased Premises to City in good and operable condition and repair, damage for ordinary wear and tear, fire or casualty excepted where Operator is not at fault. 3.5.2 Operator shall make available to City any Trade Fixtures upon payment of market value for such Trade Fixtures. If City elects not to purchase Trade Fixtures, Operator may remove such Trade Fixtures from the Leased Premises provided Operator repairs any damage caused by such removal. 3.5.3 All Trade Fixtures or any other Operator -owned property which remain at the Leased Premises after the termination or expiration of the Agreement automatically becomes City property without the necessity of any further notice or legal action. 3.5.4 Upon termination of the Agreement, Operator shall, upon City Manager's written request, provide all or part of the services described in this Agreement on a month -to -month basis for a monthly management fee for term not to exceed six months. The monthly management fee shall be equal to Twelve Thousand Dollars ($12,000.00) adjusted by a percentage equal to the increase in the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items, Not Seasonally Adjusted ( "CPI -U") as published by the United States Bureau of Labor Statistics, or such other index as may succeed the CPI -U for the Houston - Galveston Brazoria Areas from year 2010 to the date of payment of the management fee. Section 4. Rental: 4.1 Calculation of Rent. Operator shall pay to City for the lease of the Leased Premises rent equal to one -half of the Net Cash Flow From Operations earned on the operations ofthe Golf Courses with Operator responsible for funding any negative cash flow each year. The term Net Cash Flow From Operations will mean the dollar amount of gross revenues received by Operator from operations of the Golf Courses golf operations, including green fees and cart fees, Pro Shop sales and snack bar food and beverage sales, less (i) amounts collected for retail sales tax, federal retailer's excise tax, state, county or municipal tax on the sale of alcoholic beverages or future tax of like applications, (ii) the Operations Reserve Fund (defined below), and (iii) operating expenses ofthe Golf Courses. Operator shall calculate a Net Cash Flow From Operations for each separate golf course. City and Operator acknowledge that golf lesson fees collected by teaching professional for lessons given on their own time are retained by the teaching professional and are not included in gross revenues from golf operations. 4.2 Operating Expenses. "Operating Expenses of the Golf Courses" shall mean (i) salaries, wages, overtime and benefits expenses and reimbursed reasonable costs of travel and continuing education for the employees employed at the Golf Courses; (ii) building and equipment maintenance, lease and replacement expenses incurred, including lease or fmance payments for the golf cart fleet, office equipment, tools and equipment purchases in the ordinary course of business; (iii) customary memberships and dues expenses; (iv) insurance premiums paid; (v) costs of practice range balls, fertilizer, chemicals, employee uniforms, fuel, lubricants and other supplies purchased in the ordinary course of business; (vi) costs of inventory purchased for sale in the Pro Shops; (vii) utility charges incurred including electric and telephone services; (viii) accounting services for preparation of financial reports and financial statements; and (ix) such other operating expenses that have been approved by the City Manager in advance. 4.3 Operations Reserve Fund. Operator shall establish and maintain during the Term an operations reserve fund in the amount up to One Hundred Thousand Dollars ($100,000.00), being up to Fifty Thousand Dollars ($50,000.00) for the benefit of each of the City and the Operator (the "Operations Reserve Fund "). Operator shall establish the Operations Reserve Fund out of the gross revenues of operations of the Golf Courses. Upon final termination of this lease and Operator's surrender of the Leased Premises, one -half of the then balance of the Operations Reserve Fund will be paid to City together with any final payment of Rent. 4.4 Schedule of Rent Payment. Starting on January 31, 2012, and continuing each subsequent January 31 of each year during the Term, Operator shall pay the Rent, to the extent of positive Net Cash Flow From Operations for the preceding calendar year, to City, in arrears. (The parties agree that the first January 31, 2012 payment shall actually include the Net Cash Flow From Operations over the period from the Possession Date through December 31, 2011.) Operator shall utilize the services of Certified Public Accountant to calculate the Net Cash Flow From Operation and provide City with such records no later than January 31 of each calendar year. Operator may prepay Rent at any time that Operator determines positive Net Cash Flow From Operations are available, which prepaid Rent shall be credited against the Rent next coming due under this Agreement. At the time of each payment of Rent to City, Operator shall distribute to itself or to an affiliated entity from the operations of the Golf Courses the remaining one -half of Net Cash Flow From Operations. Section 5. Use of Premises: Operator shall use the Leased Premises only for business purposes as municipal golf courses and for no other purpose without the prior written consent of City. Operator shall comply with all rules, regulations, ordinances, the City Charter and laws of public authorities applicable to its operations of the Golf Courses and its obligations in connection with the Leased Premises. Operator will not discriminate nor permit discrimination against any person or group of persons with regard to employment and the provision of services at, on, or in the Leased Premises, on the grounds of race, religion, national origin, marital status, sex, age disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take action necessary to enforce this covenant. Section 6. Operation of Golf Courses: 6.1 Operating Hours. Operator shall operate the Golf Courses 365 days of the year with the minimum hours of operation as follows: (i) Oso Beach, 5601 South Alameda St., Corpus Christi, Texas 78412 Monday through Sunday, 7:00 AM to 5:30 PM (or sunset if earlier) with an eighteen (18) hole regulation course, fully stocked pro shop, practice putting, chipping greens and snack bar; and (ii) Gabe Lozano, 4401 Old Brownsville Rd, Corpus Christi, Texas 78405, Monday through Sunday, 7:00 AM to 7:30 PM (or sunset if earlier, except with respect to the driving range) with an eighteen (18) hole regulation course, a nine (9) hole executive course, lighted driving range, practice putting green, fully stocked pro shop and snack bar. Operator shall operate the practice driving range (Gabe Lozano only) and insure the driving range is open daily during such hours or other hours approved by the City acting through the City Manager and posted on site at Gabe Lozano. In operation of the driving range, Operator will supply good quality range balls for use by the public at the driving range facility. Operator shall maintain the driving range, regular ball pick up, and daily cleaning ofthe facility. Operation ofthe Golf Courses and the driving range are subject to weather conditions, and as determined by Operator, the Golf Courses or driving range may be closed in response to certain weather conditions, but the Pro Shops shall remain open during such minimum hours. Operator shall make its operations manuals available for review by the City Manager at the offices of Operator's legal counsel in Corpus Christi. 6.2 Operations Activities. Operations of the Golf Courses includes the day to day golf course maintenance, golf course turf operations, irrigation maintenance, water pump maintenance, equipment maintenance, tree care, pro shop operations, golf professional services, driving range operations, golf cart operations, retail operations and supervision and/or operation of the food concessionaire. Performance standards including operations mission statement, customer satisfaction, maintenance of facilities, and maintenance of the Golf Courses turf conditions are attached as Exhibit B and incorporated herein by reference (the "Performance Standards"). 6.3 Green Fees Structure. 6.3.1 After the initial twelve (12) months of the Initial Term, Operator proposes to simplify the green fees structure previously established by the City for operations of the Golf Courses to more customary industry standards, and Operator's obligations under this Agreement are subject to and contingent upon the City Council amending the City Ordinance to exclude Operator or other private course operator from required fee schedule established by Ordinance at the time City Council approves this Agreement. 6.3.2 For the initial twelve (12) months of the Initial Tenn, Operator shall not increase the green fees for the Golf Courses that are set forth on Exhibit C and incorporated herein by reference and shall honor outstanding green fees loyalty program punch cards sold prior to the Possession Date or implement an equivalent program offered by Operator. 6.3.3 After the initial twelve (12) months of the Initial Term, Operator may simplify the green fees structure by eliminating certain categories and reducing certain green fees in establishing new promotional and loyalty programs and shall not be required to continue offering the existing punch card program. 6.3.4 After the initial twelve (12) months of the Initial Term, Operator shall set the green fees charged, provided that any increase in green fees is subject to approval of the City Manager. 6.3.5 In addition to the green fees, Operator shall collect on behalf of the City and remit to the City on a monthly basis the one dollar and fifty cents ($1.50) per round capital improvement surcharge imposed on the Golf Courses creating the capital improvement sinking fund for the Golf Courses (the "Capital Fund ") as further described in Section 8 of this lease. The green fees listed on Exhibit C under subheading A (Weekday Green Fees) and B (Weekend/Holiday Green Fees) include the dollar amount of the per round capital improvement surcharge in the amount of the stated.fee. 6.3.6 Operator shall record all green fees collected in Operator's point of sale accounting system, and shall maintain at the Leased Premises books of account with respect to its management and operations of the Golf Courses in accordance with generally accepted accounting principles ("GAAP"). 6.3.7 Operator shall collect applicable sales taxes on the green fees (including the fees listed on Exhibit C) as required by State law. 6.4 Maintenance of Books and Records. All books and records shall be subject to review by the City Manager for compliance with GAAP. Operator shall maintain such books and records for a period of five (5) years following the expiration or sooner termination of this lease. 6.5 Audit. At City's option, City may cause, at any reasonable time, upon five (5) days prior written notice to Operator, a complete audit to be made of Operator's books of account with respect to its management and operations of the Golf Courses. Such audit may be made by a Certified Public Accountant or other qualified representative selected by City. If any Operator reports of Net Cash Flow From Operations provided to City or any payments of rent are questioned and determined to be in error and the Net Cash Flow From Operations reported and resulting rental paid are three percent (3 %) or more below the actual rent due and owing based on actual Net Cash Flow From Operations for the period reported by such report, then the reasonable expenses of such audit shall be paid by Operator in addition to the deficiency in rental payment, which sums shall be promptly paid to City. If Operator elects to dispute any such City audit, Operator may engage an independent Certified Public Accountant or other qualified representative selected by Operator to a complete a second audit of Operator's books of account with respect to its management and operations of the Golf Courses. If Operator's audit determines there is no error or that the error in calculation of the Net Cash Flow From Operations reported and resulting rental paid is less than three percent (3 %) below the actual rent due for the period reported by such report, then upon either parties' written request, City and Operator shall negotiate in good faith to resolve such discrepancy and the costs of the audits by mutual agreement. 6.6 Financial Reports and Budget. Operator shall collect appropriate data and prepare the following fmancial reports of operations of the Golf Courses to be submitted. to City Contract Administrator (the "Financial Reports "): (i) monthly Sales Reports; (ii) monthly Tee Sheets with itemized play record; (iii) monthly Deposit Summary, Reconciliation and Cash Drawer Reports; (iv) monthly Concession Reports; (v) monthly Play Reports; (vi) monthly calculations of the Operations Reserve Fund; (vii) annual audited Balance Sheet, Statement of Profit and Loss and Changes in Financial Condition for the operations of the Golf Courses prepared in accordance with GAAP; (vii) all calculations of rent paid. Operator shall also provide to City such other financial reports as are reasonably available as requested by the Contract Administrator. Prior to the Possession Date, Operator shall develop a proposed operating budget for the operations of the Golf Course to be included as part of Exhibit B. Set forth on as part of Exhibit B shall be Operator's initial proposed operating budget for the Golf Courses. 6.7 Starter Function. Operator shall maintain the course starter function primarily from the Pro Shop at each Golf Course. The .course starter function is responsible for scheduling tee time reservations and admitting golfers to course play. Scheduling of tee times shall be handled in each Pro Shop through Operator's point of sale scheduling system and through online tee time reservation system, and Operator shall require all players to check in at the Pro Shop before play. The starter function shall include maintaining daily records and check receipts for green fees to insure that payment for play has been received. At such time as Operator determines the level of play requires additional player services, the tee time management and starter functions shall be a mobile function, coordinated with the Pro Shop, with a roaming starter moving from staging and first tee to practicing green and driving range, with courtesy announcements of foursome starts and players on deck. The Operator shall hire, train and supervise all members of Operator's Pro Shop team members to perform the course starter function. The mobile starter function shall not engage in cash handling activities. Operator shall determine the operating hours to accommodate play and maximize revenues. 6.8 Operator's team member staff shall be courteous, and provide satisfactory and efficient management of the Golf Courses for benefit of the general public. At each Golf Course, Operator shall provide a minimum of the following personnel: (i) one Golf Course Manager or Director of Golf Operations, (ii) a Teaching Professional or an Assistant Golf Professional to provide golfing lessons who may also serve and the Golf Course Manager or Director of Golf Operations, and (iii) a Golf Course Maintenance Superintendent. 6.9 Golf Course Manager or Director of Golf Operations. The Golf Course Manager or Director of Golf Operations shall meet the following minimum qualifications (i) advanced knowledge of golf course operations and management practices, with experience and knowledge of financial accounting of golf course operations, golf play management and marketing, golf course merchandise marketing, and golf practice facilities operations; (ii) a professional understanding of the rules and strategies of golf; (iii) a high degree of administrative and executive ability; (iv) excellent oral and written communication skills; and (v) knowledge of current federal, state and local laws and regulations affecting the management of golf course operations. 6.10 Teaching Professional or Assistant Golf Professional. The Teaching Professional or Assistant shall meet the following minimum qualifications (i) advanced professional knowledge of mechanics of the golf swing and golf teaching techniques, with an advanced knowledge of golf swing drills and alternate golf swing methods and practices; (ii) a professional understanding of the rules and strategies of golf; (iii) advanced knowledge of available golf equipment and accessories; (iv) excellent oral and written communication skills; (v) participation in continuing education, and (vi) maintain PGA certification or possess or equivalent knowledge and experience as PGA certified pro. 6.11 Golf Course Maintenance Superintendent. The Golf Course Maintenance Superintendent shall meet the follow minimum qualifications: (i) advanced knowledge of agronomy and turf grass management practices, with a working knowledge of golf facility construction principles, practices and methods and a thorough understanding ofthe rules and strategies of golf; (ii) a high degree of administrative and executive ability; (iii) excellent oral and written communication skills; (iv) knowledge of current federal, state and local laws and regulations affecting the management of golf course operations; (v) participation in continuing education; and (vi) current state certification or licensing as a pesticide applicator. The Operator shall direct the Golf Course Maintenance Superintendent in the proper marking of the golf course for ground under repair, hazards, and out of bounds. 6.12 Staffing. Operator's staff operations and services shall include providing adequate staffing to provide goods and services as set forth in this lease and promoting goodwill with the golfing public by treating the public in a courteous manner and providing information, directions and review of customers concerns and issues. Operator shall provide a defibrillation machine and trained certified staff to use it. 6.13 Rules and Regulations. Operator shall enforce all rules, regulations, and policies governing use of the facilities. Rules and regulations may be proposed by the Operator, but are subject to approval by the City Manager, prior to implementation. The Operator shall likewise comply with City policies concerning violence in the workplace and controlled substance abuse. 6.14 Course Play Directors. Operator shall train and supervise volunteer course play directors, commonly referred to as course marshals, to provide marshaling services for the Golf Courses. Operator shall be responsible for managing the course marshals and providing a communication link between the marshals and Pro Shop starter function. The marshal's role is to promote compliance with golf course rules and regulations and efficient and timely play by the golfing public. Operator shall provide adequate service to maintain the speed of play on the Golf Courses with goals for pace of play and start times, for an average 18 -hole game, established by Operator subject to approval by the City Manager. The Operator shall be responsible to ensure efficient and timely play. Operator shall act as the Rules Chairman for Corpus Christi Golf Course and shall make interpretations of U.S.G_A. rules for golf play. 6.15 Recognized Associations. City shall provide to Operator a list of City recognized golfing clubs or associations. Operator shall provide support to such recognized clubs or associations utilizing the Golf Courses in the form of tournament services, league schedules, and space for meetings and bulletin board space for posting of such tournaments and league schedules at no charge, subject to availability of tee times. Such support shall not include prime time usage of the Golf Courses for tournaments or free green fees. Additionally, students from the local school districts shall be allowed to use the practice facilities of and/or play the Golf Courses for free or at a discounted rate (but not including free golf cart usage) on school days, so long as such students are accompanied by and supervised by a school golf team coach. Additionally, Operator shall work with local school districts to schedule golf tournaments at both facilities. UIL sanctioned tournaments will normally be scheduled during weekdays and shall be charged regular junior play rates. Use of the facilities for UIL or CCISD sponsored tournaments on weekends shall be limited to the Executive Nine Hole Course at Gabe Lozano or non -peak hours of play on the 18 hole courses. Operator may allow junior players playing with a paying adult to play free or at a discounted rate and allow junior participants in the "The First Tee" and "Kids on Course" programs to play at reduced junior rates. Also, Operator shall honor the previously existing golf course arrangements identified by the City Manager to Operator per written information describing such arrangements provided to Operator prior to the Effective Date. 6.16 Food and Beverage. Operator shall provide the food and alcohol service operations for the Golf Courses. Operator shall insure the snack bars are open daily during high use season and during off season with regular hours approved by the City Manager and posted on site at the Golf Courses. During the high use season, March through October, the snack bar minimum hours shall be 7:OOAM to 7:OOPM, with the off-season hours determined by Operator subject to approval by the City Manager. Operator shall develop and establish a food and beverage theme and a menu of food items and beverages to be served in the snack bar facilities on the Leased Premises that are usual and customary for similar golf course operations and appropriate for the Golf Courses operating market. The snack bars shall be cleaned daily, with adequate trash and recycle receptacles available. Sales of beer, wine and mixed drinks at the clubhouses on the Leased Premises and on the Golf Course are permitted by the Concessionaire and Operator only. Operator is responsible for compliance with applicable laws and regulations with respect to the food and beverage service on the Leased Premises. 6.17 TABC Compliance. Operator shall comply with all permits issued under the Texas Alcoholic Beverage Code, the Texas Alcoholic Beverage Code, and rules and regulations issued by the Texas Alcoholic Beverage Commission regarding alcohol services and sales at the Leased Premises. Operator shall employ, train and supervise personnel with appropriate qualifications and experience appropriate for the duties to be performed with regard to alcohol services and sales. All such personnel shall be employees, agents or independent contractors of Operator, and not of City. Operator may subcontract with third parties for the actual management of alcohol sales but Operator shall remain obligated to City for all subcontracted management services, and in the event this Agreement is terminated, such subcontracts are likewise terminated. Operator shall provide City with copy of all subcontracts for alcohol services and sales within thirty days of execution. Operator shall timely collect and pay all taxes imposed on alcohol sales. 6.18 Pro Shop Inventory and Operations. As of the Possession Date, Operator has assumed from City the existing inventory of golf merchandise and golf equipment located in the Pro Shops at each Golf Course based on the inventory valuation provided by City. During the Term in connection with Golf Course operations, Operator shall purchase and stock golf merchandise and golf equipment in the Pro Shops for sale to the public as determined by Operator. Operator shall insure the Pro Shop at each Golf Course is open daily with regular hours posted conspicuously and adequately on site at each Golf Course. Operator shall also provide golf equipment repair, rental of pull carts, golf carts and golf clubs for public use with the repair services and number of carts and clubs provided reasonable and customary in comparison with other public golf courses of similar size and use. 6.19 Financing Leases. Operator shall be responsible for assignment of existing leases and negotiation of equipment leases or purchase money financing, including specifically without limitation negotiation of new golf cart leases or financing arrangements and repayment or renegotiation of existing golf cart leases of financing arrangements. The City currently has outstanding leases through Banc of America Leasing and Capital LLC for golf course equipment. Operator agrees to pursue assignment of the leases to Operator as the operator of the Golf Courses. 6.20 Transition of Golf Course Staff Within twenty (20) days of the Effective Date, City shall conduct a meeting to inform the City employees who are directly employed in the operations of the Golf Courses of the lease arrangement and operations of the Golf Courses by the Operator under this lease. Said meeting shall include the City's Human Resources Department and the Operator's Human Resources Representative(s). At this meeting City employees shall be provided information including, but not limited to: 1. Operator's Personnel Policies 2. Operator's Job Descriptions 3. Operator's Salary Ranges per job description 4. Operator's Benefits Package 5. City's "Reduction In Force" (RIF) policy. City employees shall be given a deadline of fourteen (14) calendar days after such meeting outlined above to determine whether they choose to become Operator employees or be subject to the City's Reduction in Force policy_ Based on the voluntary decision of each such City employee, the City shall identify to Operator those City employees who are willing to terminate their employment with the City and begin employment with Operator for positions in operations of the Golf Courses (an "Identified Employee "). Operator shall offer employment to and employ each Identified Employee (who accepts such employment), with such employment to begin on the Possession Date, and pursuant to and in accordance with Operator's established employment criteria, compensation and benefits package through Operator's customary ninety (90) day probationary period. Operator shall provide health insurance benefits to each Identified Employee who accepts employment beginning on date of employee hire with Operator, with no delay period. 6.21 Annual Review. Annually, representatives of Operator and the City Manager or City Manager's designee shall meet at the offices of the City or such other mutually acceptable location, to review the operations and performance of the Operator under this lease for the prior year (the "Annual Review"). Each Annual Review shall include a review of (i) the financial performance of the Golf Courses for the prior year as evidenced by the Financial Reports and other financial information either party may elect to submit for review; (ii) the operations of the Golf Courses including the Operating Expenses for calculation of Net Cash Flow From Operations, green fees, food and beverage operations, rules and regulations for the Golf Courses, goals for pace of play and start times, turf conditions on the Golf Courses, weather related or seasonal related effects on such turf conditions, and the Performance Standards; (iii) Operator's performance under the Performance Standards and review of customer satisfaction surveys from patrons of the Golf Courses; (iv) any proposed capital improvement projects, and (v) any other information deemed material to operation of the Golf Courses. Section 7. Care of Lease Premises: 7.1 Maintenance and Repairs. Operator shall maintain the Leased Premises in good clean condition. Operator shall be responsible for repairs and maintenance of the Leased Premises, with costs of such repairs and maintenance to be included as Operating Expenses of the Golf courses. Operator shall maintain the Golf Shop and driving range area in a clean, well -kept and orderly manner, ordinary wear and tear excepted, and shall provide such personnel, cleaning supplies, equipment, and consumable supplies as are necessary for this purpose. Operator shall cause public spaces to be vacuumed and cleaned daily. Windows and glass surfaces in the snack bars and all entry doors to be cleaned weekly during high season, March through October, and monthly or sooner as needed November through February. All other glass surfaces to be- cleaned monthly or sooner, if needed. Restrooms to be cleaned prior to business each morning. During high season, March through October, restrooms to be cleaned and restocked in mid - afternoon. Carpet cleaning shall be completed a minimum of twice yearly. Operator shall be responsible for the repair and maintenance of light fixtures as needed. Operator shall be responsible for regular maintenance and cleaning, as well as repairs and replacement, of all equipment at Leased Premises, including but not limited to, restaurant equipment. Operator shall be responsible for annual exterior cleaning of building walls, doors and windows, and light fixtures. Operator may utilize the Operations Reserve Fund for Operating Expenses of the Golf Courses, including repairs and maintenance. 7.2 Advertising Signage on Leased Premises. Operator shall not install additional signs or other advertising devices on the Leased Premises without City's prior written approval. The expense of installation, operation or removal of all such signs shall be paid by Operator as an expense of operations of the Golf Courses. Operator shall comply with applicable City ordinances related to signage. 7.3 Maintenance Operations. Operator shall be responsible for the upkeep and maintenance of the greens, fairways, sand traps and all other playing areas of the golf courses in accordance with the schedule of maintenance and standards set forth in the Performance Standards that shall be performed on a regular basis to assure well maintained turf conditions and golf courses are available for play by the general public. Any changes to the maintenance provisions of the Performance Standards shall be subject to the approval of the Contract Administrator. 7.4 Utilities. City shall provide to Operator at no charge effluent City water for purposes of irrigating the Golf Courses. City shall provide to Operator such City utility services as have been provided to the operations of the Golf Courses as of the Effective Date, including potable water and sanitary sewer. However, if City ever begins to charge other City departments for potable water, sanitary sewer, or solid waste service, then Operator shall be similarly charged. Operator shall be charged for solid waste removal which is under contract with third party provider. Operator shall pay all such solid waste services and City and other non -City utility charges as Operating Expenses of the Golf Courses, including electricity, telephone, and security systems. Occupied public space in the clubhouse must be lighted and adequately heated appropriate to a public building. Included in the utility costs of operations shall be the cost of electricity to pump effluent water through the Golf Courses irrigation pumping system to irrigate the grounds of the Golf Courses 7.5 Naming of facilities on Leased Premises_ Any naming of any facility on Leased Premises requires prior approval of the City Council. 7.6 Alterations or Improvements to Leased Premises. Operator shall not remove any improvements, nor make any alternations or additions to the building improvements located on the Leased Premises, nor perform any construction at the Leased Premises, without the prior written consent of the City Manager, and any such additions, changes and alterations made by Operator shall become and remain the property of City at the termination of this lease, except to the extent that the City Manager agrees otherwise in the above required written consent. Any additions, changes and alterations made by improvements or any construction at Leased Premises by Operator must be agreed to by the City and approved in advance in writing executed by the City Manager, and subject to Operator's compliance with bonding requirements of Chapter 2253, Texas Government Code, as may be amended, and subject to compliance with insurance requirements of Risk Manager. 7.7 Surrender of Leased Premises. Operator acknowledges and understands that the City's agreement to lease the Leased Premises to Operator is expressly conditioned on the understanding that the Leased Premises must be surrendered, upon the expiration, termination, or cancellation of the Term of this Lease, in as good a condition as received, reasonable use and wear and tear, acts of God, fire and flood damage or destruction where such damage in not Operator's fault. Section 8. Trade Fixtures and Capital Projects: 8.1 Installing Trade Fixtures. Operator shall be permitted to install Trade Fixtures on the Leased Premises, and all such Trade Fixtures owned by Operator and not permanently attached to the Leased Premises may be removed by Operator at the end of the Term, provided that any damage to the Leased Premises caused by such removal shall be repaired by and at the expense of Operator at or prior to the expiration of the Term. 8.2 Capital Improvements. Prior to the Possession Date, the parties shall develop an Exhibit to be substituted herein as Exhibit D. Set forth on Exhibit D shall be Operator's initial proposed capital improvement projects for the Golf Courses, including a description and budget for each such project. The City has and will continue to segregate and hold the Capital Fund and make such Capital Fund available to fund capital improvement projects at the Golf Courses including those described on Exhibit D and future identified projects upon such terms and conditions as the Operator and City Manger shall mutually agree. To the extent Operator identifies other capital improvement projects during the term of this lease that could benefit the operations of the Golf Courses, Operator may notify the Contract Administrator of any such project and provide a description and budget for such project. No later than the next Annual Review, Operator and the City Manager shall review such proposed capital project, the related expenditures required to complete the project and the capital expenditure responsibility, if any, of each party. To the extent mutually agreed by the parties an in accordance with such agreement, the City will fund capital improvement projects out of the Capital Fund, and Operator may proceed with such capital improvement projects. Section 9. Insurance: 9.1 Insurance Coverage. During the Term, Operator shall maintain a policy or policies of insurance providing for the following insurance coverage: (i) broad commercial general liability insurance providing personal injury and property damage liability coverage with respect to the Leased Premises and the business conducted thereon, (ii) physical damage coverage for golf carts and course maintenance equipment, (iii) business automobile liability —owned, non -owned and rented, (iv) alcoholic beverage liability in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served, (v) crime and fidelity coverage, (vi) worker's compensation and (vii) employer's liability all in accordance with the provisions described on Exhibit E, attached hereto and incorporated by reference. Such insurance policy or policies shall name Operator as named insured and City as additional insured for auto and general liability coverage. For worker's compensation and employer's liability, Operator shall provide a waiver of subrogation in favor of the City. Prior to any addition or alteration to any building or real estate improvements located on the Leased Premises, Operator shall obtain prior clearance in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Operator or City. This clearance is in addition to the prior consent required by Section 7.6 of this lease. 9.2 Form of Policies. The foregoing policies of insurance shall be in form and written by insurers be issued by insurance companies reasonably acceptable to the Risk Manager for the City (the "Risk Manager ") which acceptance shall not be unreasonably withheld, and shall meet the requirements of Exhibit E. The Risk Manager shall be furnished two (2) copies of certificates of such insurance policies for the benefit of the City prior to the Possession Date. The certificate of insurance shall provide that the City shall have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this lease. Upon written request of the City Manager, Operator shall provide copies of all required insurance policies to the Risk Manager. City and Operator acknowledge that over the Term it is probable that there will be changes in the insurance industry or the commercial real estate industry. Accordingly, City and Operator agree that if during the Term, if the amount of insurance customarily maintained for golf course businesses similar to those then conducted from the Leased Premises increases, then the Risk Manager retains the right at the Annual Review to modify the amount and types of insurance maintained by Operator, and to require increased coverage limits, as commercially reasonable and as necessary in the interest of public health, safety, or welfare, and to decrease the required coverage, if so warranted. In the event of any necessary increase, City must provide Operator no less than sixty (60) days written notice to obtain the increased coverage prior to the effective date of the requirement. 9.3 City Insurance. During -the Term, City shall secure and cause to be maintained in effect, as part of and included with the City's blanket coverage of. City real property improvements, a policy or policies of property insurance covering the real property improvements and fixtures of the Leased Premises in the amounts and types identified on Exhibit F, subject to applicable deductibles. The City Risk Manager reserves the right to review and modify the amounts and types of insurance maintained by the City (but not terminate insurance), and provide Operator with updated Exhibit F. Section 10. Indemnification: In consideration of allowing Operator to occupy the Leased Premises, Operator ( "Indemnitor ") shall fully indemnify, defend, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Operator's performance under this Lease; (ii) Operator's occupancy of the Leased Premises and any and all activities associated with the Operator's use of the Leased Premises under this Lease; (iii) the violation by Operator, its officers, employees, agents, contractors, subcontractors or representatives of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (iv) the exercise of rights under this Lease; or (v) an act or omission on the part of Operator, its officers, employees, agents, contractors, subcontractors or representatives pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence oflndemnitees, or any of them, but not if caused by the sole negligence oflndemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Operator covenants and agrees that, if any of the lndemnitees is made a party to any litigation against Operator or in any litigation commenced by any party, other than Operator relating to this Lease, Operator shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend any of the lndemnitees in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim, or action. Section 11. Assignment and Subleasing: 11.1 Assignment by Operator. Neither party may assign this Agreement without the prior written approval of the other party. City Council approval is required for the assignment of the lease by Operator. Any such approved assignment shall not relieve Operator or Operator's authorized assignees from liability under this Iease. 11.2 Subleases. Operator shall not sublease all or any part of the Leased Premises without prior written approval of the City Manager. 11.3 Mortgages. Operator shall not mortgage, encumber or pledge the leasehold interest under this lease without prior written approval of the City Manager. Operator may not incur debts or obligations on the credit of the City. 11.4 Approvals by City. The approval by City or the City Manager of any of the acts specified in this section shall not be unreasonably withheld and shall not relieve Operator or Operator's authorized assignee, transferee or subtenant from liability under this Lease. Section 12. Repairs and Operator improvements: 12.1 Repairs in Ordinary Course. As mentioned in Section 7, Operator shall be responsible for repairs and maintenance of the Leased Premises, with costs of such repairs to be included as Operating Expenses of the Golf Courses. However, subject to appropriation of funds, in the case of ordinary wear and tear to improvements, City may choose to make general repairs and replacement, at its expense, any damage to the buildings and other real property improvements and fixtures (other than those caused by the Operator, agent or employee). 12.2 Operator Caused Repairs. All costs of repairs and replacements with respect to the buildings attributable to the negligence of Operator, his agents or employees shall be borne by Operator and not included as Operating Expenses of the Golf Courses for purposes of calculating the Net Cash Flow From Operations Capital improvements or additions to buildings by Operator must be approved in advance by the City Manager, and subject to Operator's compliance with bonding requirements of Chapter 2253, Texas Government Code, as may be amended, and subject to compliance with insurance requirements of Risk Manager. Ownership thereof shall revert to the City upon termination of this lease. Section 13. Destruction of Leased Premises: 13.1 Casualty Losses. If a building or other improvements of Leased Premises are damaged by fire, windstorm, flooding, hurricane, or other casualty during the Term, Operator shall give prompt noticethereofto City, and unless Operator elects to terminate this lease in such notice as a result of such casualty loss, City may reconstruct and repair the Leased Premises to at least substantially the same condition as existed prior to such casualty with reasonable due diligence, subject to appropriation of funds for such purpose by the City Council or receipt of applicable insurance payments. City shall use, and Operator shall provide, consulting services to City in connection with any such reconstruction and repair to the Leased Premises. Operator shall be relieved of the obligation to pay rent during the period Leased Premises are not in use by Operator due to such destruction of Leased Premises. 13.2 No Repairs. In the event City elects not to complete such reconstruction and repair of such damage caused by casualty described in Section 13.1, or fails to complete the reconstruction and repair with reasonable due diligence, either party shall have the right to terminate this lease pursuant to this section. If City has received insurance proceeds for the full and replacement value of the building or other improvement for reconstruction and repair of such damage caused by such a casualty and elects not to complete such reconstruction and repair, then a termination as a result of City's election or failure to reconstruct or repair shall be deemed a termination without cause by the City as described in Section 3.4. Also, any such termination shall be effective as of the date upon which such damage or destruction occurred if business has not been conducted in the damaged improvement on the Leased Premises after such date. Section 14. Total or Partial Condemnation: 14,1 Termination Upon Condemnation. In the event the Leased Premises shall be taken by condemnation or the right of eminent domain or conveyed by City under threat of condemnation, then this lease shall terminate as of the date of such taking or conveyance and the rent shall be apportioned and determined as of the date of such termination. 14.2 Partial Condemnation. If a portion of the Leased Premises shall be taken by condemnation or right of eminent domain or conveyed by City under the threat of condemnation so as to render the balance of the Leased Premises unsuitable for the use of Operator, either parry to this lease shall be entitled to terminate this lease by giving written notice of such election within thirty (30) days after Operator has been deprived of possession. If this lease is so terminated, then the rent shall be apportioned and determined as of the date of such termination. 14.3 Condemnation Awards. If any part of the Leased Premises is so taken or condemned, City shall be entitled to receive and retain all sums awarded for the taking of all or any portion of the Leased Premises by condemnation or right of eminent domain or conveyance by City under threat of condemnation, and Operator shall not be entitled to share in such award. Operator shall be entitled to receive and retain, and City shall not be entitled to, any portion of the award made to Operator by court of competent jurisdiction for loss of Operator's leasehold improvements whose costs were not shared by the City_ Section 15. Operator or City Default: 15.1 Operator Default. Any of the following events shall be an event of default by Operator under this lease: (i) if Operator shall fail to pay any installment of the Rent or other sum of money due under this lease when due; (ii) if Operator shall abandon or vacate the Leased Premises; (iii) if Operator shall fail to comply with any term, provision, obligation or covenant of this lease (and shall not cure or correct such failure within fourteen (14) days after written notice of such failure from City to Operator); or (iv) if any proceedings shall be commenced to declare Operator a bankrupt or an insolvent, reduce or modify its debts or obligations or to delay the payment thereof, or if any assignment of its property be made for the benefit of creditors, or if a receiver or trustee be appointed for it or its property or business, then, to the extent permitted by applicable law, City may treat the occurrence of any one or more of the foregoing events as an event of default by Operator. 15.2 Termination Upon Default. If any event of default by Operator shall have occurred, City shall have the right, without further notice or demand of any kind to Operator or any other party, to terminate this lease and repossess the Leased Premises and shall be entitled to recover as damages a sum of money equal to the total of (i) the reasonable cost of recovering the Leased Premises, and (ii) the unpaid Rent and other sums due at the rate herein provided, and to pursue any other rights or remedies provided herein or at law or in equity. 15.3 City Default. In the event City defaults under any provision of this lease, Operator agrees to give City written notice of such default and thirty (30) days to cure such default prior to pursuing remedies against City. However, non- appropriation of funds for any purpose shall not be deemed to be an event of City default with respect to any payment or expenditure obligation of the City. If any event of default by City shall have occurred and not been cured in such time frame, Operator shall have the right, without further notice or demand of any kind to City or any other party, to terminate this lease. Upon such a termination due to City's default, Operator shall be entitled to pursue any other rights or remedies provided herein or at law or in equity. Section 16. Force Majeure: Neither City or Operator shall be liable for delays or failures in performance due to an event of force majeure that is beyond such party's reasonable control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference .by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Operator shall inform the City in writing of an event of force majeure within five (5) business days or otherwise waive this right as a defense. Section 17. Relationship of Parties: This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Operator shall act in an individual capacity as independent contractors, and not as agents, representatives, employees, employers, partners, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 18. Mechanic's Lien: Operator shall not permit any mechanic's, materialman's or similar liens to remain upon the Leased Premises for labor or material furnished to Operator or claimed to have been furnished to Operator in connection with work of any character performed or claimed to have been performed on the Leased Premises or at the direction of or with the consent of Operator. Section 19. City's Right of Access to and Use of the Leased Premises for Utility or Other Construction Work: Operator acknowledges that there are City, utility lines located on or under the Leased Premises. City reserves the right to excavate at the Leased Premises as necessary to repair, replace or maintain such utility lines. Additionally, Operator acknowledges that City may occasionally undertake additional utility or other construction projects which may require City or its contractor to have access to, on, in, above, across, through or under the Leased Premises. City reserves the right to access and construct upon the Leased Premises for City utility or construction project when deemed necessary by the City Manager. In connection with any such access, excavation or construction, City and Operator will cooperate in good faith in planning the timing, location and extent of such activities so as to minimize, to the extent reasonably possible, the adverse effect of such activities on the operations ofthe Golf Courses. City is not responsible to Operator for any damages or loss of revenues which may occur during City construction or utility work on Leased Premises. Section 20. Miscellaneous: 20.1 Utility Charges. All utilities serving the Leased Premises shall be paid by Operator prior to delinquency. 20.2 Successors. All rights and liabilities herein given or imposed upon the respective parties shall extend to and bind the respective successors and assigns of such parties. 20.3 Right of Inspection by City. City, acting through any authorized employee of the City, shall have the right to enter upon the Leased Premises at all reasonable hours for the purpose of inspecting the Leased Premises. Such entrance by City shall never be deemed or held to be an ejection or disposition of Operator, and City shall incur no liability by reason thereof. Operator shall provide the Contract Administrator with keys to the Leased Premises, and a current list of names and phone numbers, for use by the Contract Administrator, in the event of an emergency at the Leased Premises. The Contract Administrator or his authorized designee has the right to enter the Leased Premises during the regular hours of normal operation or at any time in the event of an emergency. 20.4 Publication Costs. Operator shall pay for the cost of publishing the lease description and related ordinance, as required by the City's Charter, in the legal section ofthe local newspaper. 20.5 Construction of Lease and Venue. In the event any provision of this lease shall be held to be invalid or unenforceable, such holding shall not be deemed to affect the validity and enforceability of the remainder of this lease, or of the same provision as applied to other persons or circumstances. This lease shall be construed with the express intention of the parties to it that it shall be valid and enforceable in every respect to the extent permitted by law. By agreement of the parties, any ambiguities in the Lease shall not be construed against the drafter. This Lease is only for the benefit of the City, the Indemnitees and Operator, and no third party has any rights or claims under this Lease or against the City. This lease shall be interpreted according to the Texas laws which govern the interpretation of contracts, and venue lies in Nueces County, Texas, where this lease was entered into and shall be performed. 20.6 Notice and Contract Administrator. Any notice, request, demand, or other communication which, under the terms of this lease or under any statute or other law, must or may be given or made by the parties to this lease, shall be in writing, shall be directed to the contract administrator designated below on behalf of the City, and to the Chief Operating Officer on behalf of the Operator. Such notices shall be sent by hand delivery, established overnight courier service or United States mail, registered or certified mail, postage prepaid, return receipt requested, to the following address of the party to receive notice or such other addresses as may hereafter be designated in writing from time to time by the parties hereto in the manner provided in this paragraph. Any such notice shall be deemed received when actually received as evidenced by written receipt or three days after deposit with the United States mail in accordance with this paragraph. The contract administrator for the City shall be the City Director of Parks and Recreation. The contract administrator for the Operator shall be the Operator's Chief Operating Officer, and Operator reserves the right by written notice to the City to designate Operator's Regional Manager as the contract administrator. Notice to the City shall be sent to: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78401 With copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street Corpus Christi, Texas, 78401. With copy to: City of Corpus Christi Attn: City Manager 1201 Leopard Street Corpus Christi, Texas, 78401. Notice to the Operator shall be sent to: Foresight Corpus Christi Golf, L.L.C. Attn: Chief Operating Officer 512 E. Blanco Road, Suite 100 Boeme, Texas 78006 20.7 Waiver. No provision of this Agreement may be waived orally. The waiver by either party to this lease of any breach of or default under any provision of this lease shall not be deemed to be a waiver of such provision or of any rights as to any subsequent breach or default thereof. The subsequent acceptance of any rental or sums hereunder by City from Operator shall not be deemed to be a waiver of any preceding breach by Operator of any provision of this lease (other than the failure of Operator to pay the particular rental or sum so accepted). The partial performance of any of City's covenants shall not be deemed to be a waiver of any preceding breach or default by City of any provision of this lease. No provision of this lease shall be deemed to have been waived by any party hereto unless such waiver is in. writing and signed by the party charged with such waiver. 20.8 Amendments. No subsequent alteration, amendment, change, deletion, or addition to this lease shall be binding upon City or Operator unless in writing and signed by both City and Operator. 20.9 Compliance with laws. Operator must comply with all applicable laws, regulations, and ordinances of the City, State and Federal governments. 20.10 Contract documents. The fully executed Lease Agreement, the Request for Proposal for Golf Course Management Service (BI- 0060 -10) (the "Request for Proposal"), as amended, and the Operator's proposal shall constitute the contract documents and are incorporated herein by reference. In case of a conflict in any of the teens of the contract documents, first precedence shall be given to the fully executed Lease Agreement; second precedence shall be given to the Request for Proposal, and third precedence shall be given to the Operator's proposal. 20.11 Fiscal Funding. City's payment obligations under this Lease are subject to City's annual budget process. Notwithstanding anything to the contrary herein, The City's obligation to make any payment or expenditure under this Agreement is expressly contingent upon the availability of City funding for each payment item and obligation of the City contained herein. Operator shall have no right of action against the City as regards this Agreement, in the event that the City is unable to fulfill its payment obligations under this Agreement as a result of the lack of sufficient funding. Section 21. Acknowledgement: The parties expressly agree that they have each independently read and understood this lease. By Operator's execution of this lease, Operator acknowledges and understands that this lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. SIGNATURE DATE: , 2010, but effective as of the Effective Date and Possession Date as described above. OPERATOR: FORESIGHT CORPUS CHRISTI GOLF, L.L.C., By: Daniel A. Pedrotti, Jr. President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Daniel A. Pedrotti, Jr. as President of Foresight Corpus Christi Golf, L.L.C., on behalf of such company. Notary Public, State of Texas CITY OF CORPUS CHRISTI ATTEST: By: By: Armando Chapa Angel R. Escobar City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2010, by Angel R. Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This 23 day of September, 2010. BY: Lisa Aguil. ri : ssistant City Attorney For the City Attorney Exhibit A Description of Leased Premises Oso Beach Golf Course, 5601 South Alameda Street, Corpus Christi, Texas 78412, with description of 150.10 acres out of portion of Sections 14, 16 and 17, Flour Bluff & Encinal Farm & Garden Tracts, as recorded in Nueces County Property Records, Volume No. 284, Pages 85- 88, and Volume No. 299, Pages 75 -79. Gabe Lozano Sr. Golf Course, 4401 Old Brownsville Road, Corpus Christi, Texas, 78405, as described in Nueces County Map Records Volume 26 Page 93, with legal description of Cliff Maus Tracts A and B, further described as being a 222.34 acre tract out of Block 18, J.C. Russell Farm Blocks and out of Lots .1,2,3, and 4, Gugenheim and Cohn Farm Lots, Corpus Christi, Nueces County, Texas. O =OSO GOLF COURSE =GABE LOZANO GOLF COURSE LAND BUILDINGS Club House Metal Buildings Terminal Buildings Golf Cart Charging Facility O Steel Building — Golf Carts d Roof repairs O Oso Maintenance Building O Oso Restroom Improvements Restroom Improvements Lozano GC Clubhouse Roof Replace O Oso GC Clubhouse Re -roof O Garage and Storage Building O Club House and Pro Shop O Reroof Pro's House and Po Shop Adjustment for rounding IMPROVEMENTS Irrigation System Landscaping Fence Parking Lot Driving Range Lighting Improv. Other Than Bldgs. Architectural /Engineering Golf course fairway renovation Cart path improvements O Cart path improvements O Irrigation System Airconditioning Unit 92- 93:Cart path improvements Old Brownsville outfall Fencing (96 -97) Septic System Gabe Lozano Cathodic Protection O Cathodic Protection 0 Cart path service road improve. FY99 -00 Gabe Lozano Electrical Upgrade O 1956 -66 Unidentified improvements O Parking Lot O Outside Water Pump Facility 0 Installation of Fence 0 Chainlink Fence O Trees (185) O Ixora Shrubs (25) O Plants (48) O Various Trees (36) 0 Oleanders (804$6.35 undetermined) 0 Various Tees 0 Oleanders (20) 0 Various Trees, bushes and plants 0 Installation of Sanitary Sewer Lateral Line O Palm Trees (45) O Various Trees, bushes and plants 0 Pump System for Irrigation System O 1 -3 Post Fuse Disconnect Switch for Inside Use O Sprinkler System 0 Sprinkler System - Architectural Services 0 Sprinkler System -CPL Installation and Secondary 0 Replacement of Water Line Servicing Club House & Irrig Syst O Flags and Flag Poles 0 Cart Paths 0 San Trap Improvements -Lord and Applegate O Aerial Photography - Espey, Huston and Associates 0 Landscape Architectural Planning — Bechtokl Hoffpaur Golf Course Irrigation Improvements Proj #3266 0 Golf Course Irrigation Improvements Proj #3266 Adjustment for rounding MACHINERY & EQUIPMENT Office Furniture & Equipment Sprinkler Equipment Fuel Storage Tanks Golf Ball Retriever Ball Washers Master Ball Washes Golf Ball Washer Greens Aerator 91 -92: Used 7ft. concrete pathpaver Energy Management System 0 Energy Management System Osborne trailer 0 Odessa Pump Gould 10- vertical turbine 100 O Odessa Pump Gould 7- vertical turbine 100 FY98 -99 Tee Time Management System 0 FY98 -99 Tee Time Management System FY00 -01 Network Catalyst O FY00 -01 Network Catalyst 0 Office Furniture 0 Spreaders, Sprayers & Sprinklers O Shop Equipment 0 Water Coolers (4) O Aerifiers (2) O Greensaire Aerifier- Watson Distr 0 515 Gallon Steel Tank - Freemens Station Mat O Water Cooler -Ajax Supply 0 Electric Water Cooler-Southern Plumbing O Electric Water Cooler -WESCO 0 Electronic Cash Register - Patterson, Inc. 0 3 Electric Water Coolers +Freight - Graybar Electric O (2) 12,000 BTU Air Conditioners - Coolidge - Locher O Equip & Labor for Gas Pump —CC Pump Service 0 60" Rotary Mower -Turf & Irrigation O Install New 550 Gallon Tank-CC Pump 0 Electric Drinking Fountain O Electric Water Cooler -Stnd Pimb 0 2 Ryan Vertical Mowers- Watson 0 Electronic Cash Register- Braswell O 5 Gallon Water Cooler -Ajax Supply 0 12,000 lb Trailer -Made in House O 100 Gallon Sprayer -($500 retained for handgun) - Goldwaites Zimmerer Kubota Tractor L3430HST -F 29HP Turf Tiger SN- A6501193 (Vehicle w /fiat bed) O 29HP Turf Tiger SN- A6501193 (Vehicle w /flat bed) 55 Golf Carts — FY08 — Ez Go O 55 Golf Carts— FY08 —Ez Go 15 Golf Carts — FY08 -- Ez Go O 15 Golf Carts — FY08 — Ez Go Green Terra Spike G6163" 0953TC 997 Z -Trak (mowers) SN -- DM997SCO23576 O 0953TC 997 Z -Trak (mowers) SN — DM997SCO23579 Green Mower, SN- TC250BG020032 Fairway Mower, SN- TC3225C040405 Trim and Surronds Mower SN- TC2653T020151 Utility Tractor 4WD SN- PY5203U006953 O Green Mower SN- TC250BG020034 O Fairway Mower SN- TC3225C040400 O Trim and Surronds Mower SN- TC2653T020074 1600 Turbo Series 11 Comm. Wide (mower) SN- TC1600T060770 1400TC ProGator 2020A; cargo loader/haul SN- TC2020AT020525 HD300 Sprayer; chemical loader trk; SN- TC300GX020037 Ultra greens roller. Turf smoother SN -T2586 410 2 valve man htd wlpp SN- 41027408 ITT Flowtronex model 11 CLC -6; 850 GPM at 273 PSI Exhibit B Performance Standards Maintenance Standards: These maintenance standards shall serve as a guideline for maintenance of the golf courses. Each item identified, quantified and or qualified herein, is based upon our maintenance standards in place at our other Texas golf courses. GREENS tw Mow a minimum of six times per week during the active growing season. In the winter, mow as needed to manage limited growth. • Putting speed to be maintained at a reading, which will provide a fair and consistent putting surface for all golfers. • Mowing heights in general to be bench set between 0.125" and 0.145". Heights may be temporarily adjusted during the aerification healing process and over- seeding process. ✓ Light verticutting and/or grooming will be performed as required to reduce grain and manage thatch buildup on greens. le Light and frequent topdressings will be applied to smooth the putting surface and control thatch buildup. • Fertilization and other chemical applications will be employed to maintain healthy turf. Pin placements will be rotated daily throughout the active growing season. • Aerification will be performed at least once per year and will be timed to gain maximum agronomic benefits. • Irrigation program will consist of deep and infrequent watering with supplemental hand watering when necessary. COLLARS • Mow three times per week during the active growing season. • Mowing height 0.4" to 0.75 ". APPROACHES • Mow three times per week during the active growing season. fi Mowing height 0.4" to 0.75 ". r Aerification will be performed once per year. • Spiking will be performed as needed • Irrigation program will be similar to greens. • Topdressings will be applied as needed throughout the season. • Fertilization and other chemical applications will be similar to greens. TEES • Mow three times per week during the active growing season. • Mowing height 0.4" to 0.75" • Aerification will be performed at least once per year. • Tee markers will be rotated daily throughout the active growing season. Topdressings and divot filling will be applied as needed throughout the season. Light vertical mowing will be performed throughout the season. Fertilization and other chemical applications will be employed to maintain healthy turf. • Irrigation program will consist of deep and infrequent watering with supplemental hand watering when necessary. FAIRWAYS • Mow a minimum of three times per week during the active growing season. ✓ Mowing height 0.4" to 0.75" • Fertilization and other chemical applications will be employed to maintain healthy turf. Irrigation program will consist of deep and infrequent watering with supplemental hand watering when necessary. CART PATHS • Concrete paths will be edged regularly to provide a defined edge and clean appearance. • Gravel paths will be graded when needed. ROUGH • Mow two times per week during the active growing season. Mowing height at 1" to 1.5" • Fertilization applications will be employed to maintain healthy turf. it Irrigation will be performed to ensure an adequate supply of moisture for turfgrass growth. • Signage, paint lines, and other barriers will be used where necessary to control cart traffic. • Aerification and or spiking will be performed as needed during the active growing season. BUNKERS • Raked daily • Depth of sand will be checked and maintained on a regular basis. • Depths: Maintain adequate and appropriate levels of sand in the sand bunkers. iv Weeds and rocks will be removed as needed on a daily basis. Tree root removal provided as needed. • Bunker edges will be mowed weekly. rg Bunker edges will be edged as needed to maintain a clean bunker line. • Bunker rakes will be placed inside the bunkers in an accessible location. They will be checked on a regular basis and maintained in good condition. PRACTICE AREAS Driving Range fairway will be mowed two to three times per week during the active growing season. E. Driving Range tee will be mowed three times per week during the active growing season at fairway height. Maintenance of worn areas on the practice tee will be performed weekly to repair areas in use the previous week. • Driving Range tee set -up will be moved daily. Chipping and Putting areas will be maintained similar to golf course. Fertilization and other chemical applications will be employed to maintain healthy turf. I Irrigation program will consist of deep and infrequent watering with supplemental hand watering when necessary. GENERAL DUTIES • Entry Road will be maintained and policed regularly for trash. • Parking Lot will be maintained and checked regularly for debris and trash. • Landscaping shall be weeded and kept in good repair • Staging areas for golf will be blown off as needed to maintain a good appearance. • Bathrooms on the golf course will be cleaned every day. Financial Performance Standards: The Director of Parks and Recreation and Operator will set out financial performance goals and objectives prior to the Possession Date for the initial year of the Agreement, and at each Annual Review thereafter. These standards will be based in part on the performance over the prior twelve (12) month period and in part based on the plans, including the marketing plans such as direct mail advertising and other advertising techniques, outreach projects such as establishing golf leagues, and other special projects at the Leased Premises such as increased tee areas, enlarged greens or improved drainage, for the coming twelve (12) months. The basis for comparison will be the budget for the Operating Expenses of the Golf Courses for the twelve (12) month period ending with the Annual Review and the budget for the coming twelve (12) months. As stated in Section 6.6, prior to Possession Date, Operator shall develop and prepare a proposed operating budget for operations of the Golf Courses for the initial twelve (12) month period following the Possession Date, which budget will be attached as part of this Exhibit B. At each Annual Review, Operator will propose and explain such a proposed budget for the coming twelve (12) months, and the Director of Parks and Recreation will collaborate with Operator in establishing the final budget for the coming twelve (12) months. Customer Satisfaction Standards: Customer satisfaction will be assessed at least annually at the Annual Review. Operator will employ customer satisfaction assessment tools with respect to the operations of the Golf Courses such as written customer surveys obtained during or immediately follow play on the Golf Courses, electronic customer surveys with incentives to complete and return the survey and verbal customer surveys conducted by Operator team members immediately following play on the Golf Courses. The assessment tools may vary through the Term as the relationship between Operator, City and the golf constituency matures. All parties to this Agreement agree that customer satisfaction is paramount to the operations of the Golf Courses as provided for in this lease. It is further agreed that customer satisfaction is a dynamic and challenging factor to assess precisely and consistently. Therefore, the Director of Parks and Recreation and Operator will review at each Annual Review the assessment tools and other techniques employed by Operator throughout the Term of this Agreement. The results of the customer satisfaction assessments will be documented and to the extent agreed by Operator and the Director of Parks and Recreation the operations of the Golf Courses will be adjusted to optimize customer satisfaction. Exhibit C Schedule of Green Fees* A. Weekday Green Fees 18 holes $ 17.25 18 holes mid - aftemoon (after 10:00 a.m.) $ 14.25 Twilight (starts after 1:00 p.m.) $ 11.25 18 holes Senior (over age 60) $ 12,50 18 holes Junior (age 18 and under) $ 8.00 Executive 9 $ 8.75 Executive 18 (twice around Executive 9) $ 12.75 Executive 9 Junior (age 18 and under) $ 5.00 Executive 18 Junior (age 18 and under) $ 6.00 Marshal (Off peak) $ 1.00 B. Weekend /Holiday Green Fees 18 holes $ 19.75 18 holes mid - aftemoon (after 10:00 a.m.) $ 16.75 Twilight (starts after 1:00 p.m.) $ 13.75 18 holes Junior (age 18 and under) $ 8.00 C. Discount monthly punch cards for Weekday Golf (12 green fees for price of 10 green fees — residents only) 18 holes Twilight (starts after 1:00 p.m.) 18 holes Senior (over age 60) D. Junior Monthly Card -- (residents only) Weekdays all day (weekends after 10:00 a.m.) Regular Monthly Card — (residents only) Weekdays all day (weekends after 10:00 a.m.) Senior Monthly Card — (residents only) Weekdays all day (weekends after 10:00 a.m.) E. Golf cart rental rates Non - Player Cart 9 holes Half Cart 18 holes (Half Cart) 18 holes (full cart) Marshal (Off Peak) F. Range balls — small Range balls — large Range balls — Jumbo Range balls — Marshal $ 172.50 $ 112.50 $ 125.00 $ 65.00 $ 140.00 $ 15.75 $ 8.50 $ 12.00 $ 22.75 $ 1.00 $ 4.00 $ 6.25 $ 8.50 $ 1.00 G. Pull cart rentals -- 9 holes Pull cart rentals —18 holes H. Golf set rentals — 9 holes Golf set rentals —18 holes 1. Youth golf camps J. Identification card for advance tee time access $ 1.50 $ 3.00 $ 6.50 $ 10.00 $ 50.00 $ 5.00 K. Golf Promotional Programs The Park and Recreation Department is authorized to conduct golf marketing promotions, at various times during the year, at both municipal courses. Cost recovery will not exceed 40% of the cost of youth programs, with regard to the golf marketing promotions, other than as applied to the Latchkey program L. Golf Items A and B (Green fees) include a $1.50 Capital Projects Surcharge (surcharge) for 18 holes ( "18 Hole," Mid - afternoon, Twilight, and Executive 18) and a $1.00 surcharge for Juniors and Seniors. A surcharge of $.75 is included for non - Juniors for 9 holes on the Executive course and $.50 for Juniors. Golf. Item C includes a $15.00 surcharge for the regulation 18 and Twilight, a $10.00 surcharge for seniors, a $7.50 surcharge for the Executive 9, and a $15.00 surcharge for the Executive 19. Golf Item D includes a $10.00 surcharge. Golf Items C and D are available to golfers living in Corpus Christi city limits with driver's license verification. Golf Items E, F, G, H, and J include all applicable sales taxes. *Operator shall also collect applicable sales taxes on the fees listed in this Exhibit C. Exhibit D Capital Improvement Proiects Annually, the City of Corpus Christi adopts a Capital Budget and Capital Improvements Planning Guide. The purpose of the Capital Improvement Program (CIP) is to identify, prioritize, and construct projects that are needed to enhance or maintain the quality of life expected by the citizens of Corpus Christi. Project priorities and project funding are constantly monitored throughout the fiscal year to ensure there is adequate funding for critical projects and all voter - approved projects are completed in a timely manner. As stated in Section 8.2, prior to Possession Date, the parties shall agree to a replacement Exhibit D which identifies the initial proposed capital improvement programs for the Golf Courses, including a description and budget for each such project. EXHIBIT E INSURANCE REQUIREMENTS 1. GOLF COURSE OPERATOR'S LIABILITY INSURANCE A. Golf Course Operator shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Golf Course Operator must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Golf Course Operator shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a blanket waiver of subrogation in favor of the City is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- renewal, material change or termination required on all certificates and policies Bodily Injury and Property Damage Per occurrence / aggregate BROAD COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products) Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Herbicide, Pesticide & Fertilizer application & storage including pool chemical coverage 8.. Removal of employee vs. employee exclusion $1,000,000 COMBINED SINGLE LIMIT BUSINESS AUTOMOBILE LIABILITY -- OWNED, NON -OWNED or RENTED $500,000 COMBINED SINGLE LIMIT GOLF COURSE PROPERTY COVERAGE to include: 1. Tee to green coverage 2. Club Maintenance equipment and Golf Carts If applicable ACTUAL CASH VALUE Property Insurance Golf Course Operator will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. CRIME AND FIDELITY COVERAGE if applicable $25,000 WORKERS' COMPENSATION to include Alternate Employer endorsement EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $100,0001$500,0001$100,000 C. In the event of accidents of any kind, Golf Course Operator shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 11. ADDITIONAL REQUIREMENTS A. Golf Course Operator must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Golf Course Operator's financial integrity is of interest to the City; therefore, subject to Golf Course Operators right to maintain reasonable deductibles in such amounts as are approved by the City, Golf Course Operator shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Golf Course Operator's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Golf Course Operator shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Golf Course Operator shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Golf Course Operator agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Golf Course Operator shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Golf Course Operator's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Golf Course Operator's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Golf Course Operator to stop work hereunder, and /or withhold any payment(s) which become due to Golf Course Operator hereunder until Golf Course Operator demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property resulting from Golf Course Operator's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Golf Course Operator's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2010 Golf Course Lease Agreement insurance requirements 9 -21 -10 ep Risk Mgmt. _17.2_ aaUBmsu! papinoJd 40 dl!q "pE MANAGEMENT AGREEMENT Foresight Corpus Christi Golf, L.L.C. This Management Agreement (this "Agreement ") is made and entered into by and between The City of Corpus Christi, a Texas home rule municipality (referred to as the "City" or as "City ") and Foresight Corpus Christi Golf, L.L.C. ( "Operator "), a Texas limited liability company and wholly owned subsidiary of Foresight Golf, L.L.C., a Texas limited liability company, for the purposes described below. City is the owner of that real and personal property equipment described in Exhibit A attached hereto and incorporated herein by reference located in Corpus Christi, Nueces County, Texas, commonly known as The Oso Beach Golf Course and The Gabe Lozano Sr. Golf Course (the "Golf Courses "). City and Operator have identified tenns and provisions of a Lease Agreement providing for the lease of the Golf Courses to Operator and operation of the Golf Courses by Operator pursuant to the terms thereof, a copy of which is attached hereto as Exhibit A and incorporated by reference (the "Lease Agreement "). The Lease Agreement is pending final approval by the City Council of the City. City desires to obtain the Operator's services to manage and oversee operation of the Golf Courses pending the Possession Date as defined in the Lease Agreement, and Operator desires to serve as manager of the Golf Courses. City and Operator covenant and agree as follows: Section 1. Management and Term: Operator shall manage the day -to -day operations of the Golf Courses for the term of this Agreement, unless sooner terminated in accordance with the provisions of this Agreement (the "Management Term "). If the Lease Agreement is not finally approved by the City Counsel and fully effective by the Possession Date, then Operator may terminate this Agreement upon thirty (30) days prior written notice to the City. The Agreement shall take effect upon signature by the City Manager. Term: The term of this agreement shall commence within thirty (30) days of City Council approval, with specific starting date to be agreed to in writing by the City Manager and the Operator Chief Financial Officer. The term of this agreement shall end on the Possession Date as defined in the Lease Agreement, which is defined as February 1, 2011. Section 2. Operations: During the Management Term, Operator shall manage the operations of the Golf Courses so as to cause such operations to comply with the operating provisions set forth in Section 5, Section 6 and Section 7 of the Lease Agreement. Provided however, Operator shall not collect revenues or install Operator's point of sale accounting system, shall not maintain books and records nor provide financial reports, and shall not transition City employees, golf course staff to the employment of Operator until the Possession Date. City employees assigned to the golf courses during the Management Term shall be under the direct supervision of a City employee designated to Operator in writing by the Director of Parks and Recreation ( "City Supervisor "). The City Supervisor shall coordinate with Operator regarding workflow and golf course related operations to be performed by City employees. City shall be responsible for administering City policies to the City employees. Section 3. Compensation: During the Management Term, City will receive all revenue generated by the operations of the Golf Courses and bear all expenses of such operations in accordance with the past operations of the Golf Courses by the City. As compensation for management services rendered, City shall pay to Operator a management fee equal of Twelve Thousand Dollars ($12,000.00) per calendar month during the Management Term prorated for any partial month. Section 4. Revenues and Expenditures: All revenues from operations will be deposited into City accounts under the control of the City, and expenditures for costs and expenses of the Golf Courses shall be made by the City in accordance with past practices or as the City may otherwise agree in response to suggestions from Operator. Section 5. Insurance: At all times during the Management Term, the City shall maintain its insurance coverage on the assets and operations of the Golf Courses in accordance with past practices, and Operator shall maintain general Iiability insurance covering Operator's management activities. Operator shall comply with the attached insurance exhibit. Section 6. Limitations on Operator Authority: Operator is not authorized to take, and will not take any actions prohibited by the terms of the Lease Agreement without prior consultation and written approval of the City Director of Parks and Recreation. Section 7. Default and Notice: If either party defaults in the performance of any term of this Agreement and fails to cure such default within fourteen (14) days after receipt of written notice from the other party specifying such default, then the non - defaulting party may terminate this Agreement, without prejudice to any other rights or remedies such non - defaulting party may have under this Agreement or otherwise at law or in equity. 2 —175— Section 8. Notice: Any notice given under this Agreement, shall be in writing and shall be directed to the contact for the party at the address of the party as set forth below. Any such notice shall be deemed received when actually received as evidenced by written receipt or three days after deposit with the United States mail in accordance with this paragraph. Notice to the City shall be sent to: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78403 With copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street Corpus Christi, Texas 78403. With copy to: City of Corpus Christi Attn: City Manager 1201 Leopard Street Corpus Christi, Texas 78403. Notice to the Operator shall be sent to: Foresight Golf, LLC Chief Operating Officer 512 E. Blanco Road, Suite 100 Boeme, Texas 78006 Section 9. No Waiver: The waiver by City or Operator of any breach of any term, covenant or condition of this Agreement by the other party shall not constitute a waiver of any succeeding breach in the same or any other term, covenant or condition of this Agreement. No provision of this Agreement shall be deemed to have been waived by any party unless such waiver is in writing and signed by the party charged with such waiver. Section 10. Independent Contractor: 3 —176— Operator shall perform under this Agreement as an independent contractor and shall maintain complete control over the method of performing the management services provided under this Agreement. Nothing contained in this Agreement shall be deemed to create, and the parties do not intend to create, any partnership or joint venture. Each of the parties shall have the unrestricted right to engage in and receive the full benefits of any other business ventures of any sort whatever, whether or not competitive with the Golf Courses. Section 11. Indemnification. Operator ("Indemnitor") shall fully indemnify, defend, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Operator's performance under this Agreement; (ii) the violation by Operator, its officers, employees, agents, contractors, subcontractors or representatives of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Agreement; ON the exercise of rights under this Agreement; or (iv) an act or omission on the part of Operator, its officers, employees, agents, contractors, subcontractors or representatives pertaining to this Agreement, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of lndemnitees, or any of them, but not if caused by the sole negligence of lndemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Operator covenants and agrees that, if any of the lndemnitees is made a party to any litigation against Operator or in any litigation commenced by any party, other than Operator relating to this Agreement, Operator shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend any of the Indemnitees in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim, or action. Section 11. Entire Agreement: This Agreement and the incorporated provisions of the Lease Agreement constitute the entire agreement between the parties relating to the management of the Golf Courses, and there are no oral agreements or undertakings among the parties. This Agreement may not be assigned by either party without the prior written consent of the other party. DATED: THE STATE OF TEXAS § COUNTY OF NUECES § , 2010. OPERATOR FORESIGHT CORPUS CHRISTI GOLF, L.L.C. By: Daniel A. Pedrotti, Jr.. President This instrument was acknowledged before me on , 2010, by Daniel A. Pedrotti, Jr. as President of Foresight Corpus Christi, L.L.C., on behalf of such company. Notary Public, State of Texas CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa City Secretary Angel R. Escobar City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2010, by Angel R. Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This a 3 day of By: Lisa Agu iI Assistant City Attorney For the City Attorney , 2010. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TEN (10) YEAR LEASE WITH FORESIGHT CORPUS CHRISTI GOLF, L.L.C. WITH OPTIONS TO RENEW AN ADDITIONAL TEN (10) YEAR TERM, AND THEN AN ADDITIONAL FIVE (5) YEAR TERM, FOR THE USE OF GABE LOZANO SR. GOLF COURSE AND OSO BEACH GOLF COURSE FOR ANNUAL RENTAL PAYMENTS OF ONE -HALF OF NET CASH FLOW FROM OPERATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a ten (10) year lease with Foresight Corpus Christi Golf, L.L.C. with options to renew for an additional ten (10) year term, and then an additional five (5) year term, for the use of Gabe Lozano, Sr. Golf Course and Oso Beach Golf Course, in consideration of annual rental payments of one -half of net cash flow from operations. A copy of the contract shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,-word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This contract takes effect on the 61st day following City Council approval. H:\LEG- DIR \Lisa12010 Ordinance110 year golf course lease.doc —180— 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 G. Leal Chris N. Adler John E. 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 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 Joe Adame City Secretary Mayor APPROVED as to form: Jciff. 2'2-, ?rO/ O By: City Attorney for the City Attorney Lisa Aguil ar, sistant 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 36 REGARDING FEES ESTABLISHED BY GOLF COURSE OPERATORS UNDER LEASE WITH THE CITY FOR OPERATION OF CITY GOLF COURSES; 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. That City Code of Ordinances, Chapter 36, Parks Recreation Cultural and Leisure Time Activities, Article!, Section 36 -7 is amended to read as follows: "Sec. 36 -7. Recreation fees and charges. The parks and recreation director shall prepare a list of recreation fees and charges for the public use of tennis courts, swimming pools, recreation centers, athletic fields and other city -owned facilities. Fees for the use of athletic fields shall be charged relative to participation in city - sponsored league play. This schedule of fees and charges shall be submitted to the city manager for approval, and be reviewed on an annual basis. Such charges shall bear a reasonable relation to current rates charged for similar commercial facilities so as to neither be excessive or grossly deficient by comparison; provided, however, all such fees, but not including adult softball league fees and charges for athletic fields, shall not increase annually by more than twenty -five (25) per cent and fees for organized youth activities shall not exceed a level which would recover forty (40) per cent of the estimated total cost, nor shall new fees be created, without city council's approval by motion or resolution. The approved schedule shall be filed with the city secretary and copies shall be provided to the city council. Specific fees, however, may be adjusted at any time, and the parks and recreation director shall have the authority to negotiate special fees for special situations. This section is not applicable to golf course fees established by golf course operators under lease with the City for operation of the City golf courses. (Ord. No. 20377, § 1, 7 -12 -1988; Ord. No. 22305, § 2, 7 -25 -1995) 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. Chapter 36 —182— 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 G. Leal Chris N. Adler John E. 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 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 Joe Adame City Secretary Mayor APPROVED as to form: . Z01.-) By: OK- 44-7 Lisa Aguila , ssistant City Attorney for the City Attorney 13 NO ATTACHMENT FOR THIS ITEM 14 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION September 28, 2010 AGENDA ITEM: Presentation of Status Update on Mary Rhodes Phase 2 Pipeline CITY STAFF PRESENTER(S): Name Title Dept/Division 1. Pete Anaya. P.E. Director Engineering Services 2. Gustavo Gonzalez, P.E. Director Water Department 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Ron Guzman, P.E. Principal Freese- Nichols 2. Anne Carrell, P.E. Project Manager Freese - Nichols 3. ISSUE: This project will update the Council on the current status and future work required for this project. REQUIRED COUNCIL ACTION: This presentation is for informational purposes only and no action is required. Pete Anaya, P. E., Director of Engineering Services 0 V a) 0 L a C 0 o r-, '- o U C D 0 U N _o E N cn N 0 V CU 0 CU t E O 0 0 O au 0 M w '1, co s a. r-I 0 0 c co cu E c O E Q E E •X >. 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Pete Anaya. P.E. Director Engineering Services 2. Foster Crowell Director Wastewater Dept. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. William Causey, P.E. Project Manager Corollo Engineering 2. Dan Lyendecker, P.E. Principal LNV, Inc 3. ISSUE: This project will update the Council on the current construction status of this project. REQUIRED COUNCIL ACTION: This presentation is for informational purposes only and no action is required. I Pete Anaya, P. 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