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Agenda Packet City Council - 01/31/2012
4PI€OPi 11:45 A.M. — Proclamation declaring February 6 -10, 2012 as "National School Counseling Week" • Proclamation declaring February 28, 2012 as "IHOP's National Pancake Day and Shriners Hospitals for Children's Day" Proclamation declaring February, 2012 as "Habitat for Humanity - Corpus Christi Month" Recognition of Kevin Kieschnick for service as City Council Member District 1 2009 -2011 Swearing -in ceremony of newly appointed Council Member District 1 John Kelley Allen Swearing in ceremony of newly appointed board, commission and committee members AGENDA CiTY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JANUARY 31, 2012 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CiTY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitedo, habra un interprete ingles- espanol en todas las . juntas del Concilio pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Chris N. Adler Council Members: John Kelley Alien Larry Elizondo, Sr. Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting January 31, 2012 Page 2 E. MINUTES: 1. Approval of Regular Meeting of January 24, 2012. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Animal Control Advisory Committee 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.) - Approval to adjust or relocate pipelines in Citv right -of- way = for Mckinzie Road Improvements Prolect a. Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Kinder Morgan Tejas Pipeline, LLC, in the amount of $252,454 to adjust or Agenda Regular Council Meeting January 31, 2012 Page 3 relocate its pipeline amenities to clear city right -of -way on Mckinzie Road from the Lyondell Plant to Haven Drive. (Attachment # 3) b. Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Enerfin Field Services, LLC, in the amount of $126,655.38 to adjust or relocate its pipeline amenities to clear city right -of -way on Mckinzie Road from the Lyondell Plant to Haven Drive. (Attachment # 3) c. Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Equistar Chemicals, LP in the amount of $29,873 to adjust or relocate its pipeline amenities to clear city right -of -way on Mckinzie Road from the Lyondell Plant to Haven Drive. (Attachment # 3) 4. Approval of landscaping and irrigation along Brawner Parkway Ditch resulting from Kostoryz Road Improvements Project, Phase 1 Motion to execute Change Order No. 4 with Texas Sterling Construction Co. in the amount of $72,407.21 for the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook for the installation of Brawner Ditch Irrigation System and Landscaping. (BOND 2008) (Attachment # 4) 5. Funding agreement with TXDOT for future improvements to Williams Drive including design and construction Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for a Metropolitan Mobility /Rehabilitation Project Off - System for the Williams - Drive- Improvements, Phase 3; from Staples - Street to Airline Road. (Attachment # 5) 6. Approval of City Redistricting Plan Second Reading Ordinance - Approving the redistricting of the City's Single- Member Council Districts and establishing new district boundary lines based on 2010 Census data for Corpus Christi City Council elections; directing the City's Redistricting Agenda Regular Council Meeting January 31, 2012 Page 4 Consultant to submit to the adopted plan for preclearance under Section 5 of the Federal Voting rights act; and providing an effective date. (First Reading 1/24/12) (Attachment # 6) I. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss . any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. • Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding Cause No. 8- 11- 6088CV -B styled City of Ingleside, Texas vs. City of Corpus Christi, Texas presently pending in the 156th District Court of San Patricio, County with possible discussion and action in open session. • Executive session pursuant to Section 551.071 (1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving street lighting issues within the City of Corpus Christi with possible discussion and action in open session. J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 7. Approval of amendment to the Professional Services Contract foi= design improvements based on airport taxiway utilization study. Motion authorizing the City Manager or designee to execute Amendment No. 5 to the Professional Services contract with KSA Engineers, Inc. of - Longview, Texas, in the amount - of $100,000.00 for a restated not to exceed contract fee of $2,145,416.95 for the Corpus Christi International Airport Infield Taxiway Connectors /Runway 17 -35 Project (Supplemental services for Task Order No. 3). (Attachment # 7) Agenda Regular Council Meeting January 31, 2012 Page 5 8. Approval of design and construction contracts to reduce ammonia discharge at Oso Water Reclamation Plant a. Motion authorizing the City Manager or designee to execute a construction contract with CSA Construction, Inc., of Houston, Texas in the amount of $6,311,200 for the Oso Water Reclamation Plant Belt Press Facility Project for Parts A, B, C and D. (Attachment # 8) b. Motion authorizing the City Manager or designee to execute Amendment No. 2 to a Professional Services Contract with LNV, Inc., of Corpus Christi, Texas in the amount of $247,395 for a restated fee of $847,054 for construction observation and related services associated with the Oso Water Reclamation Plant Belt Press Facility Project. (Attachment # 8) 9. Approval of Professional Architectural Services Contract to construct a Public Safety Warehouse for Police Department a. Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation in the No. 3350 Public Health and Safety Capital Improvement Project Fund; and changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $500,000. (Attachment # 9) b. Ordinance changing the FY2011 -2012 Capital Budget adopted by Ordinance No. 029135 by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project for the Police Department. (Attachment # 9) c. Motion authorizing the City Manager or designee to execute a Professional Services Contract with LaMarr Womack and Associates, L.P., of Corpus Christi, Texas, in the amount of $147,141 for the Public Safety Warehouse (Police) Project. (Attachment # 9) Agenda Regular Council Meeting January 31, 2012 Page 6 L. FIRST READING ORDINANCES: 10. Approval of funding for ioint Homeland Security Program First Reading Ordinance — Appropriating $140,869.80 from Nueces County for funding eligible under FY2010 Department of Homeland Security Grant Program Operation Stonegarden Grant in the No. 1061 Police Grants fund to reimburse fuel, overtime, fringe benefits and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) United States Highway 77 and State Highway 44. (Attachment # 10) M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. FUTURE AGENDA ITEMS: 11. Purchase of food items for Elderly Nutrition Program Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -12 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $172,625.43. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or designee. Funds are available through the Meals on Wheels grant. (Attachment # 11) LaBatt Food Service Corpus Christi, Texas 140 line items $79,724.63 Performance Food Group Victoria, Texas 105 line items $92,900.80 Grand total: $172,625.43 Agenda Regular Council Meeting January 31, 2012 Page 7 12. Purchase of wastewater chemicals for operations Motion approving supply agreements with Polydyne, Inc. of Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater treatment plants in accordance with Bid Invitation No. BI- 0030 -12, based on only bid for an estimated twelve month expenditure of $157,412 of which $78,706.02 is required for the remainder of FY2011 -12. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Wastewater Department in FY2011 -12. (Attachment # 12) 13. Acceptance of State .grant for Tuberculosis Prevention and Control a. Resolution authorizing the City Manager or designee to accept a grant of $61,735 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and execute all related documents; and to ratify acceptance of the grant to begin as of January 1, 2012. (Attachment # 13) b. Ordinance appropriating a grant of $61,735 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. (Attachment # 13) 14. Approval of Memorandum of Agreement for effluent water for NASCC Resolution authorizing the City Manager or designee to execute a Memorandum of Agreement with the United States Naval Air Station, Corpus Christi, Texas (NASCC) to provide Type II reclaimed water service to irrigate the on -base Gulf Winds Golf Course. (Attachment # 14) 15. AA rovai of requested modifications from tenants for airport facilities Motion authorizing the City Manager or designee to execute Change Order No. 3 to the Construction Contract with Barcom Commercial, Inc. of Corpus Christi, Texas, in the amount of $119,578.83 for a restated not to exceed contract fee of Agenda Regular Council Meeting January 31, 2012 Page 8 $3,416,939.48 for the Corpus Christi International Airport Terminal Rehabilitation /Federal Inspection Station Project. (Attachment # 15) FUTURE PUBLIC HEARINGS: 16. Zoning change for property located at 129, 133, 137, and .141 Osage Street from residential to industrial Zoning Case No, 1011 -01, Humberto Avalos: A change of zoning from the "RM -3" Multi- family 3 District to the "IL" Light Industrial District, resulting in a change of future land use. The property to be rezoned is Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of Agnes Street, west side of Osage Street. (Attachment # 16) Planning Commission and Staffs Recommendation: Denial of the "IL" Light Industrial District. 17. Amending 2008 Consolidated Annual Action Plan to reallocate funding a. Public hearing to receive public comments regarding an amendment to the FY08 Consolidated Annual Action Plan (CAAP) approved by the United States Department of Housing and Urban Development (HUD) by reallocating funding from FY08 Community Development Bloc k Grant - Recovery (CDBG -R) Administration Costs to the CDBG -R approved project for Neighborhood Centers. (Attachment #17) b. Motion to authorize the City Manager or designee following the conclusion of the public comment period required by the United States Department of Housing and Urban Development (HUD), to amend the FY08. Consolidated Annual Action Plan (CAAP) by reallocating $33,463.22 from the Community Development Block Grant- Recovery Administration Costs to Neighborhood Centers and to execute all . necessary documents with HUD and Neighborhood Centers as may be required to complete the project. (Attachment # 17) Agenda Regular Council Meeting January 31, 2012 Page 9 UPDATES TO CITY COUNCIL: 18. Street Maintenance Finance Ad Hoc Advisory Committee Final Presentation and Recommendations (To be considered at approximately 1:30 p.m.) (Attachment if 18) N. PUBLIC COMMENT ON NON- AGENDA OR AGENDA RELATED MATTERS 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: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. . CITY MANAGER'S COMMENTS: Update on City Operations 1 Agenda Regular Council Meeting January 31, 2012 Page 10 P. 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 S1,3 (:) p.m., on January 26, 2012. 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. MINUTES City of Corpus Christi, Texas Regular Council Meeting January 24, 2012 - 12 :00 p.m. Present: Mayor Joe Adame Council Members: Chris Adler Larry Elizondo Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Joe Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Deacon Michael Mantz, Diocese of Corpus Christi and the Pledge of Allegiance to the United States Flag was led by Council Member Larry Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the Regular Council meeting of January 17, 2012. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS The council made the following reappointments and new appointments to the city's boards, commissions and committees: Commission on Children and Youth Denise Etheridge Michael D. Huddleston Antonio Illas Mechanical /Plumbing Advisory Board Gilbert Canales Stacy Gallagher Ronald Klepac James E. Mokry, Jr. Sean M. Rodriguez CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 5). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 24, 2012 Page 2 3. MOTION NO. 2012 -015 Motion authorizing the City Manager or designee to execute a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $65,492 for Airline Road from Saratoga Boulevard to Rodd Field Road. (Bond 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 4. MOTION NO. 2012 -016 Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in the amount of $452,900 for the Greenwood Wastewater Treatment Plant Improvements 2011 for Part A Air Transmission Main Re- Routing and Part B Electrical Control Room. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". 5. ORDINANCE NO. 029359 Amending Chapter 26, Code of Ordinances, City of Corpus Christi, Metal Recyclers, by revising several sections in said article to provide for expanded definitions; more offenses and penalties; providing for publication. (First Reading 1/17/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". REGULAR AGENDA Mayor Adame referred to Item No. 6. Dan Biles, Interim Director of Engineering Services, explained that this item includes approval of a construction contract with Barcom Commercial and Project Management Contract with AGCM, Inc. for the remodel of the filter building at the O.N. Stevens Water Treatment Plant. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the council for their votes as fol lows 6.a. MOTION NO. 2012 -020 Motion authorizing the City Manager or designee to execute a construction contract with Barcom Commercial Inc. of Corpus Christi, Texas in the amount of $3,172,000 for the 0. N. Stevens Water Treatment Plant Facility Alterations for the addition to and remodel of the existing Filter Building Facility. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". Minutes - Regular Council Meeting January 24, 2012 Page 3 6.b. MOTION NO. 2012 -021 Motion authorizing the City-Manager or designee to execute a Project Management and Inspection Services Contract with AGCM, Inc. of Corpus Christi, Texas in the amount of $137,606 for the O. N. Stevens Water Treatment Plant Facility Alterations. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". FIRST READING ORDINANCE Mayor Adame referred to Item No. 7. City Secretary Chapa explained that this item was the first reading of the redistricting plan as approved as part of the Illustrative Plan and supported by the public. Mr. Chapa added that after the plan is approved on second reading, the plan will be submitted to the U.S. Department of Justice for approval. Mayor Adame asked for comments from the audience. Abel Alonzo thanked Mr. Chapa and everyone involved in the redistricting process. City Secretary Chapa polled the Council for their votes as follow: 7. FIRST READING ORDINANCE Approving the redistricting of the City's Single- Member Council Districts and establishing new district boundary lines based on 2010 Census data for Corpus Christi City Council elections; directing the City's Redistricting Consultant to submit to the adopted plan for preclearance under Section 5 of the Federal Voting rights act; and providing an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". EXECUTIVE SESSIONS Mayor Adame announced the executive sessions which were listed on the agenda as follows: Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi, Texas vs. Friends of the Coliseum, et al, Cause No. 2010 -DCV- 6004 -E, in the 148th District Court of Nueces County, with possible discussion and action in open session: Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding pending litigation styled Civil Action No. C -11 -154, Robert Knabe et al vs. the City of Corpus Christi, et al presently pending in the U.S. District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. Minutes - Regular Council Meeting January 24, 2012 Page 4 Executive session pursuant to Section 551.071(1) (A) of the Texas Government Code to consult with attorneys regarding pending litigation in a case styled Cause No. CA 210 -CV- 00372, Isaac Valencia vs. the City of Corpus Christi, Texas, presently pending in the U.S. District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving the Corpus Christi Police Department, with possible discussion and action in open session. Executive session under Texas Government Code 551.074 Personnel Matters to deliberate the appointment of a City Council Member with possible discussion and action in .open. session. The council went into executive session. The council returned from executive session. City Secretary Chapa read the motion for Executive Session Item 1.2. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 1.2. MOTION NO. 2012 -017 Motion authorizing the City Manager to continue to employ the law firms of McKibben, Woolsey & Villarreal, L.L.P. and Canales & Simonson, P.C. to provide legal representation to the City in C.A. -No. 2:11 -cv -154; Robert Knabe, as Representative of the Estate of Herman G. Knabe; and Herman George Wolfgang Knabe vs. City of Corpus Christi, Texas; J. Schiebrel, Individually, Stephen Beletic, Individually; Ross Murray, Individually; Darryl Anderson, Individually; and Jason Rhodes, Individually, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa read the motion for Executive Session Item 1.3. Mayor Adame asked for comments from the audience. Senior Assistant City Attorney Alison Logan reported on the savings for using in -house attorneys for litigation and necessity of the outside attorneys on this case. Abel Alonzo and Rolando Garza spoke regarding this motion. City Secretary Chapa - polled the Council for their votes as follows: 1.3. MOTION NO. 2012 -018 Motion authorizing the City Manager to continue to employ the law firms of McKibben, Woolsey & Villarreal, L. L.P. and Canales & Simonson, P.C. to provide legal representation —4— Minutes - Regular Council Meeting January 24, 2012 Page 5 to the City in Cause No. CA 210 -CV- 00372; Isaac Valencia vs. City of Corpus Christi, Texas, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame made a motion appointing John Kelley Allen as Council Member District 1 to serve the remaining council term vacated by Kevin Kieschnick. The motion was seconded by Mr. Elizondo. Mayor Adame asked for comments from the audience. Tom Watson and John Clay spoke regarding this motion. City Secretary Chapa polled the Council for their votes as follows: 1.6. MOTION NO. 2012 -019 Motion appointing John Kelley Allen as Council Member District 1 to serve the remaining council term vacated by Kevin Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye ". FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda. Items 8 - 14. Mayor Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Staff provided a presentation on Item Numbers 10, 11, 12, 13 and 14. 8.a. Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Kinder Morgan Tejas Pipeline, LLC, in the amount of $252,454 to adjust or relocate its pipeline amenities to clear city right -of -way on Mckinzie Road from the Lyondefl Plant to Haven Drive. 8.b. Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Enerfin Field Services, LLC, in the amount of $126,655.38 to adjust or relocate its pipeline amenities to clear city right -of -way on Mckinzie Road from the Lyondell Plant to Haven Drive. 8.c. Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Equistar Chemicals, LP in the amount of $29,873 to adjust or relocate its pipeline amenities to clear city right -of -way on Mckinzie Road from the Lyondell Plant to Haven Drive. 9. Motion to execute Change Order No. 4 with Texas Sterling Construction Co. in the amount of $72,407.21 for the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook for the installation of Brawner Ditch Irrigation System and Landscaping. (BOND 2008) 10. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Fundi ng Agreerent for a Metropolitan Mobility/Rehabilitation Project Off - System for the Williams Drive Improvements, Phase 3, from Staples Street to Airline Road. -5- Minutes - Regular Council Meeting January 24, 2012 Page 6 11. Motion authorizing the City Manager or designee to execute Amendment No. 5 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $100,000.00 for a restated not to exceed contract fee of $2,145,416.95 for the Corpus Christi International Airport Infield Taxiway Connectors/Runway 17 -35 Project (Supplemental services for Task Order No. 3). 12. Motion authorizing the City Manager or designee to execute Amendment No. 2 to a Contract for Professional Services with RVi of Austin, Texas for the Oso Creek/Oso Bay Area Park Master Plan in the amount of $61 6,670 for a total restated fee of $903,650 for design of Phase 2 Improvements. (BOND 2008) 13. Motion authorizing the City Manager or designee to execute a construction contract with GSA Construction, Inc., of Houston, Texas in the amount of $6,311,200 for the Oso Water Reclamation Plant Belt Press Facility Project for Parts A, B, C and D. Motion authorizing the City Manager or designee to execute Amendment No. 2 to a Professional Services Contract with LNV, Inc., of Corpus Christi, Texas in the amount of $247,395 for a restated fee of $847,054 for construction observation and related services associated with the Oso Water Reclamation Plant Belt Press Facility Project. 14.a. Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation in the No. 3350 Public Health and Safety Capital Improvement Project Fund; and changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $500,000. 14.b. Ordinance changing the FY2011 -2012 Capital Budget adopted by Ordinance No. 029135 by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project for the Police Department. 14.c. Motion authorizing the City Manager or designee to execute a Professional Services Contract with LaMarr Womack and Associates, L.P., of Corpus Christi, Texas, in the amount of $147,141 for the Public Safety Warehouse (Police) Project. UPDATES TO CITY COUNCIL Mayor Adame referred to Item No. 15, Continuous Improvement Review of Municipal Court Administration. City Manager Olson stated that this presentation is a summary of the results from the Continuous Review Team to identify improvements of Municipal Court Operations. Mr. Olson introduced the Continuous Improvement Team members, SaundraThaxton and Steve Klepper. Ms. Thaxton referred to a powerpoint presentation including the objectives and methodology of the review; the findings and recommendations for the court records system, improving technology, addressing organizational issues, and the City's Detention Center. PUBLIC COMMENT Mayor Adame called for comments from the audience. John Clay, 2818 '/Z John Street, spoke regarding property taxes and unfair services to his area of town. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:00 p.m. on January 24, 2012. -6- 2 a. ANIMAL CONTROL ADVISORY COMMITTEE -- One vacancy with term to 5- 31 -13. DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City - County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex- officio members of the Board without vote. The Board, by majority vote, shall elect its own. Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City- County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. ORIGINAL MEMBERS TERMS APPTD. DATES Barbara E. Beynon (Animal Welfare) 5 -31 -14 9 -09 -08 William R. Schroeder (Comm at Large), Chair 5 -31 -12 5 -09 -06 Dr. Nina M. Sisley (Comm. at Large) 5 -31 -12 7 -19 -11 ***Cheryl Martinez (Comm. at Large) 5 -31 -13 8 -18 -09 Heather Tarnoski (Comm. at Large) 5 -31 -13 8 -17 -10 Dr. Barbara Whitlock (Veterinarian) 5 -31 -13 8 -17 -10 Samantha Person (Animal Welfare /Shelter) 5 -31 -14 9 -09 -08 City Manager or Representative Ex- Officio, Nonvoting Annette Rodriguez, Dir. of Public Health Ex- Officio, Nonvoting Larry Bias, Supervisor, Animal Control Ex- Officio, Nonvoting Legend: *Seeking reappointment * *Not seeking reappointment * * *Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Animal Control Advisory Committee recommends the new appointment of Harold Bennett or Jennifer Diaz.) INDIVIDUALS EXPRESSING INTEREST: Jonathan M. Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium and Mother Theresa's. (05104/11) Harold Bennett Stephanie Cloutet Meredith Delano Jennifer Diaz William M. Kramer, Jr. Anthony John Mulheron Michael Rivera Executive Director, Gulf Coast Humane Society. Attended college two years. Graduate of School of Biblical Studies. Worked in Management in contract Security Guard industry for 17 years. Activities include: Church of Christ, Gulf Coast Humane Society. (01103112) Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7126111) Head of English DepartmentlEnglish Teacher, Responsive Education Solutions — Premier High School. Received a Bachelor of Arts in English. Activities include: Junior League of CC, Sister City Committee, Art Museum of South Texas, Metro Ministries, Cattle Baron's Ball, Gulf Coast Humane Society, IFRE Intntl. Volunteers (Cuzco, Peru), and Fighting to Rid Gangs in America. (Will resign from Sister City Committee if appointed) (10114111) Owner/Operator, The Pooch Pad. Received 135 from Texas A &M University- Corpus Christi. Activities include: Support Local Animal Organization and Participate in Efforts to Alleviate the Overpopulation of Pets. (Animal WelfarelShelter) (5123/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A &M University- Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5102/11) Retired. High School graduate, attended 2 years college. Former work included General Manager with U.S. Government. Currently volunteers for Pulmonary Hypertension Association. (12/06111) AGENDA MEMORANDUM for the City Council Meeting of January.31, 2012 DATE: 01/17/2012 TO: Ronald L. Olson, City Manager FROM: Dan Biles, P. E., interim Director of Engineering Services daub @cctexas.com (361) 826 -3729 MOTIONS AUTHORIZING REIMBURSEMENT AGREEMENTS (1) KINDER MORGAN TEJAS PIPELINE, (2) ENERFIN FIELD SERVICES, (3) EQUISTAR CHEMICALS, LP McKinzie Road Subsurface Utility Exploration (S.U.E.) (Project No. El1101) AGENDA ITEM: A. Motion authorizing the City Manager, or designee, to execute a Reimbursement Agreement with Kinder Morgan Tejas Pipeline, LLC, in the amount of $252,454 to adjust or relocate its pipeline amenities to clear city right -of -way on McKinzie Road from the Lyondeli Plant to Haven Drive. B. Motion authorizing the City Manager, or designee, to execute a Reimbursement Agreement with Enerfin Field Services, LLC, in the amount of $126,655.38 to adjust or relocate its pipeline amenities to clear city right-of-way on McKinzie Road from the Lyondell Plant to Haven Drive. C. Motion authorizing the City Manager, or designee, to execute a Reimbursement Agreement with Equistar Chemicals, LP in the amount of $29,873 to adjust or relocate its pipeline amenities to clear city right -of -way on McKinzie Road from the Lyondell Plant to Haven Drive. BACKGROUND AND FINDINGS: The City desires to dedicate the McKinzie Road right -of -way to the Texas Department of Transportation (TxDOT) and delegate all maintenance to the State. As per the agreement between the City and TxDOT, the City obtained all the right -of -way parcels and is to adjust all utilities prior to dedication. TxDOT will not accept the right -of -way until all utilities conform to the Texas Administrative Code and will not conflict with proposed TxDOT improvements. City Council accepted the provisions of the Texas Transportation Commission Minute Order No. 101085 on August 25, 1992 by Resolution No. 021461. This order specifically states the City is 100% responsible for the adjustment of all utilities within the right-of-way in accordance with TxDOT.Policies. City Council approved Motion No 2004 -426 on November 16, 2004, which authorizes the City Manager to enter into an advanced funding agreement with TxDOT for the McKinzie Road Improvements that states the City will be 100% responsible for the right -of -way acquisition and utility adjustments. TxDOT will be 100% responsible for the construction of the McKinzie Road improvements once the right -of -way has been dedicated to TxDOT. TxDOT has agreed to widen the road to two 12 foot travel lanes with 10 foot shoulders from 2.6 miles south of IH 37 (Lyondell Plant) to Haven Drive. —13— K:IENGINEERING DATA EXCHANGEIVELMAPISTREET1E111D1 MCKJNZIE ROAD SUESREEMSURSEMEN 1 nurmEMENTSID AGENDA ITEMIAGENDA ITEM 1.DOC ALTERNATIVES: If the City Council decides not to execute these reimbursement agreements, the pipeline companies will not adjust their pipelines and TxDOT will not accept the dedication of McKinzie Road right -of -way. The City would then retain the responsibility of maintenance of this portion of McKinzie Road and TxDOT will not construct the widened lanes and shoulders. OTHER CONSIDERATIONS: If the City does not dedicate the McKinzie Road right -of -way to TxDOT, the $2.5 Million of federal funding for improvements to this portion of the roadway allocated by the Metropolitan Planning Organization will be re- allocated to another state roadway. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,826,700.00 $5,653,400.00 $8,480,100.00 Encumbered / Expended Amount $383,500,00 383,500.00 This item . 408,982.38 . 408,982.38 BALANCE $383,500.00 $2,417,717.62 $5,653,400.00 $7,687,617.62 Fund(s): Street Comments: This agreement does not require any payment to TxDOT. RECOMMENDATION: It is recommended to execute Reimbursement Agreements with Kinder Morgan Tejas Pipeline, Ener in Field Services, and Equistar Chemicals, LP related to the subsurface utilities along McKinzie Road from the L-yondeil Plant to Haven Drive. LIST OF SUPPORTING DOCUMENTS: Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —14- KAENGINEERlNG DATAEXCHANGEIVELMAPISTREETIE11101 MCKINZIE ROAD St/ EIREIMBURSEMENT AGREEMENTS1O AGENDA [TEM1AGENDA ITEM 1.DOC \JMproject \counciexhibits\exhEl 1101 .dwg r N jet Ott ''4*411111111111111111111111* RIVER a CALLICDATTE PROJECT # E11101 LYONDEL� �, PLANT IVY 44 PROJECT LOCATION $M 3386 (McKINZIE ROAD) rn CC J C3 LOCATION MAP or 7U SCALE ce MCKINZIE ROAD SUBSURFACE UTILITY EXPLORATION (S.U.E.) FROM LYONDELL PLANT TO HAVEN DRIVE CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 --15— 41 REIMBURSEMENT AGREEMENT State of Texas County of Nueces This agreement is entered into this day of , 2011 by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called CITY and Kinder Morgan Tejas Pipeline LLC, a Delaware limited liability company hereinafter called. Kinder Morgan; both acting through their duly authorized representatives. WHEREAS, CITY desires to dedicate the McKinzie Road right-of-way to the T .exas Department of Transportation (TxDOT) as shown on Exhibit A; and WHEREAS, Kinder Morgan is the owner of a natural gas pipeline that will be in conflict with the Texas Administrative Code requirements for utilities in state right-of-way once the right of way is dedicated to the .Texas Department of Transportation and is located in the McKinzie Road right -of -way; and WHEREAS, the easement encompassing Kinder Morgan's pipeline predates the dedication of the City of Corpus Christi McKinzie Road Right of Way; the City will reimburse Kinder Morgan 100% of the actual eligible costs to relocate the required (as per TxDOT) pipeline amenities and to protect Kinder Morgan's pipeline, which costs are estimated to be $252,454.00. NOW THEREFORE; CITY and Kinder Morgan agree as follows: 1, Kinder Morgan shall adjust or relocate its pipeline amenities to clear CITY' s right-of-way. The relocated pipeline amenities shall be near or outside the right- - of -way line as shown in Exhibit A. Kinder Morgan will: a. Extend the pipeline casing to the right -of -way line b. Relocate pipe vent, test lead, pipeline marker and any other pipeline amenities to the right -of -way line 2. Kinder Morgan shall be responsible for surface restoration to its original condition all areas disturbed by their operations (Le, lawns, trees, driveways, tree removal and replacement, etc). 3. Kinder Morgan shall submit to the CITY, for review, plans for the pipeline relocation and a schedule for completion. 4 CITY shall reimburse Kinder Morgan for 100% of the actual eligible costs of relocating the pipeline. Within sixty (60) days after the completion of the project, Pipeline Adjustments Page 1 of 3 Kinder Morgan —16— Kinder Morgan will provide a statement of the actual costs and expenses (both direct and indirect) incurred during the construction of the adjustment project. CITY shall, within thirty (30) days of its receipt of such statement, remit payment to fully reimburse Kinder Morgan. 5. Kinder Morgan shall obtain the insurance requirements as described in Exhibit B, which is attached hereto and made a part of this Agreement. 6. Kinder Morgan shall relocate its pipeline within 120 days of approval of this agreement by CITY Council. 7. Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of than against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused by the acts or omissions of Kinder Morgan it's employees, agents or contractors, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Pipeline Adjustments Page 2 of 3 Kinder Morgan --17- Executed in duplicate this day of , 2011. CI-TY OF-CORPUS CHRISTI, TX • KINDER MORGAN TEIAS PIPELINE LLC By By Ron Olson Date City Manager Pr' RECOMMENDED . By Fiork Pete Anaya, P,E. Date Director, Engineering Services ATTEST . By • Armando Chapa, City Secretary Date APPR VED AS TO FORM By City Attorney - t Date Pipeline Adjustments Page 3 of 3 Kinder Morgan -18- A/it Date i?�%7� Title M}p of k.) Ft4Cr 500 Dallas St, S 1000 Houston, TX 77002 \Mproject\councilexhibits\exhE1 1 101.dwg RIVER • HAVEN RD PROJECT LOCATION FM 3386 (McKINZ1E ROAD) HWY 44 LOCATION MAP NOT TO SCALE PROJECT # E11101 EXHIBIT "A" LOCATION MAP FOR REIMBURSEMENT AGREEMENT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 9/21/2011 _IMO NW MEI 19 EXHIBIT B 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 such approval not to be unreasonably withheld. The Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor must furnish to the City's Risk Manager, copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by insurance company(s) reasonably acceptable to the City's Risk Manager. The City shall, with respect to the indemnity obligations assumed by Contractor under the agreement to which this Exhibit is attached, be named as an additional insured for the General Liability policy required below. A blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all • certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises – Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT • AUTOMOBILE LIABILITY— 1. Owned 2. Hired & Non -owned $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000f $500,000/5000,000 C. In the event of accidents of any kind, the Contractor must notify the Risk Manager of any accidents related to this agreement within ten (10) days of any accident. Il. ADDITIONAL REQUIREMENTS A. Contractor 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 with endorsements approved by the Texas Department of Insurance. The —20— • coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Contra ctors financial integrity is of interest to the City;-therefore, .Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage by companies authorized to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. The City shall be entitled, in the event of a suit being filed against it to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.Q. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Contractor 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, on the required General Liability coverage as respects operations and activities of, or on behalf of, the named insured performed under contract with the City but only to the extent of Contractor's indemnity obligations under such contracts; • Provide 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, or non - renewal in coverage, and not Tess 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 agreement. In addition to any other remedies the City may have upon Contractor'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 Contractor to stop work hereunder.. G. Nothing herein contained shall be . construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property —21— resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. It is agreed that to the extent of Contractor's indemnity obligations under the Agreement to which this Exhibit is attached, Contractor's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. REIMBURSEMENT AGREEMENT State of Texas County of Nueces This agreement is entered into this day of , 2012, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called CITY and Enerfin Field Service LLC, a Texas Limited Liability Company, hereinafter called Enerfin; both acting through their dilly authorized representatives. WHEREAS, CITY desires to dedicate the McKinzie Road right -of -way to the Texas Department of Transportation ( TxDOT) as shown on Exhibit A; and WHEREAS, Enerfin is the owner of a natural gas pipeline that is in conflict with the Texas Administrative Code requirements for utilities in state right -of -way; and WHEREAS, the easement encompassing Enerfin's pipeline predates the dedication of the City of Corpus Christi McKinzie Road Right of Way; the City will pay an amount, currently estimated to be $126,655.38, for Enerfin to modify or relocate the required. (as per TxDOT) pipeline amenities. NOW THEREFORE; CITY and Enerfin agree as follows: 1. Enerfin shall, at its own cost, adjust or relocate its pipeline amenities to clear CITY's right -of -way. The modified or relocated pipeline amenities shall be near or outside the right -of -way line as shown in. Exhibit A. Enerfin will: a. Extend the pipeline casing to the right -of -way line; b. Relocate pipe vent, test lead, pipeline marker and cathodic ground bed and rectifier to the right -of -way line; and c. Install a concrete cap over pipeline. 2. Enerfin shall be responsible for surface restoration to its original condition all areas disturbed by its operations (i.e, lawns, trees, driveways, tree removal and replacement, other utility relocations and adjustment etc.). 3. Enerfin shall submit to the CITY, for review, plans for the pipeline modification or relocation and a schedule for completion. 4 CITY sha11 reimburse Enerfin for the total eligible (as per TxDOT standards) costs of modifying or relocating the pipeline currently estimated to be $126,655,38. Reimbursement 01211 be made within 30 days upon submission of invoices detailing the eligible (as per TxDOT standards) costs incurred in the modification or relocation. 5. Enerfin shall obtain the insurance requirements as described in Exhibit B, which is attached hereto and made a part of this Agreement. Pipeline Adjustments Enerfin Field Service Page 1 of 7 —23— 6. Enerfin shall relocate its pipeline within 60 days of approval of this agreement by CITY Council. 7. CITY shall have no liability for any damages incurred due to Enerfin's operation. 8. Enerfin agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Executed in duplicate this day of 2012. CITY OF CORPUS CHRISTI, TX ENERFIN FIELD SERVICES LLC By By . I ���� / 1 %1. Ron Olson Date Davi• Cremer, anager Date City Manager RECOMMENDED By ti 1-j /! i� Pete Anaya, P.E. Date Director, Engineering Services ATTEST By Armando Chapa, Date City Secretary APPROVED AS TO FORM Pipeline Adjustments Enerfin Field Service Contract Management & Administration 2500 City West Blvd., Suite 400 Houston, TX 77042 Page 2 of 7 —24— B Y , . City Attorney Pipeline Adjustments Enerfin Field Service Page 3 of 7 —25— Exhibit B to REIMBURSEMENT AGREEMENT 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. The Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor must furnish to the City's Risk Manager, copies of Certificates of Insurance, with applicable policy endorsements 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. A blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises -- Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,0001$500,0001$500,000 C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all reports of any accidents related to this agreement within ten (10) days of any accident. Pipeline Adjustments Enerfin Field Service Page 5 of 7 -26- II.: ADDITIONAL REOUIREMENTS A. Contractor 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 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. Contractor's financial integrity is of interest to the City; therefore, subject to Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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). Contractor 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. Contractor 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. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1. 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 policy; 2. 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; 3. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 4. 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. Pipeline Adjustments Enerfin Field Service Page 6 of 7 —27— E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 agreement. F. In addition to any other remedies the City may have upon Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor'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 agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Pipeline Adjustments Enerfin Field Service Page 7 of 7 -2$- REIMBURSEMENT AGREEMENT State. of Texas County of Nueces This agreement is entered into this 1 U day of rC( , 2011 by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called CITY and Equistar Chemicals, LP, a Delaware Limited Partnership hereinafter called Equistar; both acting through their duly authorized representatives. WHEREAS, CITY desires to dedicate the McKenzie Road right-of-way to the Texas Department of Transportation (TxDOT) as shown on Exhibit A; and WHEREAS, Equistar is the owner of three petroleum products pipelines that are in conflict with the Texas Administrative Code requirements for utilities in state right -of -way; and WHEREAS, the easement encompassing Equistar's pipelines predates the dedication of the City of Corpus Christi McKenzie Road Right of Way; the City will pay an amount not to exceed $ 29,873 for Equistar to relocate the required (as per TxDOT) pipeline amenities. NOW THEREFORE; CITY and Equistar agree as follows: 1. Equistar shall, at its own cost, adjust or relocate its three pipeline amenities to clear CITY's right -of -way. The relocated pipeline amenities shall be near or outside the right - ofway line as shown in Exhibit A. Equistar will: a. Install a concrete cap on two pipelines b. Relocate test lead, pipeline markers, and any other pipeline amenities to the right - of -way line on all three pipelines 2. Equistar shall be responsible for surface restoration to its original condition all areas disturbed by their operations (i.e, lawns, trees, driveways, tree removal and replacement, other utility relocations and adjustment etc.).. 3. Equistar shall submit to the CITY, for review, plans for the pipeline relocation and a schedule for completion. 4. CITY shall reimburse Equistar for the costs of relocating the pipeline an amount not to exceed $_29.873_. Reimbursement shall be made upon submission of invoices detailing the costs incurred in the relocation. 5. Equistar shall obtain the insurance requirements as described in Exhibit B, which is attached hereto and made a part of this Agreement. 6. Equistar shall relocate its pipeline within 60 days of approval of this agreement by CITY Council. Pipeline Adjustments Equistar Page 1 of 2 -29- 7. CITY shall have no liability for any damages incurred due to Equistar's operation. 8. Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Executed in duplicate this (Ut day of htceva.iaer , 2011. CITY OF CORPUS CHRISTI,TX By ; Ron Olson City Manager Date RECOMMENDED By Pete AnayalP:E. Director, Engineering Services ATTEST By Date Armando Chapa, City Secretary APPROVED2S TO FORM By ti City Attorney Pipeline Adjustments Equistar Date Date Page 2 of 2 -3a- EQUISTAR- By Print Title Date CO 4 at:irt Maarmcir \Mproject1 councilexhibits \exhE11101.dwg RIVER PROJECT LOCATION FM 3386 (McK /NZ!E ROAD) HVY 44 LOCATION MAP NOT TO SCALE PROJECT # E11101 EXHIBIT "A" LOCATION MAP FOR REIMBURSEMENT AGREEMENT CRY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 DATE: 9/21/2011 -31- EXHIBIT B 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. The Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor must furnish to the City's Risk Manager, copies of Certificates of Insurance, with applicable policy endorsements 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. A blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises – Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard B. Contractual Liability 7. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY— 1. Owned 2. Hired & Non -owned $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000/ $500,00015000,000 PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include Tong -term environmental impact for the disposal of contaminants $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of any accident. II. ADDITIONAL REQUIREMENTS A. Contractor 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 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. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles in such amounts as are approved bythe City, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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 Tess 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). Contractor 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. Contractor 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. Contractor 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 policy; • 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, -33- • Contractor shalt provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a [apse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors performance of the work covered under this agreement. H. It is agreed that Contractor'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 agreement. I. It is understood and agreed that the insurance required is in addition to and separate from . any other obligation contained in this agreement. AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: 1/1 1/2012 TO: Ronald L. Olson, City Manager FROM: Dan Biles, P.E., interim Director of Engineering Service) DanB @cctexas.com, (361) 826 -3729 Valerie Gray, Director of Storm Water and Street Operations ValerieG @cctexas.com (361) 826 -1875 Approval of Change Order No. 4 with Texas Sterling Construction Co. for the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook Road for the installation of Brawner Ditch Irrigation System and Landscaping CAPTION: Motion to execute Change Order No. 4 with Texas Sterling Construction Co. in the amount of $72,407.21 for the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook for the installation of Brawner Ditch Irrigation System and Landscaping. BACKGROUND AND FINDINGS: The project is located on Kostoryz Road and includes 2 phases as follows: Phase 1 is located on Kostoryz Road between the south right -of -way limit of Horne Road intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left turn lane at the Kostoryz and Gollihar intersection. The length of the project is approximately 2,500 linear feet, with an off -site storm water element of approximately 3,500 linear feet that extends from Kostoryz Road (lust South of Horne Road) to Center of Brawner Parkway and down Brawner Parkway Ditch to Carroll Lane. Phase 2 is located on Kostoryz Road between the north right -of -way limit of S.P.I.D. (S.H. 358) intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left turn lane at the Kostoryz and McArdle intersection. The length of the project is approximately 2,300 linear feet: The total project includes the following: • Complete reconstruction of the existing roadway between the existing curb and gutter • Removal and replacement of curb and gutter • Removal and replacement of sidewalk and new construction in locations where there is no existing sidewalk • ADA curb ramps • Lane striping and pavement markings • Rehabilitation of existing sanitary sewers • Replace and/or adjust curb inlets to improve drainage K:1Engineering AatsExchange \Clarisse715treets164a9 & 6446 • Kostoryz Rand Improvements, Phase 1 from 37_ _ .moklAgenda IremhC1TY COUNCIL ACTION 1TEM.dutx • Supplemental underground storm drainage • • Adjust affected valves and manholes to grade • Off -Site Drainage Change Order No. 4 includes the Installation of the Brawner Ditch Landscaping and Irrigation System. ALTERNATIVES: 1. Do not approve this change order. OTHER CONSIDERATIONS: This project was approved by voters November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1- Street Improvements. It was -not anticipated during the project design phase that the citizens that live near the area of Brawner Parkway (between Kostoryz Road and Carroll Lane) would object to the removal of existing mesquite trees and shrubbery in the Parkway median. The design of the retention /detention facility in the above mentioned median required an average of Oft to 5ft of the existing soils to be excavated and removed from approximately 90% of the overall length of the median. The trees and shrubbery that were removed would not have survived the excavation process due to the root systems being undermined. After public complaints about the trees and shrubbery removal were made to city officials, a public meeting was scheduled to discuss the option of installing new landscaping, with irrigation to ensure survival. The proposed landscaping includes trees and shrubbery such as Mexican Fan Palms, Esperanza, Crepe Myrtle, Live Oak and Mesquite. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011 -12 Capital Budget. EMERGENCY / NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: CIF Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,705,000.00 $1,236,400.00 $2,941,400.00 Encumbered / Expended Amount ._. . $12,759,400.00 $12;759,400.00 This item $72,407.21 $72,407.21 BALANCE und(s): Streets on 2008 Comments: This project will replace trees and shrubbery removed during the excavation process and provide for irrigation to ensure survival. -38- K:\Engineering DataExchangelClarisssAS reel 6469 & 6490 - Kostoryz Road Improvements, Phase 1 from H_...—.....y.rooklAgenda Itom1CITY COUNCIL ACTION ITEM.docx RECOMMENDATION: City Staff recommend the approval of Change Order No. 4 with Texas Sterling Construction Co. for the Installation of the Brawner Ditch Landscaping and Irrigation System, LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager K:SEngineering DateExchange \Clarissa75Streets16489 & 6490 - Kostoryz Road Improvements, Phase 1 Trop — 3 9— ,ok\Agenda Item1CITY COUNCIL ACTION ITENLdorg PROJECT BUDGET KOSTORYZ PHASE 1 AND KOSTORYZ PHASE 2 (CIP 2011 -2012) Project No. 6489 & 6490 January 17, 2011 FUNDS AVAILABLE: Street CIP Fund (Bond 2008) $6,775,000.00 Combined Utilities (2012- 2014)...... $7,302,600.00 Prior Year CIP (2011) $1,623,200.00 Total Funds Available $15,700,800.00 FUNDS REQUIRED: Construction Contract (Texas Sterling Construction Co.) * .... ............................... $10,244,299.50 Total Change Orders Including Current . $269,809.86 Contingency (5 %) 512,214.98 Consultant Fees: Consultant (Goldston Engineering - a CH2M Hill Company) Basic sirs $944,055 s.2°%°• *......... 1,534,900.00 Geotechnical Services (Rock Engineering) 21,000.00 Materials Inspection & Testing (Rock Engineering)* 149,379.00 Other Outside Consultants 23,250.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 281,718.24 Construction Inspection 358,550.48 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 358,550.48 Finance Issuance 51,221.50 Misc. (Printing, Advertising, etc.) 25,610.75 TOTAL $13,830,504.78 ESTIMATED PROJECT BUDGET BALANCE $1,870,295.22 *Original Construction Contract & Testing Agreement Awarded by City Council on January 25, 2011. * *Original Contract for Professional Services Awarded by City Council on April 21, 2009. File \ Mproject\ counci lexhibits\exh6489 &6490b.dwg NUECES TAY ;4TH AGNES utntpN RD CORPUS BAY PROJECT LOCATION Phase 1 — Home to Sunnybrook PROJECT LOCATION Phase 2 — Sunnybrook to SPED LOCATION MAP NOT TO SCALE PROJECT SITE Phase 1— Kostoryz Rd Nome to Sunnybrook with Browner Ditch Off—Site Drainage PROJECT SITE Phase 2— Kosforyz Rd Sunnybrook to SPID SITE PLAN NOT TO SCALE KOSTORYZ ROAD, PHASE 1 HORNE TO SUNNYBROOK WITH BRAWNER DITCH OFF -SITE DRAINAGE & PHASE 2 SUNNYBROOK TO SPID (BOND ISSUE 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Mir MEM —41 AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: 01/24/2012 TO: Ronald L. Olson, City Manager FROM: Dan Biles, P. E., Interim Director of Engineering Service danb @cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING ADVANCE FUNDING AGREEMENT WITH TXDOT FOR A METROPOLITAN MOBILITY/REHABILITATION PROJECT Williams Drive Improvements, Phase 3, from Staples Street to Airline Road AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for a Metropolitan Mobility /Rehabilitation Project. Off- System for the Williams Drive Improvements, Phase 3, from Staples Street to Airline Road. BACKGROUND AND FINDINGS: . The proposed project is a City of Corpus Christi project which will include design and construction of additional travel lanes and access improvements, sidewalks, curb ramps, storm water and other utility improvements on Williams Drive from Staples Street to Airline Road. The City is responsible for 100% of the design costs with anticipation of 80% Metropolitan Planning Organization participation funds in the future for street and storm water improvements during the construction phase. This MPO participation triggers design review and construction oversite by TXDOT. The City of Corpus Christi will contribute an initial payment of $37,110 for direct state costs for preliminary engineering and $27,189 before construction to cover Direct and Indirect State Costs. Initial payment of $37,110 is due upon City execution of the Advance Funding Agreement. ALTERNATIVES: The City could surrender the opportunity for 80% participation in construction funding from the MPO which would negate the need for TXDOT review of preliminary engineering and the advanced funding agreement with TXDOT. OTHER CONSIDERATIONS: Due to Federal Funding opportunities, this project will require an environmental Categorical Exclusion Document. If the MPO participation funds are surrendered the environmental document will not be required. —45— KIENGINEERING DATAEXCHANGEEVELMAPIT XDO1IWILLIAMS DRIVE PHASE 3 FROM STAPLES To AMRLINEBAGENDA ITEM 1.DOC CONFORMITY TO CITY POLICY: Conforms to statutes regarding FY 2011 -12 Capital Budget. EMERGENCY 1 NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,387,800.00 $3,387,800.00 Encumbered / Expended Amount This item $37,110.00 $27,189.00 $64,299.00 BALANCE $3,350,690.00 $27,189.00 $3,323,501.00 Fund(s): Street Comments: TXDOT will refund any direct state costs not accrued during the preliminary engineering review and construction oversite once construction is. complete. This project is part of Bond Issue 2008 Future TXDOT Participation. RECOMMENDATION: It is recommended to execute an Advance Funding Agreement with TXDOT for a Metropolitan Mobility /Rehabilitation Project Off - System for the Williams Drive Improvements, Phase 3, from Staples Street to Airline Road. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —46- KIENGINEER1NG DATAEXCHANGENELMAPITXDOT MLLIAMS DRIVE PHASE 3 FROM STAPLt 1 u AIRLINESAGENDA ITEM 1.DOC File : \ Mprnject \councilexh \exhE11116.dwg CORPUS CHRISTI Ray PROJECT # 211116 LOCATION MAP NOT TO 'SCALE FLOUR BLUFF WILLIAMS DRIVE IMPROVEMENTS, PHASE 3 FROM STAPLES STREET TO AIRLINE ROAD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: toff MIN War I■1 -47- PRELIMINARY PROJECT BUDGET WILLIAM DRIVE PHASE 3 FROM STAPLES STREET TO AIRLINE ROAD Project No.'E11116 January 24, 2012 Street Bond 04 $ 1,007,994.00 Texas Department of Transportation (80% of Street and Storm Water Construction)3,923,892.00 Future Storm Water CIP 755,794.00 Future Water CIP 537,754.00 Future Wastewater CIP 349,132.00 Future Street Bond Election /Bond 2008 Reserves 1,128,723.00 7,703,289.00 FUNDS REQUIRED: • Construction (Estimate) $5,614,375.00 Contingencies 561,437.00 Construction Materials Testing 112,287.50 Consultant Fees: Consultant (RVE) *959,995.00 Geotechnical Services 154,065.78 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 231,098.67 Engineering Services (Project MgtiConstr Mgt/Traffic Mgt) 269,615.12 Finance Administration 115,549.34 Misc. (Printing, Advertising, etc.) 20,000.00 TOTAL $7,212,030.40 ESTIMATED PROJECT BUDGET BALANCE $491,258.60 * Will be presented to City Council for approval on January 31, 2012 Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for a Metropolitan Mobility /Rehabilitation Project Off - System for the Williams Drive Improvements, Phase 3, from Staples to Airline Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation for a Metropolitan Mobility /Rehabilitation Project (Off - System) for the Williams Drive Improvements, Phase 3, from Staples to Airline. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Agreement, including non substantial amendments thereto. ATTEST: Armando Chapa City Secretary APPIOVFO AS TO FORM: 08 -Dec -11 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor J:11.ENG11 AGENDA ITEM S112\0117121011712 RESO AFA Metropolitan Mobility Rehab Project (Off - System) - Williams Dr Phase 3.docx Corpus Christi, Texas of ,2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott J;11.ENG11 AGENDA 1T E M S1121011712\011712 RESO AFA Metropolitan Mobility Rehab Project (Off - System). - Williams Dr Phase 3.docx —50-- r• CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A Metropolitan Mobility /Rehabilitation Project Off- System THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 112696, authorizing the State to undertake and complete a highway improvement generally described as construct additional travel lanes and access improvements on Williams Drive from Airline Road to Staples Street called the "Project "; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment "A" for the improvement covered by this agreement. A map showing the Project location appears in Attachment "B," which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration ofthe premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA- AFA_LongGen Page 1 —51— Revised 05/06/2011 CSJ # 0916.35 -168 District # 16 — Corpus Christi Code Chart 64 #.09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work Construct additional travel lanes and access improvements on Williams Drive from Airline Road to Staples Street as shown on Attachment "B ".] 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget -- Attachment "C ", which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Governments, or other parties is shown in Attachment "C ". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. This Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. if the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non - federal or non -state participation costs associated with the Project, including any overruns in excess of the approved local AFA- AFA_LongGen Page 2 -52— Revised 05/06/2011 CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20205 Not Research and Development project budget unless otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. G. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. 1. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. if, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. J. The State will not pay interest on any funds provided by the Local Government. K. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. L. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. M. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditorconsiders relevant to the investigation or audit. 0. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. AFA- AFA_LongGen Page 3 -53— Revised 05/06/2011 CSJ # 0916 -35 -168 District # 16 -- Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes ,(Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Q. The State will not execute the contract for the construction of the Project until the required funding has been made"available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS &E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. Utilities The. Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. .The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA- AFA_LongGen Page 4 —54— Revised 05/06/2011 CSJ # 0916 -35 -168 District # 16 — .Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental. assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA Al! parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P. L. 101 -336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to. applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional AFA- AFA_LongGen Page 5 -557 Revised 05/0612011 CSJ # 0916 -35 -168 District # 16 --- Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The Local Government will use its approved contract letting and award procedures to let and award the construction contract. C. Prior to their execution, the State will be given the opportunity to review and approve contract change orders. D. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property A. Right of way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to TxDOT before funds may be expended for the improvement of the right of way or real property. B. If the Local Government is the owner of any part of the Project site under this agreement, the Local Government shall permit TxDOT or its authorized representative access to occupy the site to perform all activities required to execute the work. C. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title 11 and Title 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to TxDOT and its representatives for review and inspection. D. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to TxDOT, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local. Government shall be responsible for securing any additional real property required for completion of the Project. AFA- AFA_LongGen Page 6 —56— Revised 05/06/2011 . CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development E. In the event real property is donated to the Local Government after the date of TxDOT's authorization, the Local Government will provide all documentation to TxDOT regarding fair market value of the acquired property. TxDOT will review the Local Government's appraisal, determine the fair market value and credit that amount towards the Local Government's financial share. If donated property is to be used as a funding match, it may not be provided by the Local Government. TxDOT will not reimburse the Local Government for any real property acquired before execution of this agreement and the obligation of federal spending authority. F. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit there to TxDOT for approve! prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. G. The Local Government agrees to make a determination of properly values for each real property parcel by methods acceptable to TxDOT and to submit to TxDOT a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by TxDOT to proceed with determination of real property values. TxDOT will review the data submitted and may base its reimbursement for parcel acquisitions on these values. H. Condemnation shall not be used to acquire real property for this Project. 1. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80 %) of the cost of the real property purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in an amount not to exceed eighty percent (80 %) of TxDOT's predetermined value of each parcel, or the net cost of the parcel, whichever is Tess. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. The separate agreement must be approved by TxDOT prior to its execution. A copy of the executed agreement shall be provided to TxDOT. AFA- AFA_LongGen Page 7 -57— Revised 05/06/2011 CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development 14. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government; City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, TX 78469 -9277 State: Director of Contract Services Texas Department of Transportation 125 E. 11 th Street Austin, Texas 78701 All notices shall be deemed given on the date so.delivered or so deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use, All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws . The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in AFA- AFA_LongGen Page 8-58— Revised 05/06/2011 CS.3 # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 20. Cost Principles in order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property )Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Civil Rights. Compliance The Local Government shall comply with the regulations of the United States Department of Transportation as they relate to non - discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 24. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved ,DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas AFA- AFA_LongGen Page 9-59— Revised 05/06/2011 CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes Iliams Rd.Z Federal Highway Administration CFDA # 20.205 Not Research and Development Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http: / /txdot.cov /business /business outreach /mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT - assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this LPAFA. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this LPAFA. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub - recipient, or sub- contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 26, Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief; that: ,V._ A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into AFA- AFA_LongGen Page 10— 6 0 — Revised 05/06/2011 CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 'Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of notless than $10,000 and not more than $100,000 for each such failure. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. if coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient or sub - recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http:/ /edocket. access. gpo.gov /20101pdf/2010- 22705.pdf and http:/ /edocket. access. qpo .qov /2010/pdf/2010- 22706.pdf. B. For sub - awards greater than $25,000, the Local Government, as a recipient of federal funding, shall: 1. , Obtain and provide to the State and the Federal government, a Central Contracting (CCR) number with the Federal government (Federal Acquisition Regulation, Part 4, Sub -part 4.1100). The CCR number may be obtained by visiting the CCR website whose address. is:. https:/ /vvww.bpn.gov /ccr /default.aspx; .. . 2. Obtain and provide to the State and the Federal government, a Data Universal Numbering System (DUNS) number, a unique nine - character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website http: / /fedgov.dnb.com /webform; and AFA- AFA_LongGen Page 11 -61— Revised 05/06/2011 CSJ # 0916 -35 -168 District# 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development 3. Report the total compensation and names of its top executives to the State and Federal government if: I. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000 annually; and ii. Compensation information is not already available through reporting to the U.S. Securities and Exchange Commission (SEC). 29. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A- 133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http: /fwww.txdot.gov /contact us /audit.htm. C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY ." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 30. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA- AFA_LongGen Page 12 762— Revised 05/06/2011 CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project:- Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA- AFA_LongGen Approved as to Legal form: . 2 -12-(1 Veronica Ocanas Assistant City Attorney For City Attorney Page 13-6 3— Revised 05/06/2011 CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.), Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA- AFA_LongGen Page 1 -64- Attachment A • ATTACHMENT B - CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federai Highway Administration CFDA # 20.205 Not Research and Development LOCATION MAP SHOWING. PROJECT NUECES BAY CORPUS CHRISTI BAY .PROJECT #1731? LOCATION MAP Nor TO SCALE FLOUR BLUFF WILLIAMS DRIVE IMPROVEMENTS, PHASE 3 FROM STAPLES STREET TO AIRLINE ROAD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, 7DC4S DEPARTMENT OF ENGINEERING SERVICES PAGE: t of A47E 8 /T5 /2011 AFA- AFA_LongGen Page 1 t -65- Attachment B CSJ # 0916 -35 -168 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct Additional Lanes (Williams Rd.) Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C - PROJECT BUDGET Description .... Total Estimated Cast . Federal . Participation State Participation Local Participation % ; Cost % Cost %.:. Cost. jEngineering/ 'Environmental (by Local Government) $ 561,437.59 0% $0 0% $0 100% $ 569,437.59 Utilities (by Local Government) $ 616,965.00'0% Ij $0 0% $0 100% $ 616,965.00 Construction Admin. (by Local Government) $ 610,258.25 0% $0 0% $0 100°/o-'$ 610,258.25 (Construction (by Local Government) $4,700,000.00 80% $3,760,000.00 0% $0 20% $ 940,000.00 Subtotal • $6,488,660.84 $ .3,760,000.00 . $0 $ 2,728,660;84_, � I Direct State Costs for Preliminary Engineering $37,110.00 Environ. Direct State Costs (20 %) $ 7,422.00 0% $0 0% $0 100% $ 7,422.00 Right of Way Direct State Costs (20 %) $ 7,422.00 0% $0 0% $0 100% $ 7,422.00 Engineering Direct State Costs (40 %) $ 14,844.00 0% $0 0% $0 100% $ 14,844.00 Utility Direct State Costs (20 %) 1 $ 7,422.00 0% $0 0% $0 100% $ 7,422.00 Construction Direct State Costs (0.56 %) $ 27,189.00 0% $0 0% $D 100% $ 27,189.00 Indirect State Costs (6.2%) $ 402,296.97 0% $0 100% $ 402,296.97 D% $0 Subtotal $ 466,595.97 :$0 $ 402,296.97 $ 64,299.00 -OTAL $6,955,256.81 $ `:; 3,760,000.00 $ _ .402,296.97 $ 2,792,959..84 Initial payment by the Local Government to the State: $37,110.00. Payment by the Local Government to the State before construction: $27,189.00. Estimated total payment by the Local Government to the State $64,299.00. This is an estimate. The final amount of Local Government participation will be based on actual costs: AFA- AFA_LongGen Page 1 —66— Attachment C AGENDA MEMORANDUM for the City Council Meeting of January 24, 2012 DATE: 1/17/2012 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc @cctexas.com (361) 826-3105 CAPTION: Adjustments to the Current City of Corpus Christi Single Member District Lines Ordinance approving the Redistricting of the City's Single- Member Council Districts and establishing new district boundary lines based on 2010 Census Data for Corpus Christi City Council Elections; directing the City's redistricting consultant to submit the adopted plan for preclearance under Section 5 of the Federal Voting Rights Act; and providing for an effective date. BACKGROUND AND FINDINGS: On September 20, 2011, the council approved a contract with Bickerstaff Heath Delgado Acosta, LLP for redistricting services. On November 8, 2011, Bickerstaff Health Delgado Acosta LLP provided information on the initial assessment of the Single Member District Population Deviations and approved the criteria for use in the Redistricting 2011 process and established guidelines for persons submitting comments and specific redistricting proposals. A Draft Plan for council consideration was presented. Following are the precinct adjustments recommended based on the 2010 census data: District 1 District 2 District 3 District 4 District 5 Remove Voting Precincts 61 and 77. Add Voting Precincts 1, 21 and 33. Remove Voting Precincts 1, 21, and 33. Add Voting Precincts 5, 61, 77, 86 and 89. Remove Voting Precinct 89. Add Voting Precinct 112 and a portion of Precinct 16 *). Remove Voting Precincts 5 and 86. Add Voting Precinct 8. Remove Voting Precincts 8, 112, and a small portion of 16 *. ( *A small portion of Precinct 16 contiguous to District 3 will be incorporated with Precinct 114) On December 13, 2011, the council approved a Redistricting Illustrative Plan and set a public hearing date to receive comments from members of the public. On January 5, 2012 a public hearing was held to receive comments from the public. There was no opposition to the Illustrative Plan. The following citizens spoke in support of the plan: Mr. Abel Alonzo, Ms. Susie Luna - Saldana and Mr. Ramiro Gamboa. -69- In an effort to solicit public response to the Redistricting Plan, one public hearing was held in the month of January; two press releases were submitted; publication of the public hearing was posted in the newspaper; posting of the public hearing was posted at City Hall; a map was displayed in City Hall; a city website was created for informational purposes; and informational packets were sent to various interest groups, as well as the Plaintiffs in the original single member district lawsuit filed against the city. Following approval of the plan, a submission to the U.S. Department of Justice will occur. Approval by the U.S., Department of Justice is anticipated sixty days after the submission ALTERNATIVES: N/A OTHER CONSIDERATIONS: None EMERGENCY /NON- EMERGENCY: 1 1 Two- Readin g Ordinance FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE una[sa: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Alison Logan, Assistant City Attorney AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVING THE REDISTRICTING OF THE CITY'S SINGLE -MEMBER COUNCIL DISTRICTS AND ESTABLISHING NEW DISTRICT BOUNDARY LINES BASED ON 2010 CENSUS DATA FOR CORPUS CHRISTI CITY COUNCIL ELECTIONS; DIRECTING THE CITY'S REDISTRICTING CONSULTANT TO SUBMIT THE ADOPTED PLAN FOR PRECLEARANCE UNDER SECTION 5 OF THE FEDERAL VOTING RIGHTS ACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the results of the 2010 federal Census have been considered and indicate that the City of Corpus Christi's single - member council districts are sufficiently out of population balance to require redistricting in order to comply with the "one- person, one - vote" (equal population) principle established by the U.S. Constitution; and WHEREAS, the City of Corpus Christi (the "City ") engaged the law firm of Bickerstaff Heath Delgado Acosta LLP to act as the City's redistricting consultant, including advising and assisting the City Council in preparation of a new redistricting plan in compliance with applicable requirements of state and federal law; and WHEREAS, on November 8, 2011, the City Council adopted redistricting criteria to assist the City and the public in developing redistricting plans which comply with applicable federal and state laws, and the adopted redistricting criteria were applied in the development of the City's new redistricting plan; and WHEREAS, on November 8, 2011, the City Council also adopted redistricting guidelines regarding the submission of comments and proposed plans by the public, to ensure the ability of the City to timely receive and adequately consider them; and WHEREAS, during the redistricting process the City provided notice to the public of its proposed discussions and development of a redistricting plan through meeting agendas posted in compliance with the Texas Open Meetings Act, notices on the City's website, and publication of newspaper notices, as well as providing certain individual notices regarding public hearings; and WHEREAS, the City Council has considered the proposed redistricting plan at City Council meetings on December 13, 2011 and at a public hearing held on January 5, 2012, and has considered oral testimony, written comments, reports from the City's redistricting consultant, and a proposed plan regarding the appropriate reconfiguration of the council member districts; and WHEREAS, the City Council finds that the attached city council district redistricting plan is in the best interest of the citizens of the City, complies, with the adopted redistricting criteria, and is believed to comply with all state and federal requirements, including requirements for preclearance under Section 5 of the federal Voting Rights Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. the existing single- member council district boundary lines for the City of Corpus Christi are hereby amended, and the new districting plan depicted on the map attached hereto as Exhibit A, defining new districts, as such new districts are further described in the tables attached hereto as Exhibit B reporting populations and demographic statistics for each such new district, is hereby adopted and designated to define the City's five single - member council districts from and after the Effective Date; that Exhibits A and B are incorporated by reference in and made a part of this ORDINANCE, and shall be kept on file in the City Secretary's Office; and, further, that the City's redistricting consultant is hereby authorized and directed to submit the adopted plan to the United States Department of Justice for preclearance under the Section 5 of the Voting Rights Act. B. That this ORDINANCE shall take and be given effect immediately upon preclearance of the adopted plan under Section 5 of the Voting Rights Act; and that thereafter all Corpus Christi City Council elections shall be held under and in accordance with the new single - member council district districting plan here adopted by the City Council and precleared by the Department of Justice, until such time as a subsequent lawfully- enacted districting plan shall be adopted to replace this plan and has been precleared under Section 5 or its successor statute, as applicable. SECTION 2. C. That the five single member districts shall consist of those Nueces County voting precincts and portions of Nueces County and Kleberg Counting voting precincts that are within the city limits set out on Exhibit C and the district boundaries of said single member districts are hereby amended and adopted as the n ew single member district boundaries as set out on the map attached as Exhibit B. 2 —72— That the foregoing ordinance was read for the first time and passed to its second reading on this the 09 Lit- day of man u,i rj , 2012, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Priscilla G. Leal David Loeb aue oity John E. Marez (L; . c" Nelda Martinez Mark Scott District 1 Representative is vacant That the foregoing ordinance was read for the second time and passed finally 011 this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal District 1 Representative is vacant David Loeb PASSED AND APPROVED, this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: January 18, 2012. By: Carlos Valdez for the City Attorney Joe Adame Mayor 3 _7g_ -74- ��•��•• ••........ ..ny ,...uuyn vnurnGhe. peacemarI( 2010 Voting Tabulation Districts Illustrative Plan 1 b 1.6 9 9 I r I r l1 I Miles • :oordlnate System: GCS North American 1903 City of Corpus Christi Illustrative Plan 1 t9 2011 Blckarstaff Heath Delgado Acosta LLP Data Source: Roads. Water and other features obtained from the 2010 Tinarflina lIWs 11 R (`.masa nlnaalr EXHIBIT B I City of Corpus Christi Illustrative Plan 1 Summary 2010 Census Total and Voting Age Population District Persons Deviation Hispanic % of Total Population Non - Hispanic Anglo % of Total Population Non - Hispanic Black % of Total Population Non - Hispanic Asian % of Total Population Non- Hispanic Other of Total Population 1 59,530 -2.17% 64.53% 29.67% 4.35% 0.44% 1.01% 2 58,789. -3.38% 75.04% 20.89% 2.69% 0.43% 0.94% 3 61,009 0.26% 77.16% 15.40% 5.72% 0.74% 0.98% 4 .63;071 3.65% 33.70% 58.20% 2.93% 2.88% 2.31% 5 61,843 1.64% , 50.28% 40.18% 3.86% 4.21% 1.47% Totals 304,242 59.81% 33.16% 3.91% 1.77% 1.35% Ideal Size = 304,24215 = 60,848 per district. Total Maximum Deviation = 3.65% - (- 3.38 %) = 7.04% Some percentages may be subject to rounding error. District Total VAP* Hispanic % of Total VAP Non - Hispanic Anglo % of Total VAP Non - Hispanic Black /° of Total VAP Non- Hispanic Asian % of Total VAP Non- Hispanic Other /o of Total VAP 1 43,357 60.58% 33.33% 4.61% 0.51% 0.98% 2 43,146 71.65% 24.14% 2.84% 0.50% 0.87% 3 44,010 74.27% 18.18% 5.82% 0.86% 0.86% 4 49,053 29.83% 6120% 2.87% 3.14% 1.98% 5 46,017 46.99% 43.75% 3.92% 4.13% 1.20% Totals 225,583 55.91% 37.02% 3.99% 1.89% 1.20% *Voting Age Population Some percentages may be subject to rounding error. 12/14/2011 -77- City of Corpus Christi Illustrative Plan 1 Detailed 2010 Census Total and Voting Age Population District Persons ]deal Sire ikviation - Hispanic %al TOIL H]epenle PopNallon Angle %at Tad Analo PopulWOn Black %arTmtl else+ PopuIr.n American Indian %e1TaW An�lvn mm.n PoPUIWOn Aston %of Tab: Allen PapulWan Hawallan- pacific Islander XetTolaf Hawes. Paere ,ruler PopulWm Other • %olT64 emv PopuW an Twoor Me er %ar Tetel Two or More PopulWOn 1 59,530 60,846 -2.1754 38,417 64.5331 17,650 29.67% 2,589 4.35% 135 023% 253 0.44% 14 0.02% 74 0.1Z% 351 0.64% 2 56,769 60,846 •3.3331 44,118 75.04% - 12,253 23.6956 1,563 2.63% 129 03231 255 0,43% 19 0.03% 92 - 0.15% 312 0.5331 3 81,005 60,845 0.26% 47,075 77.161. 9,356 15.40% 3,492 5.72% in 0.2154 451 0.74% 27 0.01% 88 0.11% 372 0.61% 4 63,071 60,549 3.65% 21,252 33.70% 36,705 582031 1,847 2.93% .266 0.42% 1,617 2.5831 78 0.12% 50 0.10% 1 053 1.67% 5 61,843 90,949 1.64% 31,095 5026% 24,649 45.18% 2,386 3.86% 133 0.22% 2,622 4.21% 56 0.11% 73 0.12% 639 1.03% Totals 304,242 161,955 59.61% 100,893 33.16% 11,896 3.91% 792 0.26% 5,355 1.77% 204 0.07%1 387 0.12% 2,757 0.91% Ideal Size a 304,2421 S e 60,848 par district. Some p,nanhpae my be eublecm r,Im&.psoar. - District Total YAP' Xispanie VAP 6 rote Hlepenre VAP AngIo YAP %ofTolel YAP Black VAP %al Teel Biotic YAP - Anredcan Indian VAP %orraw nnerlun IMfen YAP Asian VAP %of Trial Men VAP Hawaiian. Peale Islander VAP %arrotel HaweJlen- Peelfie Isin4,rVAP Other VAP Xerrete orhvvAp Two or Moro VAP %orTOw Tab widow YAP 1 43,357 26,255 60.5654 14,450 33.33% 1,999 4.61% 115 027% 220 0.51% 10 0.02% 51 r 0.1254 250 0.55% 2 43,146 30,914 71.5554 10,415 24,14% 1,225 2.5454 94 02215 215 0.50% 18 0.0454 73 0.17% 192 0.45% 3 44,010 32,695 7427% 5,003 18.1865 2,563 5.82% 108 0.24% 379 0.8654 20 0.05% 45 -0,1154 205 0.47% 4 46053 14,631 29.63% 30,512 62.2054 1,407 2.67% 219 0.45 31 - 1,541 3.14% 62 0.1354 52 0.11% 638 1.33% 5 48,117 21,625 46,9854 20,134 43.75% 1,603 3.92% 99 022% 1,001 4.13% 43 0.05% 41 0.09% 371 0.91% Totals 226,583 - 126,120 55.91% 83,514 37.02% 8,997 3.99% 633 0.28% 4,265 1.69% 153 _ 0.07% 265. 0.12% 1,664 0.73% 'Voting An Population Nam. wrerdegn nor N eub]epto roweling ener. 1271412011 -79- EXHIBIT C DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 1 5 4 2 . 3 7 31 *15 6 *16 *9 39 20 8 17 21 43 24 18 26 *23 48 *34 *19 29 30 50 60 * *28(K) 32 33 53 70 40 67 38 56 71 42 88 41 57 74 63 115 44 58 78 64 116 45 59 80 65 119 46 61 93 81 124 47 62 95 90 125 49 66 98 91 51 68 106 92 52 69 112 117 76 72 113 120 79 73 *114 122 82 75 118 99 77 121 100 83 101 84 *103 85 *107 86 110 87 *111 89 123 94 96 97 109 * Indicates partially inside and outside city limits. * *Portion of Klegberg County voting precinct located within City Limits. 7 AGENDA MEMORANDUM for the City Council Meeting of: Presentation January 24, 2012 Action January 31, 2012 DATE: January 31, 2012 TO: • Ronald L. Olson, City Manager FROM: Dan B. Biles, P.E., interim Director of Engineering Service DanB(a'cctexas.com, (361) 826 -378 Fred Segundo, Aviation Director FredS @cctexas.com (361) 289 -0171 Ext. 1213 Approval of Professional Engineering Services Contract Amendment No. 5: Infield Taxiway Connectors /Runway 17 -35 Project (Supplement to Task Order No. 3) PURPOSE: Motion authorizing the City Manager or designee to execute Amendment No, 5 to the Professional Services contract with KSA Engineers, inc.. of Longview, Texas, in the amount of $100,000.00 for a restated not to exceed contract fee of $2,145,416.95 for the Corpus Christi international Airport Infield Taxiway Connectors /Runway 17 -35 Project (Supplemental services for Task Order No. 3). BACKGROUND AND FINDINGS: The proposed amendment was requested by the FAA based on the Taxiway Utilization Study. The amendment provides design services for the future construction of Infield Taxiway Connectors for Runway 17 -35, The services will provide for: • removal existing taxiway paving as identified in the Taxiway Utilization Study; • grading and modify drainage facilities serving the infield area between Taxiway A and Runway 17- 35 and the area affected by the construction of Taxiway A -3; • installation of appropriate LEO taxiway edge lighting and signage to support these taxiway paving modifications: • all work will be designed to be in full compliance with all FAA design and construction standards; • plan drawings, specifications and bid items associated with this work to be integrated into the Runway 17 -35 Extension /Shift Project -(Task Order No. 3) contract documents as an add - alternative to the base bid. ALTERNATIVES: The amendment is required to proceed with the previously approved extension of Runway 17- 35. FINANCIAL IMPACT: o Not Applicable o Operating Expense Task Order 3 — Runway 17 -35 Extension 0 Revenue X CIF FISCAL YEAR: 2011- 2012 Prior Year (CIP Only) Current Year — Future Years l TOTALS Budget $566,000.00 l 53,822.500.00 11,467,500.00 I $15,656,000.-50 $566,000.00 $100,000.00 Encumbered /Expended Amt. i $566,000.00 This item $100,000.00 , BALANCE j FUNDS: Aviation CIP Comments: This amendment is necessary to accommodate recommended Taxiway Utilization Modifications to support the extension of Runway 17 -35. RECOMMENDATION: City staff recommends the motion be adopted as presented. CONFORMITY TO CITY POLICY: The recommended actions conform to statutes regarding Professional Service Procurement and the FY2011 -2012 Capital Budget: The project is part of the adopted FY2011 -2012 Capital Improvement Plan (AV 42). EMERGENCY NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCE& Aviation Department. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Contract Summary Exhibit B: Project Budget Exhibit C. Location Map Cc: Veronica Ocanes, Assistant City. Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager CONTRACT SUMMARY Amendment No. 5 Supplement to Task Order No. 3 .' In accordance with this Contract for AIE Professional Services between_the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (Engineer) for Professional Services, dated May 17, 2011 ( "Agreement "), constituting authorization by the CITY for the Engineer to provide engineering services for the following project at Corpus Christi International Airport: 1 Specific Project Data A. Title: Infield Taxiway Connectors /Runway 17 -35 Project B. Description: This project will consist of the following items: 1. Construct Taxiways A -2, A -3 and A -5 as identified in the Taxiway Utilization Study; 2. Remove existing taxiway paving as identified in the Taxiway Utilization Study; 3. Grade and modify drainage facilities serving the infield area between Taxiway A and Runway 17 -35 and the area affected by the construction of Taxiway A -3; 4. Install appropriate LED taxiway edge lighting and signage to support these taxiway paving modifications; 5. All work to be designed to be in full compliance with. all FAA design and construction standards; 6. Plan drawings, specifications and bid items associated with this work to be integrated into the Runway 17 -35 Extension /Shift Project (Task Order No. 3) contract documents as an . add - alternative to the base bid. 2. Services of Engineer Services to be performed by the Engineer in this Task Order are listed below and described in Exhibit A of this Contract. 1. Preliminary Engineering Report Phase 2. Preliminary Design Phase 3. Final Design Phase 4. Additional Services a. Topographic Surveying Note: This Task Order does not include Construction Phase or Post - Construction Phase services or fees. Fees associated with the Bidding Phase are included in Task Order No. 3. 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. 4. Time for Rendering Services Service Completion Date 1. Preliminary Engineering Report Phase 1 April 2012, 12:00 :00 pm CDT 2. Preliminary Design Phase 1 April 2012, 12:00:00 pm CDT 3. Final Design Phase 1 April 2012, 12:00:00 pm CDT 4. Additional Services As required Note: This schedule assumes Notice to Proceed (NTP) to be issued by February 15, 2012. 5. Payments for the Engineer In return for the services described above, the CITY shall pay the Engineer as described below. The total cost of all services provided under this Task Order will not exceed $ 100,000.00 without prior written approval by the CITY. Service 1. Preliminary Engineering Report Phase: 2. Preliminary Design Phase: 3. Final Design Phase: TOTAL -85- Fees $ . 4,760.00 $ 20,170.00 $ 75,070.00 $100,000.00 Exhibit A Page 1 of 1 PROJECT BUDGET RUNWAY 17 -35 EXTENSION Project No. E11046 January 31, 2011 FUNDS AVAILABLE: Airport CIP Reserves 792,900.00 FAA CIP Grant 15,063,100.00 15, 856, 000.00 FUNDS REQUIRED: Construction (Est.)... 14,000,000.00 Contingencies (2.02 %)...... 320,000.00 Consultant Fees: Consultant (KSA Engineers) ...................................... ............................... 566,000.00 Consultant Amendment No. 1 (KSA Engineers) ......... 100,000.00 Construction Management/Inspection /Materials Testing 760,000.00 Reimbursements: Engineering, Traffic Engineering, Finance, etc. 110.00000 Total 15,856,000.00 -86- Variance Exhibit B Page 1 of 1 File : \ Mprojec t\counclexhibi #s \exhE11046.dwg FM. 624 2v'UUECES RAY COME 0-(23.1517 Bay PROJECT LOCATION Mc2L01N RD 0 LOCATION MAP NOT TO SCALE BOCKHOLT RD MCGLOIN ROAD PROJECT # E11046 SITE PLAN NOT TO SCALE PROJECT SITE BEAR LANE CONTRACT AMENDMENTS No. 5 INFIELD TAXIWAY CONNECTORS /RUNWAY 17-35 07 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 7 WNW_ S DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 1/17/2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Interim Director of Engineering Services Danbacctexas.com (361) 826 -3729 CAPTION: Foster Crowel Director of Wastewater Services Fosterc @cctexas.com (361) 857 -1801 Part A: Construction Award Oso WRP Belt Press Facility Project Part B: Amendment No. 2 Construction Observation and Related Services A. Motion authorizing the City Manager, or designee, to execute a construction contract with CSA Construction, Inc. of Houston, Texas in the amount of $6,311,200 for the Oso Water Reclamation Plant Belt Press Facility Project for Parts A, B, C, and D. B. Motion authorizing the City Manager, or designee, to execute Amendment No, 2 to a Professional Services Contract with LNV, Inc. in the amount of $247,395 for a restated fee of $847,054 for construction observation and related services associated with the Oso Water Reclamation Plant Belt Press Facility Project. BACKGROUND AND FINDINGS (Part A): The proposed project is part of the FY 2012 Capital Improvement program listed under Wastewater Sequence #2. The construction contract has bid and City Council approval is required for construction to commence. The project has been divided into four (4) separate parts (A, B, C, & D) in regards to scope of work and project schedule. Part A includes the construction of a new 5,600 square foot concrete structured sludge dewatering building approximately 30 feet tall with steel roll up doors. The mechanical equipment,consists of four (4) two meter belt filter presses (3 belts each), sludge hoppers, a polymer feed system with pumping equipment and accessories, four (4) double disc type sludge feed pumps and all associated chemical feed and sludge feed piping. The electrical work includes the installation of a new 600 volt power supply feeder cable from Motor Control Center #2 for the belt press building, distribution panels, electrical controls and lighting. Part B includes the construction of a breakpoint chlorination pilot facility installed on the west train of the plant. The pilot facility will consist of three (3) mixing tanks, a polyethylene chemical containment pad, a 50 gpm effluent pump, chemical feed pumps, miscellaneous piping, analyzers, monitoring equipment, and a PLC controller. The contractor must also run power to the facility from Blower House #1, program the PLC as described in the plans and specifications and supply the chemicals required during the pilot operation. Part C includes modifications and upgrades to the existing odor control facility at Oso WRP Lift Station 2 including replacement of the existing odor control media, installing a new nutrient tank, modifications to the existing piping system and installation of a higher capacity recycle pump. Part D includes the demolition and proper disposal of the existing dewatering building including removal of two (2) two meter belt presses, conveyor system, polymer feed system, and the associated pumps. Other structures to be demolished include the corrugated sheet metal maintenance building, two (2) concrete pre - thickener tanks with .scraper mechanisms, and two (2) concrete post thickeners with mechanical equipment. On December 21, 2011, the City received proposals from five (5) bidders and the lowest three (3) bidders and their respective bids are as follows: Contractor Base Bid CSA Construction, Inc. Houston, Texas $6,311,200.00 Graham Construction Services Eagan, Minnesota $7,454,305.00 Holloman Corporation Converse, Texas $7'730'124'00 ALTERNATIVES: 1. Re -bid and be subject to not meeting permit requirements for ammonia removal as required by the Texas Commission on Environmental Quality (TCEQ) 2. Not doing work puts the City at risk of permit violation and potentially subjects the city to TCEQ administrative penalties and possible plant shutdown. OTHER CONSIDERATIONS: This project is part of a multi - phased program to reduce ammonia discharge at the Oso Water Reclamation Plant (WRP). New and more stringent permit requirements will require the city to develop new processes for both the short and long term to meet the anticipated future discharge requirements and additional capacity needs within the Oso WRP service area. BACKGROUND AND FINDINGS (Part B): It is recommended that LNV Engineering Inc. is awarded an amendment to provide the construction observation services for the Belt Press: Facility project due to their work on the Oso Water Reclamation Plant (WRP) Nutrient Removal Project. The Texas Commission on Environmental Quality (TCEQ) has notified the City that the next discharge permit issued for the Oso WRP will contain a more restrictive ammonia limit which the existing facility cannot meet without modifications. The anticipated ammonia reductions achieved by this construction contract along with LNV's work on a break point chlorination pilot study will enable LNV, Inc. to fast track the final design package to meet the new permit criteria for the Oso WRP. CONFORMITY TO CITY POLICY: These contracts conform to City policies and statues on approved bid procedures and executing professional service contracts. EMERGENCY / NON - EMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: CIP CIP Wastewater Sequence #2 Fiscal Year 20/1-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 571,100 1,900,000 9,545,000 12,016,100 Encumbered / Expended Amount 571,100 This item 13900, 000 4,658,595 6,558,595 BALANCE Fund(s): Wastewater Capital Improvement Funds Comments: The anticipated completion date for this project is September 2013 (520 calendar days). Thus, funding for this contract runs over one fiscal year RECOMMENDATION: The City's consultant, B. Harman Engineering, LLC, conducted a bid analysis of the five (5) proposals submitted to the City. The lowest bidder based on the Total Base Bid was CSA Construction, Inc. of Houston, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, CSA Construction has the experience and resources to complete the .project. Therefore, city staff recommends that the City award the project in the amount of $6,31 1,200 to CSA Construction, Inc. City staff also recommends that an amendment be awarded to LNV, Inc. in the amount of $247,395 for construction observation and other required services associated with the Oso Water Reclamation Plant Belt Press Facility Project. LIST OF SUPPORTING DOCUMENTS: Bid Tab Contract Summary Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -93-- TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Pete Anaya, P.E., Director of Engineering Services BID DATE: Wednesday, December 21, 2011 ENGINEER'S ESTIMATE: $7,280,000.00 • 1.—.14v YY Ail lla rr t,turk. i1c Al V F,j' 1 1'LAIN 1' .W LT PRESS FACILITY PROJECT NO. 7423 CSA CONSTRUCTION, INC. 2314 McALLISTER ROAD HOUSTON, TEXAS 77092 GRAHAM CONSTRUCTION SERVICES 2995 LONE OAK CIRCLE, SUITE 1 EAGAN, MN 55121 ' HOLLOMAN CORP. Vim• ups 137301H 10 EAST CONVERSE, TX 78109 ITEM NO. DESCRIPTION UNIT _ QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al BELT PRESS FACILITY IN ITS ENTIRITY INC. MOB. DEMOB, MECH, ELEC, L.S. 1 $5,099,410.00 55,099,410.00 $5,980,000.00 $5,980,000.00 56,014,400.00 56,014,400.00 A2 30" DIA. DRILLED PIERS L.F. 135 590.00 $12,150.00 $100.00 $13,500.00 $57.00 57,695.00 A3 36" DIA. DRILLED PIERS L.F. 885 5110.00 997,350.00 $130.00 5115,050.00 $67.00 559,295.00 A4 S" THICK CONCRETE PAVEMENT WITH 6" FLEX BASE• S.Y. 3752 $76.00 5285,152.00 975.00 5281,400,00 5119.00 5446,488.00 A5 ' 4' WIDE CONCRETE SIDEWALK S.F. 853 55.00 , 54,265.00 $5.00 54,265.00 57.00 $5,971.00 A6 ASPHALT PAVEMENT REPAIR S.Y. 212 570.00 914,840.00 $65.00 513,780.00 560.00 $12,720.00 A7 STORM WATER POLLUTION PREVENTION PLAN L.S. 1 • 53,000.00 $3,000.00 55,000.00 $5,000.00 54,700.00 $4,700.00 B8 PART B- OSO WRP BREAKPOINT CHLORINATION PILOT L.S. 1 5256,000.00 9256,000.00 5400,000.00 5400,000.00 5361,200.00 5361,200.00 C9 PART C -LIFT STATION # 2, ODOR CONTROL SYSTEM IMP. L.S. 1 970,000.00 970,000.00 5100,000.00 5100,000.00 5116,200.00 5116,200.00 ' D14 • DEMO, REMOVAL AND DISPOSAL OF CONCRETE STRUCTURES L.S. 1 5160,000.00 $160,000.00 $250,000.00 5250,000.00 5284,500.00. $284,500.00 011 BLOCK SODDING FOR EROSION CONTROL S.Y. 3400 $4.00 513,600.00 93.00 510,200.00 57.00 $23,800.00 012; SEEDING FOR EROSION CONTROL S.Y. " 2055 50.60 $1,233.00 52.00 $4,110.00 51.00 $2,055.00 D13 . REMOVE, HAUL AND DISPOSE SLUDGE C.Y. 1900 $68,00 9129,200.00 $80.00 $152,000.00 $119.00 $226,100.00 14 ALLOWANCE FOR EXPLORATORY EXCAVATIONLS. 1 510,000.00 510.000.00 510,000.00 510,000.00 $30,000.00 510,000.00 15 ALLOWANCE FOR UNANTICIPATED UTILITIES ADJUSTMENT L.S. 1 550,000.00 550,000.00 550,000.00 $50,000.00 $50,0oo.o0 $50,000.00 16 INCENTIVE/DISINCENTIVE PAYMENT FOR PART A DAYS 60 51,500.00 590,000.00 $1,500.00 590,000.00 _ 91,500.00 $90,000.00 17 INCENTIVE/DISINCENTIVE PAYMENT FOR PART B DAYS 15 51,000.00 $15,000.00 51,000.00 515,000.00 $1,000.00 515,000.00 TOTAL BASE BID $6,311,200.00 57,494,305.00 97.730,124.00 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Pete Anaya, P.E., Director of Engineering Services BID DATE: Wednesday, December 21, 2011 ENGINEER'S ESTIMATE: $7,280,D00.00 C 0 SO WASTEWATER TREATMENT PLANT BELT PROJECT NO. 7423 PRESS FACILITY KEYSTONE CONSTRUCTION, INC. P. O. BOX 90398 AUSTIN, TEXAS 78709 R.M. WRIGHT CONSTRUCTION 285 RIO WEST DRIVE EL PASO, TX 79932 U U 4411. u41ea ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al BELT PRESS FACILITY IN ITS ENTIRITY INC. MOB. DEMOB, MECH, ELEC. L.S. 1 56.134,000.00 56,134,000.00 56,917,754.00 $6,917,754.00 A2 30" DIA. DRILLED PIERS L.F. 135 560.00 58,100.00 $47.00 56,345.00 A3 36" DIA. DRILLED PIERS L.F. 885 $60.00 $53,100.00 561.00 553,985.00 A4 8" THICK CONCRETE PAVEMENT WITH 6" FLEX BASE S.Y. 3752 560.00 5225,120.00 594.00 $352,688.00 A5 4' WIDE CONCRETE SIDEWALK S.F. 853 56.00 55,118.00 52.00 51,706.00 A6 ASPHALT PAVEMENT REPAIR S.Y. 212 550.00 $10,600.00 530.00 56,360.00. A7 STORM WATER POLLUTION PREVENTION PLAN L.S. 1 55,000.00 55,000.00 510,000.00 510,000.00 Be PART B- OSO WRP BREAKPOINT CHLORINATION PILOT L.S. 1 5485,000.00 $485,000.00 5240,000.00 5240,000.00 C9 PART C- LIFT STATION # 2, ODOR CONTROL SYSTEM IMP. . L.S. 1 5230,000.00 5230,000.00 553,000.00 553,000.00 D10 DEMO, REMOVAL AND DISPOSAL OF CONCRETE STRUCTURES L.S. 1 5250,000.00 5250,000.00 $200,000.00 5200,000.00 all BLOCK SODDING FOR EROSION CONTROL S.Y. 3400 $6.00 $20,400.00 52.96 $10,064.00 D12 SEEDING FOR EROSION CONTROL S.Y. 2055 52.00 $4,110.00 50.58 51,198.07 D13 REMOVE, HAUL AND DISPOSE SLUDGE C.Y. 1900 $75.00 $142,500.00 538.00 572,200.00 14 ALLOWANCE FOR EXPLORATORY EXCAVATION LS. 1 $10,000.00 $10,000.00 510,000.00 $10,000.00 15 ALLOWANCE FOR UNANTICIPATED UTILITIES ADJUSTMENT L.S. 1 $50,000.00 550,000.00 550,000.00 550,000.00 16 INCENTIVEIDISINCEtJTIVE PAYMENT FOR PART A DAYS 60 $1,500.00 590,000.00 51,500.00 590,000.00 17 INCENTIVE/DISINCENTIVE PAYMENT FORPARTB DAYS 15 $1,000.00 515,000.00 $1,000.00 515,000.00 TOTAL BASE BID 57,738,048.00 56,090,300.07 _ 11 CONTRACT SUMMARY The City of Corpus Christi, Texas hereinafter called "CITY ", and LNV, Inc., hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for Oso Water Reclan,afion Plant Nutrient Removal Project (Ammonia) (Project No. E09007) as authorized and amended by: Original NE Agreement August 24, 2010 ' M2010 -197 $ 550,059.00 Amendment No. 1 January 16, 2012 Administrative Approval $49,600.00 Exhibit "A ". SECTION 1. SCOPE OF SERVICES, PART A. BASIC SERVICES and PART B. ADDITIONAL SERVICES, shall be amended as follows: • Evaluation of Breakpoint Chlorination Pilot Facility Data • Belt Press Facility & Odor Control Design & Bidding Integration • Belt Press Facility Construction Observation In the original contract, EXHIBIT "A ", SUMMARY OF FEES shall be modified and is attached as Amendment No. 2 Exhibit "A" for a revised fee not to exceed $247,395.00 (Two Hundred Forty -Seven Thousand Three Hundred Ninety Five Dollars and zero centsj, for a total restated fee not to exceed X847,054 (Eight .Hundred Forty Seven Thousand Fifty Four Dollars and zero cents). All other terms and conditions of August 24, 2010 contract between the City and Consultant will remain in full force and effect. Project Description: The City of Corpus Christi, Texas, hereinafter called "City ", and LNV, Inc. hereinafter called "Engineer", agree to the following Contract for Basic and Additional Services associated with the above referenced project. The basic service effort includes providing preliminary, design, bid, and construction phase engineering services associated with the original project, Oso WRP Belt Press Facility project, and the Lift Station No.2 odor control improvements. These services consisted of the detailed evaluation of all potential ammonia removal alternatives as directed by the City, the design of the Lift Station No. 2 odor control improvements and incorporation of this design into the Belt Press Facility bid package along with the incorporation of the Breakpoint Chlorination Pilot facility plans and specs into the Belt Press bid package as well. Tasks also include providing full service design coordination with the approved equipment suppliers, design of a 24 -in RAS line for future use, assembly of the required documents for two (2) addenda and creation of special provisions for substantial completion and performance incentives /disincentives. These - ....serviCes`weresegUested by the Operating DepartMerit: The additional service effort includes construction observation services for the full duration of the Belt Press Facility Project, coordination and modifications to the Oso WRP Regulatory Compliance and Implementation plan based on the Belt Press Facility design, sampling and data analysis associated with the pilot facilities, and creation of the necessary land acquisition documents for the Oso WRP buffer zone as required by the state. Scope of Services: The Scope of Services for this contract shall be modified to include the following tasks: A. Basic Services 1. Preliminary Phase • Perform an evaluation of ammonia removal alternatives as directed by the City, including conventional biological ammonia removal, IFAS, Nitrifying Trickling Filters (NTF), Moving Bed Bioreactors.(MBBR), air stripping, and ion exchange. This shall be completed in addition to an evaluation of the Breakpoint Chlorination process. • Engineer will document the evaluation process in a technical memorandum. The TM shall clearly identify the screening criteria used to evaluate each process, shall identify whether a phased (near term & long term) approach provides benefit to the City and ultimately determine the recommended process. 2. Design Phase • Oso WRP Belt Press Facility - Provide a full review of the Belt Press Facility plans and specifications by others, providing review comments to AE, coordination with equipment suppliers and Wastewater personnel, revising existing project specifications to incorporate additional approved suppliers and to encourage bidder participation, and development of the substantial completion and performance incentive /disincentive special provisions. • Oso WRP Lift Station #2 Odor Control Improvements - Tasks include interviews with plant personnel and equipment supplier to appropriately define the issues with the existing odor control facility, to identify the original design criteria, to gauge the severity of the problem and to ascertain the most feasible alternatives for improving the existing system. Work also includes development of project recommendations and scope of improvements, and incorporation of the drawings and specifications into the Oso WRP Belt Press Facility bid package by others: • Meetings - Prepare for and conduct five (5) project design coordination meetings approximately two (2) hours each with City personnel and/ or equipment suppliers to confirm that the design of the proposed improvements and specified equipment meets the City's expectations, will provide a good application and will perform as intended. These meetings may be held at the LNV Conference Room, City conference room or at the Oso WRP site. 3. Bid Phase • Perform bid phase services for the Oso WRP Belt Press Facility, Breakpoint Chlorination.: Pilot Facility and Lift Station #2 Odor Control improvements. This work includes attending the Pre -Bid Meeting, Pre -Bid site visit, receiving contractor's questions via email /facsimile, coordinating with project engineer and architect to define a clear, thorough and responsive answer to each question, and generate /issue ail project addenda (2 separate documents) required to modify the bid package and /or to clarify the Engineer's intent on the construction documents. • Construction Phase • Perform construction phase services for the Lift- Station. #2 Odor control improvements. This will consist of reviewing submittals, performing regular site visits to review for conformance with the contract documents, providing interpretations and clarifications . of the contract documents for the contract as needed, and making the final inspection with City staff. • Site Visits will consist of approximately six (6) trips at 1.5 hrs each. B. Additional Services 1. Permitting -- NONE 2. Topographic Survey — NONE 3. Environmental Issues — NONE 4. Construction Observation Services • Engineer will provide a part -time (20 hrs /week) Project Representative (PR) for the duration of construction for the Oso WRP Belt Press Facility project, City Project 7423. Total project duration is 520 days (approximately 75 weeks) for a total of 1,500 hours. 5. Start -up Services — NONE 6. Warranty Phase — NONE 7. Provide SCADA Documentation -- NONE 8. Pilot Study -- Breakpoint Chlorination — NONE 9. Oso WRP Regulatory Compliance & Implementation Plan • This task was originally titled "Oso WRP Master Plan" and has been amended and renamed as shown above. • Work consists of coordinating the Oso . WRP Regulatory Compliance & Implementation Plan with the design of the proposed Belt Press Facility project, reviewing engineering drawings and solids production calculations by others, identifying and confirming the most beneficial footprint and location, and coordinating the location of a proposed 24 -in RAS line for future use with the plant re- rating. 10.Oso WRP Process Modeling — NONE 11. Step Feed Pilot Study — NONE 12.Step Feed Pilot Sampling & Analysis • This task includes the "turn -key" sampling and testing program for step feed pilot study. The sampling will be performed every 3-4 days for the 45 -day duration of the pilot operation. DO & pH will be measured during each of the 11 sampling days at the midpoint of each basin (5 locations) only for the east train. These locations will be identified in the field at a later date. Laboratory testing will include approximately 33 tests for each of the constituents shown in Table 5 -1, • Samp fig will be performed as per the following schedule: • Composite samplers will be used, if possible, for influent and effluent of each train as shown below. Each of the samples will be tested for the following constituents. Table 54 13.Oso WRP Buffer Zone .,. • This work - includes all tasks associated with aiding the City in obtaining a revised and/or modified buffer zone around the perimeter of the Oso WRP. The desired 150- ft buffer zone would begin at the plant's existing fence line but is currently located inside the fence line and as a result, limits the plant's ability to construct new facilities on their property as older facilities are retired. • Includes an investigation of the City's existing buffer zone: documents, surrounding land ownership, adjacent utility /drainage easements and /or right of way documents, coordination with the City and adjacent land owners, and preparation of the necessary buffer zone easement documents. Schedule: Ali work will be completed by the Engineer no later than August 2013 which is the scheduled completion of the Oso WRP Belt Press Facility project. Fees: A. Fee for Additional Services Authorized. The City will pay the Engineer a total restated lump sum fee not to exceed $847,054,00 for provided services specified in this contract. The fee will be full and total compensation for services and for all expenses incurred in performing these services. Engineer will submit monthly statements for basic services rendered. Each statement will be based on the project percent completion at the time of billing. City will make prompt monthly payments in response to Engineer's monthly statements. -100- B. Summary of fees. See below. SUMMARY OF A/E FEE. The estimated cost of construction for this multiphase project for the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) is $9,400,000. The Basic Services fee for the project is $318,678. Therefore, the percentage of basic engineering services cost to construction costs is 3.39 %; and overall percentage fee is 9.01%. The proposed work at the Oso Water Reclamation Plant is specialized and complex in nature and involves process modeling and chemical analysis. This type of work is considered above the normal percent- fee and requires specialized professionals to design this highly technical work. ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 TOTAL BASIC SERVICES 1, Preliminary Phase $ 97,454.00 $ - $' :14,890 00' $ 112,344.00 2. Design Phase $ 139,508.00 $ - $. 17,820 4.Q': $ 157,328.00 3. Bid Phase $ 8,077.00 $ - $ . 5,240.00'. $ 13,317.00 4. Construction Phase $ 33,929.00 $ - $ 1,760.00;`. $ 35,689.00 Subtotal Bask Services $ 278,968.00 $ - i$ .39,7.1,0:00 . $ 318,678.00 ADDITIONAL SERVICES (ALLOWANCE) 1. Permitting $ 8,924.00 $ - $..... ` ., : - . $ 8,924.00 2. Topographic Survey $ 8,670.00 $ - $ - .. $ 8,670.00 3. Environmental Issues $ - $ $' ' $ - 4. Construction Observation Services $ 49,748,00 $ - $ 142,500.00 $ 192,248.00 5. Start -Up Services $ 19,124.00_ $ - $ - $ 19,124.00 6. Warranty Phase $ 5,612.00 $ $ , .. - .. $ 5,612.00 7. Provide SCADA Documentation $ 3,511.00 $ $.. $ . 3,511.00 8. Pilot Study- Breakpoint Facility $ 71,536.00 $ - $.: $ 71,536.00 9. Oso WRP Reg. Compliance & Imp. Plan $ 72,679.00 $ - $. 8,685.00:. $ 81,364.00 10. Oso WRP Process Modeling $ 31,287.00 $ - $ $ 31,287.00 11. Step Feed Pilot Study $ - $ 49,600.00 '•$;_:'.; . $ 49,600.00 12. Step Feed Pilot Sampling & Analysis $ - $ - .$ 44,500410'! $ 44,500.00 13. Oso WRP Buffer Zone $ - $ - $ 12,000:40• . $ 12,000.00 Subtotal Additional Services $ 271,091.00 $ 49,600.00 $ 207,0$5.00:. $ 528,376.00 TOTAL AUTHORIZED FEE $ 550,059.00 $ 49;$0 0.00 $ 247,395.00 $ 847,054.00 Council Approval Admin Approval Council Approval The estimated cost of construction for this multiphase project for the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) is $9,400,000. The Basic Services fee for the project is $318,678. Therefore, the percentage of basic engineering services cost to construction costs is 3.39 %; and overall percentage fee is 9.01%. The proposed work at the Oso Water Reclamation Plant is specialized and complex in nature and involves process modeling and chemical analysis. This type of work is considered above the normal percent- fee and requires specialized professionals to design this highly technical work. PROJECT BUDGET . - . .. • OSO WATER RECLAMATION PLANT Interim Ammonia Improvements/Belt Press Facility/Blower House #4 (INSIDE CITY LIMITS ONLY) (CIP 2010-2013) Project No. 7423 & E09007 (Parent) January 24, 2012 FUNDS AVAILABLE: Wastewater CIP (2010-2014) $12,016,100.00 FUNDS REQUIRED: Construction : Base Bid (CSA Construction, Inc.). $6,311,200.00 Subtotal Construction. $6,311,200.00 Contingency (10%) 631,120.00 Consultant Fees: *Design Consultant (LNV Engineering, Inc.) 599,659.00 *Design Consultant (Harmon Engineering) 393,334.00 *Peer Review Consultant (Freese Nichols, Inc.). 61,551.00 Geotechnical Consultant (Arias & Associates, Inc.). 4,500.00 Water Sampling Consultant (Analysys, Inc.) 7,201.00 Construction Observation (LNV Engineering, Inc.) 247,395.00 Materials Testing (Raba Kistner) 39,052.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 47,335.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 110,450.00 Finance Reimbursement 15,800.00 Misc. (Printing, Advertising, etc.) 15,800.00 TOTAL $8,484,397.00 ESTIMATED PROJECT BUDGET BALANCE $3,531,703.00 All three contracts were previously approved by City Council. \Mproject\councifexhibits \ exh7423.dwg - LOCATION M A_P NOT TO SCALE Oso Water Reclamation Plant Process Improvements, Belt Filter Press Building Replacement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 __ ■_ i -103- 9 AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: December 27, 2011 TO Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean(c�cctexas.com, (361) 826 -3781 Troy Riggs, Police Chief TroyrAcctexas.com, (361) 886 -260 Approval of Professional Architectural Services Contract: Public Safety Warehouse (Police) — Project No. 5244 PURPOSE: A. Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the transfer of $500,000 from the No. 1020 Genera! Fund to and appropriation in the No. 3350 Public Health and Safety CIP Fund; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $500,000. B. Ordinance changing the FY 2011 -- 2012 Capital Budget adopted by Ordinance No. 029135 by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project for the Police Department. C. Motion authorizing the City Manager or designee to execute a Professional Services contract with LaMarr Womack & Associates, L.P. of Corpus Christi, Texas, in the amount of $147,141.00 for the Public Safety Warehouse (Police) Project. BACKGROUND AND FINDINGS: In November 2008, voters approved the Bond 2008 election including the proposition for a Public Safety Warehouse for both Fire and Police Departments. City staff evaluated the options of building a warehouse on City owned land, purchasing an existing warehouse facility or purchasing land to build a new facility. This resulted in Council approving the purchase of an existing warehouse and acreage (3.54 acres) at 1501 Holly Road. The warehouse was modified for Fire Department storage, vehicle maintenance and other uses. Approval of the motion is necessary to provide the architectural services necessary to provide design, bid, construction and additional services to result in the construction of a new Public Safety Warehouse (Police). The facility will be constructed on vacant land adjacent to the Fire Departments Public Safety Warehouse at 1501 Holly Road. LaMarr Womack and Associates was selected for the project as part of the RFQ 2008 -05 professional services selection process. ALTERNATIVES: 1. Repeat the RFP Selection Process and negotiate with a different consultant. 2. Award the contract to LaMarr Womack and Associates, L.P. as recommended. —107 - K:lEngineering DataExchange\Lynda\Pubiic Health & SafetylBond 0815244 - Palle Safety Warehouse\AEAwd - Executive Summary.docx FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense • n Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year. (CIP Only) - Current Year Future Years TOTALS Budget $1,306,128.84 $1,306,128.84 Encumbered /Expended Amt. This item $147,141.00 $147,141.00 BALANCE 1,1 34, 987.84 1,134 987.84 FUNDS: Public Health & Safety CIP Comments: The proposed project will result in the construction of a dedicated Public Safety warehouse and office building for the Police Department and allow continued reduction in lease space utilization. The money appropriated from the General Fund is a loan and will be repaid back to the General Fund through yearly fees saved on property rentals that will no longer be necessary once the new facility is complete. RECOMMENDATION: City staff recommends the ordinances and motion be adopted as presented. CONFORMITY TO CITY POLICY: The recommended actions conform to statutes regarding Professional Service Procurement and the FY2011 -2012 Capital Budget. EMERGENCY /NON- EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Police Department. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Contract Summary Exhibit B: Project Budget Exhibit C. Location Map Cc: Veronica Ocarias, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Margie R. Rose, Assistant City Manager -108 — K:Engineering DataExehaneelLvndalPublic Health & SafetvlBond 0815244 - liuoiic safety WarehouselAEAwd - Executive Summarv.docx Contract Summary 1. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer -NE will: it is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing and make recommendations to the City. Coordinate all required services with the Geotech Lab. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Engineer will participate in a minimum of one (1) formal meeting with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The NE will discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and other agencies, including but not limited to the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report of identified feasible alternatives, and review with City staff to produce an acceptable format. The Draft Engineering Letter Report will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project. The AIE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of wayfeasernents to be acquired, and probable Project design solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Engineering) standards (CI /ASCE 38 -02). Subsurface investigation will be paid as an additional service. 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design ,( CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (environmental issues and archeological services to be an Additional Service). Manginsering RaleExd' iangeWevinStGEMPOLICE15244PolicePubiicSafetyN :.;.1 0 9 - ' Adocx EXHIBIT "A" Page 1 of 5 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates and design alternatives. 8) Provide a letter stating that the NE and Sub - consultant Engineers have checked and reviewed the design memorandum prior to submission. 9) Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. Assimilate all review comments of the Draft Engineering Letter Report (if any) and provide one (1) set of the Final Engineering Letter Report (electronic and hard copies using City Standards as applicable) suitable for reproduction. Said Final Engineering Letter Report henceforth becomes the sole property and ownership of the City of Corpus Christi. 2. Design Phase, Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement Engineering Letter Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of the construction bid and contract documents (electronic and full -size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system for utility manholes. Identify distribution . list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary' which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another K:hEngineering DataExchangeYKevinSlGENFOLfCE15244PolicePuhiicSafetyWare' 1 1 0 xhkdocx EXHIBIT "A" Page 2 of 5 • Pluses of selections • ROW requirements• and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f, Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) -measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A!E and Sub - consultant A!E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. if required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Provide one (1) set of the final (100°/x) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. k. Assimilate all final review comments (if any). I. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction, Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. m. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. n. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. o. Provide a Storm Water Pollution Prevention Plan, if required. 3. Bid Phase. The A/E will;. a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. EXHIBIT "A" Page 3 of 5 KCEngineering DataExchangeeKevinS% EN4POLIC3 =45244PalicePublicSafetyW2 -1 1 1 — 'Ad= c. Review ail pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services` approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table. of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that ail scanned image formats are compatible with the image - viewing software available on the City's computer - imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red- line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a K:lEngineering DataExchangelKevinSZEN4POLICE15244PolieePubinSafatyWareY I '-- ,d*docx EXHIBIT "A" Page 4 of 5 3. FEES Su separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data.will be compatible with the City GIS system. Basic Services Fees 1. Preliminary Phase . $25,706.25 2. Design Phase $56,553.75 3. Bid Phase $5,141.25 4. Construction Phase $15,423.75 Subtotal Basic Services Fees $102,825.00 Additional Services Fees (Allowance) 1. TDLR $715.00 2. ROW Acquisition Survey 3. Topographic Survey and Parcel Descriptions 4. Environmental Issues 5. Construction Observation Services $34,830.00 6. Landscape and irrigation $2,200.00 7: Warranty Phase $6,571.00 Sub-Total Additional. Services Fees Authorized $44,316.00 Total Authorized Fee $147,141.0O EXHIBIT "A" Page 5 of 5 IC\Engineering DetaExchangs1KevinSSGEN1POLICE 45244PolirePublicSafe 'Wa .1 1 3— FxhA.docx PROJECT BUDGET PUBLIC SAFETY WAREHOUSE (POLICE) Project No. 5244 December 13, 2011 FUNDS AVAILABLE: Public Health & Safety CIP Fund 1,306,128.84 1,306,128.84 FUNDS REQUIRED: Construction (Est.)........ 950,000.00 Contingencies (10 %) 95,000.00 Consultant Fees: Consultant (LaMar- Womack) 147,141.00 Construction Management/Inspection (included in Consultant Fee) Geotechnical Services 4,650.00 Materials Inspection & Testing (Est.) 16,000.00 Reimbursements: Engineering, Traffic Engineering, Finance, etc. Total — 1 14— 58 000.00 1,270,791.00 Variance 35,337.84 Exhibit B Page 1 of 1 Fife : \ Mproject \counclexhibits \exh5244.dwg CORPUS C3iR.TS?i LOCATION MAP NOT TO SCALE PROJECT # 5244 VICINITY MAP NOT TO SCALE FIRE DEPARTMENT MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY /PARKING LOT -115- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE. 'I of1 IMM IMP INNS NV NM Page 1 of 2 Ordinance appropriating $500,000 from the . Unreserved Fund Balance in the No 1020 General Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation in the No. 3350 Public Health and Safety, CIP Fund; changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $500,000; and declaring an emergency. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund is appropriated for a new Public Safety Warehouse Building for the Police Department, and the $500,000 is authorized to be transferred from the 1020 General Fund to the No. 3350 Public Health and Safety CIP Fund. Section 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance 029155 is changed by increasing both revenues and expenditures by $500,000 each. Section 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances. at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of January, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to for By: 5 -12 Veronica Ocanas Assistant City Attorney For City Attorney Joe Adame Mayor 011712 ORD- Approp- 1020General -CIP (2e) Page 2 of 2 Corpus, Christi, Texas Day of , 2012 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Lea! David Loeb John E. Marez Nelda Martinez Mark Scott 011712 ORD- Approp- 1020GeneraI -CEP (2e) —1 17.7 Page 1 of 2 Ordinance changing the . FY 2011 - 2012 - Capital Budget adopted by Ordinance No. 029135 by increasing appropriations by $500,000 for a separate Public Safety Warehouse .Building Project for the Police Department; and declaring an emergency. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the FY 2011 -2012 Capital Budget adopted by Ordinance 029135 is changed by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project for the Police Department. r Section 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of January, 2012. ATTEST: Armando Chapa City Secretary APPROVED as to for By: Veronica Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 011712 ORD- Change FY11 -12 CapitalBudget (2e) Page 2 of 2 Corpus Christi, Texas. Day of , 2012 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: Ilwe, 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 011712 ORD- Change FY11 -12 CapitaiBudget (2e) —1 1 9- 10 AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: 1/13/2012 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, interim Chief of Palicep radaracco@cciexas.com 886 -2603 CAPTION: Appropriating grant funds for Operation Stonegarden Ordinance appropriating $140,869.80 from Nueces County for funding eligible under the FY2010 Department of Homeland Security Grant Program Operation Stonegarden Grant, in the No. 1061 Police Grants fund to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State Highway 44. BACKGROUND AND FINDINGS: The Nueces County Sheriffs Office has received funding to enhance the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. As a participating entity with Operation Stonegarden, the Nueces County Sheriffs Office, with the assistance of the police departments from Corpus Christi, Robstown, Driscoll and the Nueces County Constables of Precinct 3 and 5 will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State Highway 44. These are two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The end result of the additional enforcement should show a significant impact on the ability of criminal organizations to operate with the Rio Grande Valley. The Police Department will work 2,476.77 hours of overtime and purchase two handheld laser radars. Each month, officers timesheets, signed overtime sheets, and worksheets will be provided to Nueces County who in turn will submit the reimbursement paperwork to FEMA, they will review it and send the check to Nueces County. The Nueces County's Accounts Payable division will process payment to City of Corpus Christi. Grant funds are available through July 31, 2012. ALTERNATIVES: Not to accept the grant. This will lessen the enforcement efforts of the Police Department on illegal entry and smuggling activities. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance Federal Grants FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget Encumbered / Expended Amount This item $140,869.80 $140,869.80 BALANCE $1140,869.80 $140,869.80 und(s): Police Grants Comments: RECOMMENDATION: Approval to appropriate the funds. LIST OF SUPPORTING DOCUMENTS: Approvals: Trisha Dang, Assistant City Attomey Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Ordinance appropriating $140,869.80 from Nueces County for funding eligible under the FY2010 Department of Homeland Security Grant Program, Operation Stonegarden Grant, in the No. 1061 Police Grants fund to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) U.S. Highway 77 and State Highway 44. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $140,869.80 is appropriated from Nueces County for funding eligible under the FY2010 Department of Homeland Security Grant Program, Operation Stonegarden Grant, in the No. 1061 Police Grants fund to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) U.S. Highway 77 and State Highway 44, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to for 3, 2012 T. risha Dang Assistant City Attorney For City Attorney That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez David Loeb Nelda Martinez Larry Elizondo, Sr. Mark Scott District 1 Representative is vacant That the foregoing ordinance was read for the second time and passed finally on this the _ day of , 2012, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez David Loeb Nelda Martinez Larry Elizondo, Sr. Mark Scott District 1 Representative is vacant APPROVED AND PASSED on this day of , 2012. ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor 11 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 DATE: 2/14/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361-826 -3169 CAPTION: Award of a supply agreement: Food Items (CBCOG -12 -1) Recommendation: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -12 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $172,625.43. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Corpus Christi, Texas 140 Line Items $79,724.63 Performance Food Group Victoria, Texas 105 Line Items $92,900.80 Grand Total: $172,625.43 BACKGROUND AND FINDINGS: Each year the City receives funds from State and Federal grants. Several grants are structured to support the elderly in the community. These food items will be used by Senior Community Services for the Elderly Nutrition Program. The food is prepared at the Senior Community Service Kitchen and served at the Senior Citizen Centers and also delivered to households throughout the City. Approximately 129,162 meals will be prepared and served over the six month contract period. ALTERNATIVES: The bids submitted by LaBatt Food Service and Performance Food Group meet all of the City's bid requirements. OTHER CONSIDERATIONS: Not applicable.. CONFORMITY TO CITY POLICY: This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Senior Community Services FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $361,549.00 $0.00 _ $361,549.00 Encumbered / Expended Amount $0.00 $81,424.99 $O.00 $81,424.99 This item $0.00 $172,625.43 $O.00 $172,625.43 BALANCE $0.00 $107,498.57 $0:00 $107,498.57 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager COUNCIL OF GOVERNMENTS- STAPLES , MEAT & OTHER FROZEN FOODS SENIOR COMMUNITY SERVICES Council Date: January 31, 2012 Award Summary: CBCOG -12 -1 LABATT FOOD SERVICE Corpus Christi, Texas One hundered and forty (140) line items consisting of canned fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, juices, oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous, beef, pork, poultry, prepared products, frozen vegetables, breads, dairy, Performance Food Group Victoria, Texas One hundered and five (105) line items consisting of canned fruit, dried fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous, beef, pork, poultry, prepared products, frozen vegetables, breads, dairy, frozen meals $79,724.63 $92,900.80 Grand Total: $172,625.43 12 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 DATE: 2/14/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com CAPTION: Sludge Dewatering Polymer Recommendation: Motion approving supply agreements with. Polydyne Inc., Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater treatment plants in accordance with Bid Invitation No. BI- 0030-12, based on only bid for an estimated twelve month expenditure of $157,412.00 of which $78,706.02 is required for the remainder of FY 2011 -2012. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Wastewater Department in FY 2011 -2012. BACKGROUND AND FINDINGS: This chemical will be used by the Wastewater Department to treat wastewater effluent. ALTERNATIVES: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON- EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,642,030.00 $1,642,030.00 Encumbered / Expended Amount $652,933.24 $652,933,24 This item $78,706.02 $78,706.02 BALANCE $910,390.74 $910,390.74 Fund(s): Wastewater Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BID TABULATION — is attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —136— Bid invitation No.: BI- 0030 -12 Sludge Dewatering Polymer Buyer: Gabriel Maldonado Date: January 31, 2012 ITEM DESCRIPTION QTY. UNIT CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION POLYDYNE INC. RICEBORO, GA Unit Price 1.0 Sludge Dewatering Polymer 1.1 Deliver to Allison Treatment Plant 4104 Allison Dr. 1.2 Deliver to Broadway Treatment Plant 1402 W. Broadway 1.3 Deliver to Greenwood Treatment Plant 6541 Greenwood Dr. 1.4 Deliver to Laguna Madre Treatment Plant 201 Jester 1.5 Deliver to Oso Treatment Plant 601 Nile Dr. 1.6 Deliver to Whitecap Treatment Plant 13409 Whitecap Blvd. Extended Price 14,400 Pounds $1.18 $16,992.00 15,600 Pounds 1.18 18,408.00 39,000 Pounds 1.18 46,020.00 6,900 Pounds 1.18 8,142.00 55,200 Pounds 1.18 65,136.00 2,300 Pounds 1.18 2,714.00 Total $157,412.00 -137- 13 AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: 1/19/2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361-826-7205 2012 Tuberculosis Prevention and Controll CAPTION: A. Resolution authorizing the City Manager or designee to accept a grant of $61,735 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and execute all related documents; and to ratify acceptance of the grant to begin as of January 1, 2012. B. Ordinance appropriating a grant of $61,735 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis; and declaring an emergency. BACKGROUND AND FINDINGS: A grant from the Texas Department of State Health Services in the amount of $61,735 is appropriated in the No. 1066 Health grants fund for the elimination and control of tuberculosis. The contract provides the Health District with financial assistance for expenses to support services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. The contract period is from January 1, 2012 to December 31, 2012. ALTERNATIVES: Discontinue the elimination and control of tuberculosis OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY /NON- EMERGENCY: Resolution and ordinance will be acted on in one reading. --1 41- DEPARTMENTAL CLEARANCES: Legal Finance- Federal Grant and Office of Management and Budget. FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 61,735 61,735 BALANCE und(s): Health Grant Fund Comments: No match funding required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Resolution / Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager —142— Resolution authorizing the City Manager or designee to accept a grant of$61,735 from-the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and execute all related documents; and to ratify acceptance of the grant to begin as of January 1, 2012. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $61,735 from the Texas Department of State Health Services to provide for the elimi- nation and control of tuberculosis and to execute all related documents. Additionally, the City Council ratifies acceptance of the grant to begin as of January 1, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 11, 2012 Eliz h R. Hundley As ant City Attorney for the City Attorney Joe Adame Mayor EHres306 TB Grant Fed 2012 20120111 Page 1 of t -143- Corpus Christi, Texas day of 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott District 1 Representative is vacant. EHres306 TB Grant Fed 2012 20120111 —144— Page .2 of 2 Ordinance appropriating a grant of $61,735 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Grant funding in the amount of $61,735 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. SECTION 2, Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED: January 11, 2012 Eliza • - h R. Hundley Assis nt City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord354 TB Grant Fed 2012 20120111 Page 1 of 2 —145— Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott District 1 Representative is vacant. EHord354 TB Grant Fed 2012 20120111 Page 2 of 2 —146— 14 AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: 1/19/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P Interim Director o Engineering Services Danb ac cctexas.cormr(361s) 826 -3729 CAPTION: Foster Crowell- Director of Wastewater Services Fosterc @cctexas.com (361) 857 -1801 Resolution to Execute Memorandum of Agreement (MOA): NAS Corpus Christi Effluent Reuse Force Main Resolution authorizing the City Manager, or designee, to execute a Memorandum of Agreement (MOA) with the United States Naval Air Station, Corpus Christi, Texas (NASCC) to provide Type 11 reclaimed water service to irrigate the on -base Gulf Winds Golf Course. BACKGROUND AND FINDINGS: This proposed Memorandum of Agreement with the United States Naval Air Station is associated with, and is the final step, in completing the NAS Corpus Christi Effluent Reuse Force Main project. The ultimate goal of this project is to transfer Type 11 treated effluent from the Laguna Madre Wastewater Treatment Plant (WWTP) to Naval Air Station Corpus Christi (NASCC) for the purpose of irrigating the Gulf Winds Golf Course. The benefits of the project are two -fold; it provides a way to beneficially reuse the effluent from the Laguna Madre WWTP instead of conveying it into the Laguna Madre and it also reduces the demands on the City's potable water system. The overall project was separated into two phases with each being funded and designed by the respective owner. The City of Corpus Christi was responsible for Phase 1 of the project which included an effluent lift station and a 6,100 linear feet of 12 -in PVC force main from the Laguna Madre WWTP to the NASCC property line. The City began construction on Phase 1 in September 2009 and construction was completed ahead of schedule in May 2011. NASCC was responsible for Phase 2 which included an earthen storage reservoir, an irrigation pump station and the installation of the remaining portion of the force main to convey the effluent from the Navy property line to the proposed storage reservoir located on the golf course. ALTERNATIVES: 1. Not supply effluent water to the Naval Air Station Corpus Christi. -149- OTHER CONSIDERATIONS: The City's permit for the use of Type 11 Reclaimed Water from the Laguna Madre Wastewater Treatment Plant carries with it restrictions for the use of such effluent. While the. -Texas Commission. on: Environmental Quality (TCEQ) authorization under Chapter 210 of the State Code in no way affects the need of an end -user to obtain separate authorization from the Commission, the City is required to ensure that the Navy, as the end user, adheres to the requirements of the authorization for reclaimed water and with the conditions of the City's discharge permit. CONFORMITY TO CITY POLICY: This agreement adheres to TCEQ restrictions and permit requirements for the use of Type 11 Reclaimed Water. EMERGENCY 1 NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: C1P NOT APPLICABLE WITH THIS RESOLUTION. Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered Expended Amount • This item BALANCE Fund(s): N/A RECOMMENDATION: City staff recommends this Memorandum of Understanding between the City of Corpus Christi and the Naval Air Station Corpus Christi be approved so the transfer Type 11 treated effluent from the Laguna Madre Wastewater Treatment Plant (WWTP) to Naval Air Station Corpus Christi (NASCC) begin for the purpose of irrigating the Gulf Winds Golf Course. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map_ Approvals: Veronica Ocanas, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager File : \ Mproject ,councilexhibits \exh7407b.dwg c� v LOCATION MAP NOT TO SCALE 12" EFFLUENT LINE r-•T ^' T PROJECT SITE k CG 111U11111111111111111 11111 ik, t ;. 1;.71191111 iii 0111111 11111111•!1 11111, 111111111111 ■11 �1 - 't 1111111.1 •11 � r." /� �� r °rultrol, mil: inrlar � f1 C 111114.... ar II 10644i ,S 00%11 siP ES MEM PROJECT # 7407 0 MATLOCK ST. IF 111111111 11E110111 ® IIIMIlIl1 INIIfll III11nIL _IIIIII11I111IH IIIIIIIImIIIIII — 1111111IIIIP. n i■II11HIIihI? :[�i± L UENT In111[I11,� �1 N =NIA1 inn Amp _. •,I tIo.111• E °: SOUTH PADRE ISLAND DRIV E VICINITY MAP NOT TO SCALE IT- i f LLU LL'L 1 m i r,-r -i NAS CORPUS CHRISTI EFFLUENT REUSE FORCE MAIN 1 g 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 -- IOW MIN twORroftro Resolution authorizing the City Manager, or designee, to execute a Memorandum of Agreement with the United States Naval Air Station, Corpus Christi, Texas (NASCC) to provide Type I1 reclaimed water service to irrigate the on -base Gulf Winds Golf Course. WITNESSETH THAT: WHEREAS, City has proposed to provide Type 11 reclaimed water from the Laguna Madre Wastewater Treatment Plant (WWfP) through a newly constructed City Effluent Reuse Force Main and Pump Station which brings Type!! reclaimed water from the WWTP to the property line of NASCC; and WHEREAS, NASCC has agreed to accept the Type 11 reclaimed water via an agreed upon off -base connection point to be pumped onto the installation for use in filling the retention pond and irrigating the Morale, Welfare, and Recreation (MWR) operated on -base golf course, the Guff Winds Golf Course (hereinafter Gulf Winds Golf Course); and WHEREAS, Texas Commission on Environmental Quality (TCEQ) Authorization No. R10401 -008 issued November 15, 200E for City's TCEQ Permit No. 1041 -008 approves City's transmission of Type!! reclaimed water for, among other matters, the irrigation of golf courses, in compliance with a series of conditions /restrictions; and WHEREAS, City's permit for the use of Type!! reclaimed water and TCEQ Authorization No. R10401.008, for City's TCEQ Permit No. 1041 -008, does not affect or require the end -user of Type 11 reclaimed water (NASCC and MWR Gulf Winds Golf Course) to obtain separate authorization from TCEQ for use of Type 11 reclaimed water for the purpose of filling a retention pond and irrigating the Gulf Winds Golf Course; and WHEREAS, TCEQ Authorization No. R10401 -008, for City's TCEQ Permit No. 1041 -008, does require City to ensure any end -user adheres to the requirements of City's authorization for Type 0 reclaimed water and the terms of the governing permit; and WHEREAS, the City's Agreed Order with the Texas Natural Resource Conservation Commission (now the Texas Commission on Environmental Quality [TCEQ]), which amends the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001 -0230 -WR, credits the City with return flows of 54,000 acre feet per annum, based on the assumption that return flows delivered to Corpus Christi Bay and other receiving estuaries of 54,000 acre -feet per annum, which credit could be lost if the actual return flows are less than 54,000 acre -feet, and additional water may need to be released from the Lake Corpus Christi /Choke Canyon Reservoirs System to make up the shortfall in effluent discharges; and J :11.ENG11 Service.docx AGENDA 1T E M S\1210214121021412 RESO M0A NASCC Type 11 Reclaimed Water -152- WHEREAS, the City and NASCC recognize that the return flows to Corpus Christi Bay and other receiving estuaries currently exceed 54,000 acre -feet, and it is assumed that return flows will remain in excess of 54,000 acre -feet during the term-of this Agreement, The Parties recognize that if the return flows do not exceed 54,000 acre -feet, that the terms of the Memorandum of Agreement may need to be modified; and WHEREAS, the City currently provides Type II reclaimed water or effluent to customers without charge, but is considering the adoption of a Type!! reclaimed water or effluent utility system that will finance the costs of construction, operation, and maintenance of Type 11 reclaimed water or effluent delivery systems throughout the City; and WHEREAS, when, and if, an effluent utility rate is established, and subject to the provisions of Paragraph 3.c.(2) of the Memorandum of Agreement, the City will continue to provide Type 11 reclaimed water to NASCC/MWR Gulf Winds Golf Course at the established rate for Type 11 reclaimed water or effluent, which is equal to the lowest charge made to any other recipient of Type 11 reclaimed water or effluent from the City, other than the City; and WHEREAS, City and NASCC agree that NASCC and MWR Gulf Winds Golf Course as the end -user of Type 11 reclaimed water will adhere to the requirements of City's authorization for Type 11 reclaimed water; and WHEREAS, this project will promote the conservation, development, and proper utilization of Type 11 reclaimed water and ground water by both parties to this agreement; and WHEREAS, the City Council of the City of Corpus Christi desire to authorize the City Manager to enter into and execute a Memorandum of Agreement with the United States Naval Air Station, which provides terms and conditions for City and NASCC and MWR Gulf Winds Golf Course to participate in the use of City's Type 11 reclaimed water for the purpose of filling the retention pond and irrigating the Gulf Winds Golf Course, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute a Memorandum of Agreement with the United States Naval Air Station, Corpus Christi, Texas (NASCC) to provide to NASCC Type 11 reclaimed water to fill the retention pond and irrigate the Gulf Winds Golf Course. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Agreement, including non substantial amendments thereto. J:11.ENG11 AGENDA ITEM S112\0214121021412 RESO MOA NASCC Type II Reclaimed Water Service.docx -153- ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED A TO FORM: 19 -Jan -12 Veronica Ocana Assistant City Attorney for City Attorney J:11.ENG11 AGENDA ITEM 51121021412102.1412 RESO MOA NASCC Type 11 Reclaimed Water Service.docx —154— Corpus Christi, Texas of 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott *District 1 Representative is vacant J:11.ENG11 AGENDA ITEM S\1210214121021412 RESO MOA NASCC Type II Reclaimed Water Service.docx —155— City of CC -NASCC Effluent Water MOA MEMORANDUM OF AGREEMENT• BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND COMMANDER, NAVY REGION SOUTHEAST NAVAL AIR STATION CORPUS CHRISTI, CORPUS CHRISTI, TEXAS THIS Memorandum of Agreement (MOA) is entered into by and between the City of Corpus Christi, Texas (City), by its City Manager, and the Naval Air Station Corpus Christi, Texas (NASCC), by its Commanding Officer. The purpose of this MOA is to establish the terms and conditions under which City will provide and NASCC will accept Type II reclaimed water service from the Laguna Madre Wastewater Treatment Plant (WWTP). This project will promote the conservation, development, and proper utilization of Type II reclaimed water and ground water by both parties to this agreement. WITNESSETH THAT: WHEREAS, in consideration of NASCC agreeing to provide a place for City to dispose of their Type II reclaimed water and constructing the requisite infrastructure, City has proposed to provide Type H reclaimed water from the WWTP through a newly constructed City Effluent Reuse Force Main and Pump Station which brings Type II reclaimed water from the WWTP to the property line of NASCC, see Attachment A; WHEREAS, in consideration of City proposing to provide Type II reclaimed water to irrigate the Gulf Winds Golf Course and constructing the' requisite infrastructure, NASCC has agreed to accept the Type II reclaimed water via an agreed upon off -base connection point to be pumped onto the installation for use in filling the retention pond and irrigating the Morale, Welfare, and Recreation (MWR) operated on -base golf course, the Gulf Winds Golf Course (hereinafter Gulf Winds Golf Course) of which MWR owns the maintenance Unit Identification Code (UIC); Attachment A to this agreement shows the connection point just outside the property line of NASCC, as well as the Type II reclaimed water lines extending to the Gulf Winds Golf Course and retention pond; WHEREAS, Texas Commission on Environmental Quality (TCEQ) Authorization No. R10401 -008 issued November 15, 2006 for City's TCEQ Permit No. 1041 -008 approves City's transmission of Type II reclaimed water for, among other matters, the irrigation of golf courses, in compliance with a series of conditions /restrictions; Attachment B to this agreement sets forth TCEQ's specific conditions and/or restrictions for use of Type II reclaimed water; WHEREAS, City's permit for the use of Type II reclaimed water and TCEQ Authorization No. R10401 -008, for City' s TCEQ Permit No. 1041 -008, does not affect or require the end -user of Type II reclaimed water (NASCC and MWR Gulf Winds Golf Course) to obtain separate authorization from TCEQ for use of Type II reclaimed water for the purpose of filling a retention pond and irrigating the Gulf Winds Golf Course; Page 1 of 10 — 1 56— City of CC -NASCC Effluent Water MOA WHEREAS, TCEQ: Authorization No. R104.01-008, for City's TCEQ:. Permit No. 1041 -008, does require City to ensure any end -user adheres . to the requirements of City's authorization for Type II reclaimed water and the terms of the governing permit; WHEREAS, The City's Agreed Order with the Texas Natural Resource Conservation Commission (now the Texas Commission on Environmental Quality (TCEQ]), which amends the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001 - 0230 =WR, credits the City with return flows of 54,000 acre feet per annum, based on the assumption that return flows delivered to Corpus Christi Bay and other receiving estuaries of 54,000 acre -feet per annum, which credit could be lost if the actual return flows are less than 54,000 acre -feet, and additional water may need to be released from the Lake Corpus Christi/Choke Canyon Reservoirs System to make up the shortfall in effluent discharges. WHEREAS, the City and NASCC recognize that the return flows to Corpus Christi Bay and other receiving estuaries currently exceed 54,000 acre -feet, and it is assumed that return flows will remain in excess of 54,000 acre -feet during the term of this Agreement. The Parties recognize that if the return flows do not exceed 54,000 acre -feet, that the terms of this Agreement may need to be modified. WHEREAS, the City currently provides Type II reclaimed water or effluent to customers without charge, but is considering the adoption of a Type II reclaimed water or effluent utility system that will finance the costs of construction, operation, and maintenance of Type II reclaimed water or effluent delivery systems throughout the City. WHEREAS, when, and if, a effluent utility rate is established, and subject to the provisions of Paragraph 3.c.(2) the City will continue to provide Type II reclaimed water to NASCC/MWR Gulf Winds Golf Course at the established rate for Type II reclaimed water or effluent, which is equal to the lowest charge made to any other recipient of Type II reclaimed water or effluent from the City, other than the City. WHEREAS, City and NASCC agree that NASCC and MWR Gulf Winds Golf Course as the end -user of Type H reclaimed water will adhere to the requirements of City's authorization for Type II reclaimed water, see Attachment B; WHEREAS, TCEQ and City acknowledge NASCC is a component of the United States Government (Government), Department of the Navy, and is subject to limitations of liability and immunity per the Constitution and applicable statutes of the United States; WHEREAS, TCEQ and City acknowledge City is a political subdivision of the State of Texas and is subject to limitations of liability and immunity per applicable statutes and the Constitution of the State of Texas; NOW, THEREFORE, in consideration of the above, City and NASCC and MWR Gulf Winds Golf Course hereby agree to participate in the use of City's Type II reclaimed water for the purpose of filling the retention pond and irrigating the Gulf Winds Golf Course. _41 Page 2 of 10 —157— City of CC -NASCC Effluent Water MOA 1. Agreement. a. CITY (1) To the extentpermitted by law, maintain sole responsibility for funding, operation, and maintenance of the WWTP, pipelines, pump stations, and any associated equipment or facilities, specifically including the City Effluent Reuse Force Main and Pump Station, by which Type II reclaimed water is carried to the connection point at the property line of NASCC, see Attachment A. (2) To the extent permitted by law, permit NASCC to connect to City's pipeline and equipment at the connection point, see Attachment A, where Navy owned equipment will receive the Type II reclaimed water and convey it to a retention pond for irrigation of the Gulf Winds Golf Course. (3) To the extent permitted by law, provide Type II reclaimed water to and authorize NASCC to receive Type II reclaimed water from the WWTP in accordance with the terms, conditions, and restrictions applicable to Type II reclaimed water set forth in Attachments B and C. (4) Comply with the terms, conditions, and restrictions on transfer of Type II reclaimed water to an end -user contained in Attachments B and C; including but not limited to: (a) Test and sample the Type II reclaimed water twice a week and make those test and sample results known to NASCC/ Gulf Winds Golf Course; (b) Immediately notify NASCC of any problems with operation of the WWTP, pipeline, pump station, or any associated equipment or facilities, specifically including the City Effluent Reuse Force Main and Pump Station, that may negatively impact the transfer of Type II reclaimed water to NASCC; and (c) Immediately notify NASCC of any indications of changes to the quality (i.e. contaminant levels) of the Type II reclaimed water to be transferred to NASCC. (5) Not hold or claim liability against NASCC for any non - compliance by City with the terms, conditions, and restrictions for transfer of Type II reclaimed water to an end -user contained in Attachments B and C. (6) To the extent permitted by law, provide Type II reclaimed water from WWTP to NASCC on an as needed, end -user demand basis for filling the retention pond and irrigating the Gulf Winds Golf Course; upon completion of NASCC's Type.II reclaimed water project. (7) Periodically review NASCC/ Gulf Winds Golf Course's Type II reclaimed water operations to ensure compliance with the terms, conditions, and restrictions for such end -user operations identified in Attachments B and C. Page 3 of 10 —158— City of CC -NASCC Effluent Water MOA (8) Provide instructions /procedures on the operation of the Type II reclaimed water delivery system to NASCC/ Gulf Winds Golf Course to incorporate into their Operation and Maintenance Manual, see Attachment D. (9) To the extent permitted by law, provide Type II reclaimed water to NASCC at no cost. If there is any change to this requirement, City must provide advance notice to NASCC per paragraph 3.c. (10) Notify NASCC as soon as practicable but no later than 30 days after City's notice of any proposed changes to policy, legislation, and terms, conditions, or restrictions in the governing permits /authorizations, Attachments B and C, that may impact deliver of Type II reclaimed water or the conditions under which the end -user may accept or use Type II reclaimed water. b. NASCC/ MWR Gulf Winds Golf Course will: (1) To the extent permitted by law and appropriation of the United States government, . complete development, funding, and construction of the Type II reclaimed water forced main, lift stations, and pipeline connection to the Gulf Winds Golf Course irrigation system and notify City when Gulf Winds Golf Course operations are ready for irrigation. (2) Maintain responsibility for funding, operation, and maintenance of the pipeline, lift station, and any associated equipment or facilities by which Type II reclaimed water is conveyed to the retention pond and the Gulf Winds Golf Course irrigation system from City's Effluent Reuse Force Main and Pump Station. MWR is the owner of the maintenance UIC /operator of the Gulf Winds Golf Course and therefore solely responsible for the funding for operation, maintenance, environmental compliance, and all environmental fines and/or penalties; operation; and maintenance related to this Type 11 reclaimed water system after the connection point at the property line of NASCC. (3) Operate the on -base Type II reclaimed water system in accordance with the terms, conditions, and restrictions for end -users contained in A ttachments B and C; including but not limited to: (a) Test and sample the ground water associated with the Type II reclaimed water retention pond leak detection system of the Gulf Winds Golf Course and provide City the results of these tests as required by City, City's Permit, or by TCEQ; (b) Comply with applicable TCEQ variance requirements, and specifically with the requirements under the Letter from TCEQ to M. Lee Niles, P.E., of Pape- Dawson Engineers dated December 12, 2011, signed by Dex Dean, E.I.T., and Louis C. Herrin, III, P.E., of the Wastewater Permits Section (MC148), Water Quality Division, TCEQ (also- referred to as " the Variance" or the "Design Approval "), see Attachment C; (c) Permit City access to NASCC, upon request, for review of the operation and testing/sampling procedures - subject to NASCC security requirements; Page 4 of 10 —159— City of CC -NASCC Effluent Water MOA (d) Provide City for review /approval, and implement an Operations and Maintenance Manual for the Type II reclaimed water system onboard NASCC, see Attachment D; (e) Comply with Attachment B regarding no human contact with Type II reclaimed water; and (f) Comply with Attachment B regarding proper signage near the retention pond. (4) Receive water from City on an as- needed basis and inform City of Type II reclaimed water requirements on a routine basis. (5) Maintain the right and ability, per Attachment B, to refuse delivery of Type II reclaimed water at any time for any reason. (6) Notify City within 30 days of NASCC's receipt of notice of any policy, funding, or operational issues which could negatively impact NASCC's ability to accept Type II reclaimed water and/or comply with the terms, conditions, and restrictions for an end - user's receipt of Type 1T reclaimed water set forth in Attachments B and C. 2. Attachments. The following attachments are referenced throughout this MOA and the contents of each are hereby incorporated by reference as a term and condition of this MOA by agreement of the parties unless specifically set forth otherwise in this agreement: a. Attachment A: NASCC design drawing dated 29JUN2011. b. Attachment B: Letter from City to NASCC dated August 25, 2010 with Attachment, Copy of Authorization for Reclaimed Water No. R10401-008 w/ attachment issued November 15, 2006. c. Attachment C: TCEQ Variance issued for MWR Gulf Winds Golf Course irrigation system (Letter from TCEQ to M. Lee Niles, P.E., of Pape- Dawson Engineers dated December 12, 2011, ,signed by Dex Dean, E.I.T., and Louis C. Herrin, III, P.E., of the Wastewater Permits Section (MC148), Water Quality Division, TCEQ). d. Attachment D: Operations and Maintenance Manual for the Gulf Winds Golf Course Pump Station Replacement, Corpus Christi Naval Air Station, Corpus Christ, Texas of January 2012 incorporation by reference document. 3. Administrative Provisions: a. Effective Date and Duration. This MOA shall be effective on the date upon which the last party to this Agreement executed and dated the same. This MOA shall remain in effect for one year subject to nine one year renewals; provided NASCC/ MWR Gulf Winds Golf Course receive appropriations to comply with this MOA as required by paragraph 3.i.. Page 5 of 10 —160— City of CC -NASCC Effluent Water MOA b. Termination. The City acknowledges Commanding Officer of NASCC has the right to terminate the MOA, in whole or in part, without cost or liability to the Government, when it is in the interest of the Government or required for compliance with any law, regulation or appropriation statute. The parties further agree that either party may terminate the MOA, for any reason, upon giving 30 day written notice to the other party of the intent to do so. c. Changes or Modifications. (1) Excluding Type H reclaimed water fees or charges, changes or modifications to this MOA may be proposed by either party at any time following the effective date of the agreement. Proposed changes must be submitted to the other party in writing and allow for a minimum 60 day review period. Changes may only be incorporated in this MOA upon written agreement and signature execution of both parties. (2) Should City intend to modify and impose a Type II reclaimed water fee or charge to NASCC / MWR Gulf Winds Golf Course that is different from paragraph 1.a.(9), NASCC/ MWR Gulf Winds Golf Course reserves the right to unilaterally terminate this MOA. A new utility service with fees by City is subject to the contract requirements of 48 CFR Part 41. d. Review and Renewal. This MOA shall be reviewed annually prior to renewal to ensure accuracy and to incorporate any changes proposed by either party not previously addressed. Subject to agreement by both parties, renewal of this MOA should be initiated at least 60 days prior to expiration. e. Notices. All notices to each party shall be in writing and shall be either hand - delivered or sent via U.S. certified mail to the respective party's designated representative as specified herein below. Except as otherwise provided herein, notices may be sent via e-mail or fax, which shall be deemed delivered on the date transmitted and received f. Primary Contacts. (1) CITY of CC: Representative: Oscar Martinez Title: Assistant City Manager for Public Works Address: 1201 Leopard Street, City Hall Building Corpus Christi, TX 78401 Telephone: (361) 826 -3897 Email: oscarm @cctexas.com Representative: Foster Crowell Title: Director of Wastewater Operations Address: P.O. Box 9277 Corpus Christi, TX 78469 - 9277 Telephone: (361) 857 -1800 Email: fosterc@cctexas.com Page 6 of 10 —161— City of CC -NASCC Effluent Water MOA (2) NASCC: Representative: LCDR Craig A. Clutts Title: NASCC Public Works Officer Address: 8851 Ocean Dr, Building 19 Corpus Christi, TX 78419 Telephone: (361) 961 -3665 Email: craig.clutts@navy.mil (3) MWR Gulf Winds Golf Course: Representative: David Sullivan Title: Director, MWR Address: 385 5th Street, Building 39 Corpus Christi, TX 78419 Telephone: (361) 961 -2267 Email: david.sullivan2 @navv.mil Representative: James E. Day Title: Gulf Winds Golf Course Manager Address: 385 5th Street, Building 39 Corpus Christi, TX 78419 Telephone: 361-961-3250 Email: james.e.day@navy.mil navy.mil g. Insurance. City is self- insured and does not normally carry insurance, except for a large umbrella policy. h. Disputes: This MOA is subject to the Contracts Disputes Act of 1978 as amended (41 U.S.C. 601 -613) and all disputes arising under or related to the MOA shall be resolved pursuant to 48 C.F.R. 52.233 -1 and 52.233 -4. i. Anti - Deficiency Act. The execution and compliance with the MOA by NASCC and MWR Gulf Winds Golf Course are subject to the provisions of the Anti - Deficiency Act, as amended, 31 U.S.C. §1341 et. seq., 10 U.S.C. § 2783 (Nonappropriated fund instrumentalities: financial management and use of nonappropriate d funds), and requisite regulations which control funding of operations set forth in Attachment D. Nothing in this MOA is intended to make or authorize an expenditure or obligation exceeding an amount or purpose available in a United States Government (Government) appropriation or fund for the expenditure or obligation in violation of the Anti - Deficiency Act. Furthermore, this MOA is not intended to involve the Government in a contract or obligation for payment or any other expense before an appropriation is adopted unless otherwise authorized by. law. Page 7 of 10 —1 6 2— City of CC -NASCC Effluent Water MOA j. Environmental Compliance and Liability: (1) City Shall be responsible for environmental remediation, impacts, claims, liabilities, fines, penalties, or damages arising under Environmental Laws, as defined below, to the extent caused by or resulting from any negligent action of City (including actions not in accordance with applicable laws and permits or not in accordance with industry standard) with respect to City's undertaking to provide Type II reclaimed water pursuant to this MOA. (2) Government is only responsible for the requirements applicable to all end users of Type 11 reclaimed water from City per Attachment B, including requirements related to the operation and maintenance of any Type II reclaimed water facilities located on NASCC or operated by NASCC/MWR Gulf Winds Golf Course. City will at all times comply with all Environmental Laws, as defined below, that are applicable to City's activities to provide Type II reclaimed water pursuant to this MOA. The term "Environmental Laws" means all statutes, standards, prohibitions, obligations, schedules, plans, permits and timetables having the force of law that are contained in or promulgated pursuant to any federal, state or local laws, regulations or ordinances whether existing now or hereinafter enacted, relating to pollution, protection of the environment, or drinking or domestic water supply, in each case to the extent applicable to City's activities to provide Type 11 reclaimed water to NASCC and MWR Gulf Winds Golf Course, including but not limited to laws relating to safe drinking water, emissions, discharges, releases or threatened releases of environmental hazards into ambient air, surface water, ground water, drinking or domestic water supply, or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, refinement, production, disposal, transport or handling of environmental hazards, including, but not limited to, Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq.; Solid Waste Disposal Act, as amended by • Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq.; Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq.; Hazardous Materials Transportation Act, 49 U.S.C. § 5101; Safe Drinking Water Act, 42 U.S.C. § 300f, et seq.; Occupational Safety and Health Act, 29 U.S.C. § 651, et seq.; Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. § 11001, et seq.; Atomic Energy Act, 42 U.S.C: § 2014, et seq.; Endangered Species Act, 16 U.S.C. § 1531, et seq.; Marine Mammal Protection Act of 1972, 16 U.S.C. § 1361, et seq.; Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136, et seq.; Clean Air Act, 42 U.S.C. § 7401, et seq.; and their state analogs, counterparts, and other state laws, regulations, and statutes relating 1 to protection of human health and the environment. (3) City will be responsible for obtaining at its cost and expense any environmental permits and approvals required for its operations under this MOA. No existing permits issued to the Government will be used by City without the express written consent of the Government. City will provide notice to the Government of any environmental reports related to the provision of Type II reclaimed water to NASCC/MWR Gulf Winds Golf Course which City submits to any environmental regulatory agency. Copies of all permits and regulatory notices obtained by City, related to the provision of reclaimed water to NASCC /MWR Gulf Winds Golf Course, will be provided to the Government. City shall not commence the provision of Type II reclaimed water to NASCC/MWR Gulf Winds Golf Course until any required permits or approvals are formally Page 8 of 10 —163— City of CC -NASCC Effluent Water MOA obtained from the permit issuing authority, as applicable, and will promptly notify the Government if it has actual knowledge of any activity that may constitute a permit violation. (4) To the extent authorized by law, City will maintain and make available to the Government, at the request of the Government, all records required to be maintained by Environmental Laws, relating to environmental compliance, clean-up, and/or remediation action by City with respect to provision of Type II reclaimed water to NASCC/MWR Gulf Winds Golf Course. The Government reserves the right to inspect all such records. Any City violations of Environmental Law may be reported by the Government to appropriate regulatory agencies, to the extent required by Environmental Law. (5) Except for those matters for which the Government is responsible, to the extent authorized by law, City shall be responsible for, and indemnify, defend, and hold harmless the Government, its agents, employees, contractors, subcontractors, officers, successors and assigns from any actions, operations, claims for damages, notices of violation, notice of non - compliance, notice of deficiency or other costs, expenses, liabilities, fines, or penalties to the extent resulting from generation, manufacture, presence, release, discharge, emissions, spills, use, storage, handling or disposal of Environmental Hazards by City, its officers, agents, employees, contractors, subcontractors or any sub - lessees or licensees, or the invitees of any of them from and after the effective date of the MOA giving rise to civil or criminal liability or any responsibility under Environmental Laws with respect to provision of Type II reclaimed water to NASCC MWR Gulf Winds Golf Course. The term "environmental hazards" shall mean asbestos or any substance containing asbestos, polychlorinated biphenyls (PCB), PCB contaminated material and equipment as defined in 40 C.F.R. 761.3, lead, lead based paint materials, flammable explosives, radioactive materials, petroleum based products, chemicals known to cause cancer or reproductive toxicity, or that pose a risk to human health or safety or the environment or that are regulated under Environmental Laws, pollutants, effluents, residues, contaminants, emissions or related materials, natural gas liquids, and any items defined or regulated as "hazardous waste," "hazardous materials," "hazardous substances," "toxic waste," "toxic materials," or "toxic substances" or words of similar import, all under any applicable Environmental Law. The term "environmental hazards" shall not include items that are "household hazardous waste" including chemicals, lubricants, refrigerants, household supplies, materials for common residential purposes, and other substances kept in amounts typical for, and used as, standard janitorial supplies, office supplies, and the like in connection with the routine maintenance and operation of residential projects, to the extent kept, used, and maintained in a manner consistent with their intended uses. The term "environmental hazards" also shall not include any substance or material that is identified herein in concentrations that do not require an action, including release reporting, monitoring or investigation under Environmental Laws. (6) Per OPNAVINST 5090.1C (w/ CH -1) section 1 -2.2, NASCC and MWR Gulf Winds Golf Course shall comply with all applicable Federal, State, and local environmental, natural resource. and cultural resource statutes and regulations; as well as the requirements of Presidential E.O.'s; Navy policies, regulations, and requirements. City acknowledges NASCC and MWR Gulf Winds Golf Course are prohibited from indemnifying City per the Anti - Deficiency Act. To the extent authorized by law, City may file a claim under the Federal Torts Claim Act. Page 9 of 10 —164— City of CC -NASCC Effluent Water MOA .k.. Construction of Agreement. This MOA sha11 not be construed more strictly against one party than against the other as both parties have contributed substantially and materially to the preparation hereof. NASCC has and operates from time to time a waste water treatment plant and sewage system which may provide Type II reclaimed water to areas on NASCC. It is agreed by the parties that NASCC may continue to operate such facilities in parallel with the City as required and as appropriate. 4. Entire Agreement. This Agreement and the Attachments, which are hereby incorporated in their entirety by reference, upon execution by City and NASCC, constitute the entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed orally or by any means other than as specified in section 3.c.. 5. Executed. This day of 2012 by: CITY OF CORPUS CHRISTI NAVAL AIR STATION CORPUS CHRISTI /5/ Ronal L. Olson City Manager Date: / / ATTEST Isl Armando Chapa City Secretary Date: / / Approved as to Fo r,,A r , /sl L�l�'�'�'� p Veronica Ocanas Assistant City Attorney For City Attorney Date: j I / �� 6. Concurrence. /s/ D.M. Edgecomb, CAPT, USN Commanding Officer Date: / 1 NAVY REGION SOUTHEAST Isl S.H. Blaisdell, CAPT, USN Chief of Staff Date: / . / Isl Wade Rice, CIV Comptroller Date: 1 / Naval Air Station Corpus Christi Morale, Welfare, and Recreation Dept. MWR, Gulf Winds Golf Course lsl David Sullivan, CIV Director Date: Page 10 of 10 —165— am. 41torn mar re f vi ,1 I \ S • •1 g r >Yt • S a9 hilop • NAVAL AIR STATION CORPUS CHRISTI s GULF WINDS GOLF COURSE PUMP STATION REPLACEMENT OVERALL srm PLAN —166— VOILA ra} ;M 3Qantga OOSVNY003o £O Wng Etimbar ciTYMANIMR, City of CC-NASCC Effluent Water MOA August 25, 2010 - Captain Randolph plerson CoMmanding Officer Naval Air Statibn Corpus. Christi 11001 D. Street Suite :101 Corpus Christi., TX 784f9. REPLY TO THE ATTENTION OF: Angel R Escobar, City Manager RE; NA 0 Effluent Reim Force Win end Lift,Station :ciftOrhus arid; Laguna: Madre.WWTP: Permit No. to4i-00: -AuthorUation Number RI0401-008; Fero* Requirements ,•. Capt. Plows; . The **Situation of the City's Effilieht Reuse Force: Main and PoreipStatiOrt projentlenearinteornpletion. The project wiH orovidstreatedeffluenfto the: Oorpu.S.OhtiSti Naval Air Station, to he used primaillyfor the pumose.onnigation for a:golf dowse on the As you are probably aware, 14e.-,QtYperrntt for The use OITA* 11 13001altned Water fpffiltre-Laguile Madre Wastewater Treatment Nadeau:Fes with it restrictions for the use4.such .effitent. While, the Texas -CornrnIssitm an Emilronmental...Guality. (TCEQ)authoriZation under Chapter 216 Ofthe,State :ode in no way awls the need .of end-user to obtain Aeparate.auttmdzation..frotn the Commission, the City is .required to obtore . that the Navy, as the and user, adheres to the requirements of out authorization for reelated Waterand with the conditiont,cfrour operating; permit. Cierteral requirements • There shall be no nuisance =unions rootingfrom the use or storage, of reclaimed water and ground water quality must not be degraded, • • :Modifications to the Reclaimed. Water System must he accomplished Under the review of a TOtas1100.0Sed professional engineer, • Reclaimed water stored in PQFKIA. WA be prevented from diacharging. into wersOftie State, except tWough rainfall events, • 10..cgf4PitP discharge 10 Pelti4ed and any Overflows rnust W-TOootte0. Mthin five (5) working, days of the occurrence. o• .:13.1,4ingoal sight must be posted avail .61ettioetreaS, kite_ bibs, and faucets reading "RECLAIMED WATER, 00 NOT DRINK" or simitar language.. 00m hose bibs, and faucets must be painted purple and • be of such design that standard garden hoses, etc. cannot be connected. • The reoalmed water NWT :Shall maintain a current Operations and Maintenance Plan, which as a rninirtmen -shall include the following; Attachment B Page 67- 1 of 10 Page I of 2 City of CC -NASCC Effluent Water MOA 1) Labeling & Separation Plan for the prevention of cross - connections;` 2) Measures to prevent unauthorized access (locking valve boxes, etc); 3) Procedures for monitoring the use of reclaimed water; 4) Plan for how the use of reclaimed water is to be scheduled; 5) Schedule for maintenance of the reclaimed water system; 6) Plan for worker /personnel.training and safety; 7) Contingency Plan for system failures. • Record Keeping and Reporting Requirements -- the user shall maintain records of contact(s) with the producer /commission, overflows, etc. for a period of five (5) years. • Should the user fail to comply with any of the terms of the use authorization, the Executive Director may take action, in accordance with Texas Water Code (TWC) 26.019 & 26.136. While the above review is by no means a complete listing of all of the requirements for reclaimed water use, it should serve as a guide to your office, for the development of a comprehensive reuse water management plan. I encourage you to refer to the attached "Authorization for Reclaimed Water ", and also §30 TAC 210 'Use of Reclaimed Water & §30 TAC 217 Design of Domestic Wastewater Systems, for further guidance. Additionally, the City of Corpus Christi would be willing to assist you in this endeavor, should you so desire. Please feel free to contact Foster Crowell, the City's Wastewater Director, if you have any questions or if we may be of further assistance. Mr. Crowell's office number is 826 -1801 and his e-mail address is fosterc @cctexas.com. Sincerely, r ildexze-A Angel R. Escobar City Manager Attachment: Copy of Authorization for Reclaimed Water Copies: Hon. Joe A. Adame - Mayor Armando Chapa - City Secretary Johnny Perales, Jr., P.E. - Assistant City Manager, Dev. Services & Eng. Foster Crowell - Wastewater Director Craig.Clutts, LCDR, P.E. — NASC.0 Public Works Officer Logan Burton, P.E. — Project Manager, LNV, Inc. Page 2 of 2 —168 - Attachrnent B Page 2 of 10 City of CC -NASCC Effluent Water MOA Authorization No. 1U0401-008 This authorization supersedes and replaces R 10401 -003 ppToved August 23. 1999. AUTHORIZATION FOR RECLAIMED WATER Producer: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Producer: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Users: The permitteethat the City of Corpus Chiisti permitted as distributors of the reclaimed water. Location: The Laguna Madre Wastewater Treatment Plant is located at20I Jester Street, the Encinal Peninsula adjacent to Laguna Madre, approximately 0.5 mile southeast of the intersection of Jester Street and State Highway 358 in the City of Corpus Christi in Nimes County Texas. Authorization: Type If reclaimed water from the City of Corpus Christi Laguna Madre Wastewater Treatment Plant (Pennit No. 10401 -008), to be used for the irrigation of golf courses, ballparks, schools, parks, industrial centers, apartment complexes, commercial properties, irrigation of a "closed" landfill, home lawn watering, road median, cooling towers, fire fighting, and road construction. Attachment "A ". This authorization contained the conditions that apply for the uses of the reclaimed water. The approval of a reclaimed water use project under chapter 210 does not affect any existing water rights. If applicable, a reclaimed water use authorization in no way affects the need of a producer, provider and/or user to obtain a separate water right authorization from the commission. This action is talcen under authority delegated by the Executive Director of the Texas Commission on Environmental Quality. Issued Date: November 15, 2006 For the Commission —169 — Attachment B Page 3 of 10 City of CC NASCC Effluent Water MOA City oJCorpw Christi Reclaimed Water Project AatharixatimrNo. itlWU1-On8 Page 2 Limitations: The authorization is subjected to the following requirements: 1. General Requirements. (a) No wastewater treatment plant operator (producer) shall transfer to a user reclaimed water without first notifying the conunission, (b) Irrigation with untreated wastewater is prohibited. (c) Food Drops that may be consumed raw by humans shall not be spray irrigated, Food crops including orchard crops that will be substantially processed prior to human consumption may be spray irrigated. Other types of irrigation that avoid contact of reclaimed water with edible portions of food crops are acceptable. (d) There shall be no- nuisance conditions resulting from the distribution, the use, and/or storage of reclaimed water. (e) Reclaimed water shall not be utilized in a way that degrades ground water quality to a degree adversely affecting its actual or potential uses. (f) Reclaimed water managed in ponds for storage rust be prevented from discharge into waters in the state, except for discharges directly resulting from rainfall events, in accordance with a permit issued by the commission, or as authorized under the City of Corpus Christi Laguna Madre Wastewater Treatment Plant (Permit No. 10401 -0 08). All other discharges are unauthorized. If any unauthorized overflow of a holding pond occurs causing discharge into or adjacent to waters in the state, the user or provider, as appropriate, shall report any noncompliance. A written submission of such information shall also be provided to the commission regional office and to the Austin Office, Water Enforcement Section (MC -149), within five (5) working days of becoming aware of the overflow.. The written submission shall contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and, steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects. (g) Unless otherwise provided in this authorization, there shall be no off-site . discharge, either airborne or surface runoff, of reclaimed water from the user's property except to a wastewater treatment system or wastewater treatment collection system unless the reclaimed water user applies for and obtains a permit from the commission which authorizes discharge of the water. (h) Signs in both English and Spanish shall be posted at storage areas, hose bibs and faucets reading "Reclaimed Water, Do Not Drink" or similar warnings. Alternately, the area may be secured to prevent access by the public, (i) All new reclaimed water piping shall be separated from potable water piping when trenched by a distance of at least nine feet. All new exposed piping, hose bibs and faucets shall be painted purple and designed to prevent connection to a standard water hose. All piping shall be stenciled with a warning-reading NON-POTABLE WATER ". (j) The design of any new distribution systems which will convey reclaimed water to a user shall be approved by the executive director. - Materials shall be submitted for approval by the executive director in accordance with the Texas Engineering Practice Act (Article 3271a, Vemon's Annotated Texas Statutes). The plans and specifications for any new distribution systems constructed pursuant to this authorization must be approved pursuant to state law, and failure to secure•approval before commencing construction of —170 — Attachment B Page 4 of 10 City of CC -NASCC Effluent Water MOA Cray orcoIuE Christi Reaieimed Water Puoject • AuthorizationNo., R304014O11 such works or making a transfer of reclaimed water therefrom is a violation of this authorization, and each day of a transfer is an additional violation until approval has been secured. (k) Major changes from a prior notification for use of reclaimed water must be approved by the executive director. A major change includes: (1) a change in the boundary of approved service area not including the conversion of individual lots within a subdivision to reclaimed water use; (2) the addition of a new producer; (3) major changes in the intended use, such as conversion from irrigation of a golf course to residential irrigation; or- (4) changes from either Type I or Type lI uses to the other. The reclaimed water producer and user shall maintain on the sites a current operation and maintenance plan. The operation and maintenance plan which shall contain, as a minimum the following: (1) a labeling and separation plan for the prevention of cross connections between reclaiined water distribution lines and potable water lines; (2) the measures that will be implemented to prevent unauthorized access to reclaimed water facilities (e.g., secured valves); (3) prooedures for monitoring reclaimed water; (4) . a plan for how reclaimed water use will be scheduled to minimize the risk of inadvertent human exposure; (5) schedules for routine maintenance; (6) a plan for worker training .and safety; and (7) contingency plan for system failure or upsets. (1) II. Storage Requirements for Reclaimed Water (a) All initial bolding ponds designed to contain Type 11 effluent, located in a vulnerable area as defined by a rating of 110 or greater on the statewide, shall conform to the following requirements: (1) The ponds, whether constructed of earthen or other impervious materials, shall be designed and constructed so as to prevent groundwater contamination; (2) Soils used for pond lining shall be free from foreign material such as paper, brush, trees, and large rocks; (3) All soil liners must be of compacted material, at least 24 inches thick, compacted in lifts no greater than 6 inches thick and compacted to 95% of Standard Proctor Density. In -situ clay soils meeting the soils liner requirements shall be excavated and re- compacted a minimum of 6 inches below . planned grade to assure a uniformly compacted finished surface. (4) Soil liners must meet the following particle size gradation and Atterburg ]axnits: (A) 30% or more passing a number 200 mesh sieve; and (B) a liquid limit of 30% or greater; and a plasticity index of 15 or greater and have a permeability less than or equal to 1 X 104 crnlsec; (5) Synthetic membrane linings shall have a minimum thicicness of 40 mils with a leak: detection system... In situ liners at least 24 inches..thickmeeting a permeability less than or equal to 1 X 10.4 cm/sec are acceptable alternatives; (6) Certification shall be furnished by a Texas License Professional Engineer that the pond lining meets the appropriate criteria prior to utilization of the facilities; Attachment B Page 5 of 10 CityofCorpus Christi Reclaimed Water Project Aulhori:mien1la. 810401 -DOS Page (b) (c) City of CC -NASCC Effluent Water MOA (7) Soil embankment walls shall have a top width of at least five feet. The interior and exterior slopes of soil embankment walls shall be no steeper than one foot vertical to three feet horizontal unless alternate methods of slope stabilization are utilized.. All soil erbankment walls shall be protected by a vegetative cover or other stabilizing material to prevent erosion. Erosion stops and water seals shall be installed on all piping penetrating the embankments; (8) An alternative method of pond lining which provides equivalent or better water quality protection than provided under this section may be utilized with the prior approval of the executive director; and (9) A specific exemption may be obtained from the executive director if, after the review of data submitted by the reclaimed water provider or user, as appropriate, the executive director determines containment of the reclaimed water is not necessary, considering: (A) soil and geologic data, and ground water data, including its quality, uses, quantity and yield; and (B) adequate demonstration that impairment of ground water for its actual or potential use will be prevented: Reclaimed water may be stored in leak proof, fabricated tanks. Subsequent holding ponds utilized for the receipt and storage of reclaimed water of a quality that could cause or causes a violation of a surface water quality standard or impairment of ground water for its actual or intended use will be also subject to the storage requirements of this section. ]II. Specific Uses and Quality Standards for Reclaimed Water Numerical parameter limits pertaining to specific reclaimed water use categories are contained in this section. These limits apply to reclaimed water before discharge to initial holding ponds or a reclaimed water distribution system. It shall be the responsibility of the reclaimed water producer to establish that the reclaimed water meets the quality limits at the sample point for the intended use in accordance with the monitoring requirements identified in Section ]V relating to Sampling and Analysis. (a) Any new construction shall conform to Type II use which includes irrigation or other uses where the public is not present during the time when irrigation activities occur or other uses where the public would not come in contact with the reclaimed water. (b) The following conditions apply to this type use of reclaimed water. At a minimum, the reclaimed water producer shall only transfer reclaimed water of the following quality as described for Type I reclaimed water use, reclaimed water on a 30 -day average shall have a quality of: BOD5 5 rug/! Turbidity 3 NTU Fecal Coliform 20 CFU/100 rnl* Fecal Coliform (not to exceed) 75 CFUJ100 ntl ** geometric mean ** single grab sample (c) Type 11 Reclaimed Water Use. The Type 11 use is where the public will not come in 'contact with the reclaimed water. The following use(s) is allowed by this authorization: dust suppression and soil compaction, syringing of greens and tees, landscape irrigation where public access is restricted, and maintenance of water impoundments. Attachment B )ag ti of 10 • City of Corpus Chisel Reelaimeci Weiler Project AWhorizaIionNo. R10401•001 Page 5 (d) City of CC -NASCC Effluent Water MOA The following conditions apply to this type of use of reclaimed water. At a minimum, the reclaimed water producer shall only transfer reclaimed water of the following quality as described for Type II reclaimed water use, reclaimed water on a 30 -day average shall have a quality of B005 20 mg/1 Fecal Coliform 200 CFU /100 rnl* Fecal Coliform (not to exceed) 800 CFUI100 ml ** * . ** geometric mean single grab sample N. Sampling and Analysis. - The reclaimed water producer shall sample the reclaimed water prior to distribution to user to assure that the water quality is in accord with the intended contracted use. Analytical methods shall be in accord with those specified in Chapter 319 (relating to Monitoring and Reporting). The minimum sampling and analysis frequency for Type I reclaimed water is twice per week, and Type 1T reclaimed water is once per week. 1J The morirtorring shall be done after the final treatment unit. These records shall be maintained on a monthly basis and be available at the plant site for inspection by authorized representatives of the Commission for at least five years. V. Record Keeping and Reporting. (a) The reclaimed water provider and user shall maintain records on site for a period of five years. (1) Records to be maintained by the provider include: (A) copies of notifications made to the commission concerning reclaimed water projects. (B) as applicable, copies of contragts made with each reclaimed water user (this requirement does not include reclaimed water users at residences that have separate distribution lines for potable water). (C) records of volume of water delivered to each reclaimed water user per delivery (this requirement does not apply to reclaimed water users at residences that have separate distribution lines for potable water). (D) reclaimed water quality analyses. (2) The reclaimed water producer shall report to the commission on a monthly basis the following information on forms furnished by the executive director. Such reports are due to the commission by the 20th day of the month following the reporting period: (A) volume of reclaimed water delivered to provider. (B) quality of reclaimed water delivered to a user or provider reported as a monthly average for each quality criteria except those listed as "not to exceed" which shall be reported as individual analyses. V1. Transfer of Reclaimed Water. Reclaimed water transferred from a provider to a user skull be done on a demand only basis. This means that the reclaimed water user may refuse delivery of such water at any time. All reclaimed water transferred to a user must be of at least the treatment quality specified in Section N. Transfer shall be accomplished via pipes or tank trucks. Attachment B Pang 7 of 10 City of CC -NASCC Effluent Water MOA City of Corpus Christi Redsimed Water Project Asthorimtion i1o. R10401-068 Psge 6 VII. General Prohibitions. Storage facilities for retaining reclaimed water prior to use shall not be located within the floodway and shall be protected from the 100 -year flood. . VIII. Restrictions. This authorization does not convey any property right and does not grant any exclusive privilege, DL Responsibilities and Contracts: (a) The producer of reclaimed water will not be Iiable for misapplication of reclaimed water -by users, except as provided in this section. Both the reclaimed water provider and user have, but are not limited to, the following responsibilities: (1) The reclaimed water producer shall: (A) transfer reclaimed water of at least the minimum quality required by this chapter at the point of delivery to the user for the specified use; (B) sample and analyze the reclaimed water and report such analyses in accordance with Sections IV and V relating to Sampling and Analysis and Record keeping and Reporting, respectively; and (C) notify the executive director in writing within five (5) days- of obtaining knowledge of reclaimed water use not authorized by the executive director's reclaimed water use approval. (2) The reclaimed water provider shall: . (A) assure construction of reclaimed water distribution lines/systeins in accordance with 30 TAC Chapter 317 and in accordance with approved plans and specifications; (B) transferreclairned water of at least the minimum quality required by this chapter at the point of delivery to the user for the specified use; (C) notify the executive director in writing within five (5) days of obtaining ' knowledge of reclaimed water use not authorized by the executive director's reclaimed water use approval; and (D) not be found in violation of this chapter for the misuse of the reclaimed water by the user if transfer of such water is shut off promptly upon knowledge of misuse regardless of contract provisions. (3) The reclaimed water user shall: (A) use the reclaimed water in accordance with this authorization; and (B) maintain and provide records as required by Section Ill relating to Record Keeping and Reporting. X. Enforcement. If the producer, provider and/or user fails to comply with the terns of this authorization, the executive director may take enforcement action provided by the Texas Water Code, § §26.019 and 26.136. Attachment B Page 8 of 10 CNyotCorpus Cbii Reclaimed VealorProjeef Aushmixation N0. R]040] -006 Page 7 XL STANDARD PROVISIONS: (a) (b) City of CC -NASCC Effluent Water MOA This authorization is granted in accordance with the Texas Water Code and the rules and other Orders-of the Commission and the laws of the State of Texas. Acceptance of this authorization constitutes an acknowledgment and agreement that the provider and user will comply with all the terms, provisions, conditions, limitations and restrictions embodied in this authorization and with the rules and other Orders of the Commission and the laws of the State of Texas. Agreement is a condition precedent to the granting of this authorization. Attachment B Place' 9 of 10 City orCorpw CI hli Reeltiexd water Project AuOo,iaaticrt No. R10401 -008 Pa6e 8 ATTACHMENT "A" City of CC -NASCC Effluent Water MOA Attachment B —i ?g§ To of 10 Bryan W. Shaw, Ph.D„ Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, PG., Executive Director December 12, 2011 City of CC -NASCC Effluent Water MOA TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution Mr. M. Lee Niles, P.E. Pape - Dawson Engineers 555 East Ramsey San Antonio, Texas 78216 Re: Automatic Detection System — Naval Air Station Corpus Christi TCEQ Permit No. WQoolo4oloo8 CN6©o131858; RN1o16o9g15 WWPR Log No. 1011/053 Nueces County Dear Mr. Niles: On October 5, 2011 the Texas Commission on Environmental Quality (TCEQ) received your letter for the referenced project. The rules that regulate the design, installation, and testing of domestic wastewater projects are found in 3o TAC Chapter 217, Design Criteria for Domestic Wastewater Systems. Additional rules that regulate domestic wastewater reuse projects are found in 3o TAC Chapter 210, Use of Reclaimed Water. We have completed the review and grant an approval of the design for the automatic leak detection system, based on the addition of an emergency groundwater pump. The approved design follows: a. The leak detection system is an underdrain system for an effluent storage pond. b. The underdrain system consist of approximately 850 linear feet of 6 -inch perforated ADS drain pipe and approximately boo linear feet of 4 -inch perforated ADS drain pipe that flows to a single 12 -inch perforated schedule 40 PVC groundwater sump. c. Underdrain system pipes will be installed at a slope of o.5%. Positive drainage to the groundwater sump will be maintained at all points in the system. d. The design provides access to the system through an 18 -inch valve box at the groundwater sump located northwest of the storage pond and. at a 12 -inch valve box located southeast of the storage pond. e. The design provides automatic lake level controls and SCADA equipment-to activate and deactivate the source transfer pumps. f, In addition, the design must include an emergency groundwater pump to prevent liner floatation. The pump must be capable of operating automatically in the event of low surface water level in the pond or high groundwater level below the pond liner. P.0. Box 13087 Austin, Texas 78711 -3087 512 - 239 -1000 Internet address: www.tceq.state.tx.us ant ,n renr d per g�o c�i f Afiacrimeti' — age'Y" oi'� • City of CC -NASCC Effluent Water MOA Mr. M. Lee Niles, P:E. Page 2 December 12, 2011 Within 6o days of the completion of construction,, an appointed engineer shall notify both the Wastewater Permits Section of the TCEQ and the appropriate Region Office of the date of completion. The engineer shall also provide written certification that all construction, materials, and equipment were substantially in accordance with the approved project, the rules of the TCEQ, and any change orders filed with the TCEQ. All notifications, certifications, and change orders must include the signed and dated seal of a Professional Engineer licensed in the State of Texas. If you have any questions, please call me at (512)239 -457o or Mr. Louis C. Herrin, III, P.E. at (512)239 -4552. Sincerely, Dex Dean, E.I.T. Wastewater Permits Section (MC 148) Water Quality Division Texas mmission on Environmental Quality Louis C. Herrin, III, P.E. Wastewater Permits Section (MC 148) Water Quality Division Texas Commission on Environmental Quality DD /LCH /sp cc: TCEQ, Region 14 Office Attachment Cg§7 of 2 City of CC NASCC Effluent Water MOA ATTACHMENT Dc Operation and Maintenance Manual for the Gulf Winds Golf Course Pump Station Replacement, Corpus Christi Naval Air, Station, Corpus Christi, Texas of January 2012 Incorporation by Reference Document 1. The Operation and Maintenance Manual for the Gulf Winds Golf Course Pump Station Replacement, Corpus;Christi Naval Air Station, Corpus Christi, Texas of January 2012 is hereby specifically incorporated by reference into this MOA due to its extensive size, 520 pages. The original document is located with the NASCC Public Works Officer, a copy of which was provided to the City on January 12, 2012. Attachment D 1 174F1 of 1 15 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of: Presentation January 31, 2012 Action February 14, 2012 January 31, 2012 Ronald L. Olson, City Manager Dan B. Biles, P.E., Interim Director of Engineering Services Fox v$AS 09 it DanB(Cr�,cctexas.corrt, (361) 826 -3781 �, Fred Segundo, Aviation Director FredS @cctexas.com (361) 289 -0171 Ext. 1213 Approval of Change Order 3: Corpus Christi International Airport Terminal Rehabilitation /Federal Inspection Station Project PURPOSE: Motion authorizing the City Manager or designee to execute Change Order No. 3 to the Construction Contract with Barcom Commercial, Inc.. of Corpus Christi, Texas, in the amount of $119,578.83 for a restated not to exceed contract fee of $3,416,939.48 for the Corpus Christi International Airport Terminal Rehabilitation /Federal Inspection Station Project. BACKGROUND AND FINDINGS: Change Order 3 includes modifications requested by Customs and Border Patrol, Aviation tenants, the Aviation Department and due to unforeseen conditions, The changes include: • Addition of lavatory and ice maker for Southwest Airlines; • Unforeseen sub -floor conditions requiring additional work; • Installation of electrical power for ice maker and instant water heater; • Additional data/telecommunications between Customs /Border Patrol workstations and LAN Room; • Additional pan /tilt/zoom camera locations; • New handicap ramp; • Revisions to lighting and circuitry; • Information technology work requested by Customs /Border Patrol in LAN room; • Various door modifications; and • Revisions to HVAC in 3 holding cells and 2 interview rooms. The change order includes $22,103.13 in credits for materials re- testing, non - installation of equipment made possible by use of existing LAN room and cameras, and liquidated damages. A summary of change order is attached as Exhibit A. ALTERNATIVES: Failure to approve the change order would reduce efficiency of work spaces for Customs /Border Patrol, aviation tenants, and require the work to be done under a separately bid contract. FINANCIAL IMPACT: o Not Applicable o Operating Expense D Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year (CIF Only) Current Year Future Years TOTALS Budget $4,300,288.68 $119,578.83 $4;419,867.51 Encumbered /Expended Amt. $4,111,322.65 $4,111,322.65 This item $119,578.83 $119,578.83 BALANCE FUNDS: Aviation CIP Comments: FAA is providing 95% of the funding for this change order. RECOMMENDATION: City staff recommends the motion be adopted as presented. CONFORMITY TO CITY POLICY: The recommended action conform to statutes regarding change orders and the FY2011 -2012 Capital Budget. The project is part of the adopted FY2010 -2011 Capital Improvement Plan (AV #01). EMERGENCY / NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Aviation Department. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Change Order Summary Exhibit B: Project Budget Exhibit C. Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager DEPARTMENT OF tNGINEERIAG SERVICES CHANGE ORDER SUMMARY SHEET January 31, 2012 PROJECT: CCIA Terminal Rehabilitation and Federal Inspection Station APPROVED: City Council on 9121110 - Motion No. M2010 -224 CONTRACTOR: Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi, TX 78405 TOTAL CONTRACT AMOUNT 25% Limit Amount Change Order No. 1 (5/10/11) Change Order No. 2 (6/10/11) Change Order No. 3 (1/31/12) Total 3,231,000.00 807,750.00 48,021.70 18, 338.95 119,578.83 185,939.48 = 5.75% < 25% Exhibit A Page 1 of 1 PROJECT "BUDGET CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL REHABILITATION & FEDERAL INSPECTION STATION Project No. E09046 January 31, 2012 FUNDS AVAILABLE: . FAA Grants 4,413,888.57 Aviation CIP Funds 603,986.59 4,413, 888.57 FUNDS REQUIRED: Construction (Barcom Commercial) .3,231,000.00 Change Order No. 1 48,021.70 Change Order No. 2 18,338.95 Change Order No. 3 ................... ............................... 119,578.83 Contingencies ..................... 180,000.00 Consultant Fees: Consultant (Jacobs Engineering) 738,367.50 Construction Managementllnspection (included in Consultant Fee) Geotechnical Services Materials Inspection & Testing (Est.) 17,594.50 Reimbursements: Engineering, Traffic Engineering, Finance, Advertising, etc. 58 000.00 Total... 4,410,901.48 -186- Variance 2,987.09 Exhibit B Page 1 of 1 File : \Mproject\councilexhibits\exh09046C.dwg F.M. 824 • / Ln 6 COR2-11.5 111,471141141( 0 fRISIT Nam LOCATION MAP NOT TO SCALE •-- I 11 H WY 4 4 \ CORPUS CHRIST! INTERNATIONAL • ---\\ 'AIRPORT \\ • \ PROJECT # E09046 \\ ■„„. \ ' s 1 PROJECT SITE CCLA Terminal M.!,GLrJft.I PC 3.. E; .• • • SITE LOCATION NOT TO SCALE Corpus Christi International Airport Terminal Building Rehabilitation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 MEW 01.1•INOWN 16 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 DATE: 1/16/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD @cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Humberto Avalos (Case No. 1011 -01) Change from "RM -3" Multifamily to "II" Light Industrial Property Addresses: 129, 133, 137, 141 Osage Street. CAPTION: PUBLIC HEARING — ZONING Case No. 1011 -01: Humberto Avalos: The applicant is requesting a change of zoning from the "RM -3" Multifamily 3 District to the "IL" Light industrial District, resultini in a change of future land use. The property to be rezoned-is Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of Agnes Street, west side of Osage Street. Planning Commission and Staffs Recommendation: At the December 7, 2011 Regular Planning Commission Meeting, the Planning Commission recommended denial of the change of zoning to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: • Issues raised by Staff include: o Crushing of cars onsite via large concrete block dropped by crane o Storage of crushed cars on flatbed trailers o Trailers stored on City right -of -way a Non - compliant fence that also encroaches into City right -of -way. o Disposal of hazardous chemicals into grounds and storm water system. o Parking of vehicles on a non - improved surface. • The business has already conducted several operations such as salvaging and crushing of vehicles within the portion of "IL" Light Industrial district, however crushing and salvaging requires the "IH" Heavy Industrial zoning district. • The surrounding properties are residential and an expansion of industrial zoning is not compliant with the Future Land Use Map and Westside Area Development Plan. • The requested change of zoning to the "IL" Light Industrial District is intense and intrusive to the surrounding single- family residential environment. • The commercial parking will require buffer yards including landscaping, and a screening fence. K:ILegaal\SHARED\LEGAL- DEV.SVCS2012 Agenda11011 -01, Humberto Avalos101 -16 -2012, 1011 -0I Humberto Avalos, Agenda Memo REVISED by EAM,dacx — 1 9 1 - City Council Executive Summary Memorandum Humberto Avalos (Case No. 1011 -01) Page 2 • The property owner is responsible for mitigating the current and future "spillover effects." Such effects include noise, dust, and visual blight. If the request is solely for the purpose of commercial parking, then an "ON" Office District is the least intense district and a more viable option than the "IL" Light Industrial District. ALTERNATIVES: • Approval of the Change of Zoning to the "IL" Light Industrial. District. • Denial of applicant's request. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Westside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Westside ADP both encourage expansion of industrial development. However, proposed development should occur in the appropriate areas and not adjacent to single - family residences. Specifically the Westside ADP mentions that industrial properties should minimize "spillover effects" of the use. Such effects include, noise, dust, and visual blight. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: K:I LegaI I SHARED \LEGAL- DEV.SVCS12012 Agenda11011 -01, Humberto Avalos101 -16 -2012, I011 -01 Humberto Avalos, Agenda Memo REVISED by EAM.docx —192— City Council Executive Summary Memorandum Humberto Avalos (Case No. 1011 -01) Page 3 RECOMMENDATION: Planning Commission and Staffs Recommendation: Denial of the change of zoning to the "IL" Light Industrial District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance. Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager K;1 Lega l \SHAREDILEGAL- DEV.SVCS12012 Agenda11011 -01, Humberto Avalosl01 -16 -2012, 1011 -01 Humberto Avalos, Agenda Memo REVISED by EAM.docx -193- ZONING REPORT Case No.: 1011 -01 Original Planning Commission Hearing Date: November 9, 2011 Tabled to Planning Commission Hearing Date: December 7, 2011 Applicant & Legal Description Applicant/Owner: Humberto Avalos Representative: Sylvia Salazar Legal Description/Location: Meadow Park Block 2, Lots I, 2, 3, and 4, located south of Agnes Street, west side of Osage Street. Zoning Request From: "RM -3" Multifamily 3 District To: "IL" Light Industrial District Area: 0.68 Acres Purpose of Request: To allow for the operation of a commercial parking lot. Existing Zoning and Land Uses Traffic _..__2011 .. Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3 Vacant Low Density Residential North "11.2" Light Industrial Light Industrial Low Density Residential South "RS -6" Single- family 6 Low Density Residential Low Density Residential East "RM -3" Multifamily 3 Medium Density Residential Medium Density Residential West "RM -3" Multifamily 3 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change in zoning to the "IL" Light Industrial District is not consistent with the Westside ADP and the adopted Future Land Use Map. Map No.: 048,043 Zoning Violations: Salvage operations, crushing of vehicles, disposal of hazardous materials. Staff's Summary: • Requested Zoning: The purpose of the requested "IL" Light .Industrial District is to allow for a commercial parking lot to serve the employees and customers of the business. • Transportation and Circulation: The subject property fronts upon Osage Street, a local street. To the north is Agnes, a designated secondary arterial street. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type pe..._. Traffic _..__2011 .. Osage Street 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A Agnes Road 100' R.O.W., 54' paved 100' R.O.W., 54' paved A2 Arterial 8,202 • Relationship to Smart Growth: The proposed change of zoning to create a commercial parking lot would not require additional infrastructure, therefore would have minimal to impact regarding to one aspect of smart growth. The proposed change of zoning does not correspond to the proposed future development of this area. In fact, the proposal creates a further encroachment of industrial activities into a residential area. • Comprehensive Plan & Flour Bluff Area Development Plan Consistency: —194— Zoning Report Case #: 1011 -01, Humberto Avalos Page 2 The Comprehensive Plan and the Westside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Westside ADP both encourage expansion of industrial development. However, proposed development should occur in the appropriate areas and not adjacent to single - family residences. Specifically the Westside ADP mentions that industrial properties should minimize "spillover effects" of the use. Such effects include, noise, dust, and visual blight. Plat Status: Subject property is platted. Department Comments: • Issues raised by Staff include: o Crushing of cars onsite via large concrete block dropped by crane o Storage of crushed cars on flatbed trailers o Trailers stored on City right -of -way a Non - compliant fence that also encroaches into City right-of-way. o Disposal of hazardous chemicals into grounds and storm water system. o Parking of vehicles on a non - improved surface. • The business has already conducted several operations such as salvaging and crushing of vehicles within the portion of "IL" Light Industrial district, however crushing and salvaging requires the "1H" Heavy Industrial zoning district. • To emphasize, the surrounding properties are residential and an expansion of industrial zoning is not compliant with the Future Land Use Map and Westside Area Development Plan. • The requested change of zoning to the "IL" Light Industrial District is quite intense and intrusive to the surrounding single- family residential environment. • The commercial parking will still require buffer yards including landscaping, and a compliant screening fence. • The property owner is still responsible for mitigating the current and future "spillover effects." Such effects include noise, dust, and visual blight. • If the request is solely for the purpose of commercial parking, then an "ON" Office District is the minimum district required and may be a more viable option than the "IL" Light Industrial District. Staff Recommendation: Denial of the change of zoning to the "IL" Light Industrial District. Planning Commission Recommendation: Denial of the change of zoning request. Number of Notices Mailed Total — 49 within 200' notification area; 0 outside notification area Favor Opposition — 0 (inside notification area); 0 (outside notification area) --- 0 (inside notification area); 0 (outside notification area) For 0.0% As of November 4, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:1DevelopmentSvcsISHAREDI1. Planning Commission12011 PC12011 Zoning ReportslOct. 20111Zoning Case No. 1011 -01, Humberto Avalos (RS -6 to IL).doc —195— :22 DIM Ward Perm EMIR mothimptio opmumfleui M. ' Pr7E11 MIMI MIME MIME ..;g 619:i �3S'' =TM EMI INIVIERETNE NMI IligalrEEME MIME INUMMIIMIII NEON 111117111116115 MTN MIME MUM IMMO MEM wrap swim MORI maw ffariammo MIMI FROM 32 30: _ 29 4Q� 8 EiMil11111M11 94 immenemorm 2 WIN NEM. 3$ - MIME `38 25: 1111FIZIMEME mem 36:J NOW 11#0111 Planning Commission tai Recommendation Ordinance amending the Unified Development Code (UDC), upon application by Owner, Humberto Avalos, by changing the UDC zoning map in reference to Meadow Park Block 2, Lots 1, 2, 3, and 4, from the "RM -3" Multifamily 3 District to the "IL" Light Industrial 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; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Humberto Avalos, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 7, 2011, during a meeting of the Planning Commission, and on Tuesday, February 14, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended -by changing the zoning on Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of Agnes Street, west side of Osage Street, from the "RM -3" Multifamily 3 District to the "IL" Light Industrial District, resulting in a change of future land use (Zoning Map 048,043) (Exhibit "A" - Applicant's Request). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this-ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page2of3 SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and /or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends-the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This /2 day of eborah Walther Brow Assistant City Attorney For City Attorney , 2012 K:1 LegalkSHAREDILEGAL- DEV.SVCS12012 Agenda11011 -01, Humberto Avalos101 -12 -12 1011 -01, Humberto Avalos ORD, Applicant's request, by EAM, FINAL.docx — 19 9- Page 3 of 3 Corpus Christi, Texas day of , 2012 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, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott District 1 Representative is vacant K:1 LegaI1SHAREDILEGAL- DEV.SVCS12012 Agenda11011 -01, Humberto Avalos101 -12- 121011 -01, Humberto Avalos ORD, Applicant's request, by EAM, FINAL.docx —200— 1011-0f Exhibit A Applicants Request From_: "RM =3" Multifamily 3 To: 11L" Light Industrial Ordinance No. -201- 17 AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: 1/6/2012 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services fA' EddieO@cctexas.com 361 - 826 -3234 THRU: Rudy Bentancourt, Interim CD Administrator RudyB @cctexas.com 361- 826 -3021 CAPTION: Public hearing regarding "Substantial Amendment" to FY08 CAAP and a motion to amend the FY08 CAAP. A. Public hearing to receive public comments regarding an amendment to the FY08 Consolidated Annual Action Plan approved by the U. S. Department of Housing and Urban Development (HUD) by reallocating funding from FY08 Community Development Block Grant-Recovery (CDBG -R) Administration Costs to the CDBG -R approved project for Neighborhood Centers. B. Motion to authorize the City Manager or designee, following the conclusion of the public comment period required by the U. S. Department of Housing and Urban Development (HUD), to amend the FY08 Consolidated Annual Action Plan by reallocating $33,4.63.22 from the Community Development Block Grant- Recovery Administration Costs to Neighborhood Centers and to execute all necessary documents with HUD and Neighborhood Centers as may be required to complete the project. BACKGROUND AND FINDINGS: Per HUD and the City of Corpus Christi's (City) 5 year Consolidated Annual Action Plan (CAAP), Substantial Amendments are required to amend each CAAP which will trigger a comment period once motion is approved. A "Substantial Change" is defined by the City to be: 1). A proposed new activity which cannot reasonably be construed to have been included within the programmatic intent of the adopted application or in the commitment of funds to a specific project; or 2). An activity that was identified in the adopted application, but which subsequently is proposed to be deleted; or 3). An activity that is proposed to be altered in terms of its purpose, scope, location, change in allocation priorities, or beneficiaries to such an extent that it can no longer reasonably be construed as the activity reviewed by the public and approved by the City Council. Funding in the amount of $33,463.22 will be moved from the FY08 CDBG -R Administration into Neighborhood Centers for the completion of this project. —205— ALTERNATIVES: Bone OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to amend each project is required for the completion of projects. EMERGENCY 1 NON - EMERGENCY: This item requires one reading and according to Article II, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $33,463.22 N/A $33,463.22 BALANCE $33,463.22 NIA $33,463.22 una(s): Comments:Funds from FY08 CDBG -R Administration will be reallocated to same year project, Neighborhood Centers. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: N/A Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager 18 AGENDA MEMORANDI" for the City r Meeting of tiartuory 11i' 2012 DATE: TO: January tk 412 RONIO L Qison, City FROM: V-61erietL peky3 PE: Ydrorreago. -xas:com 61.1261875 :- UPDATE<TOCITY COUNCIL — Street Maintenance PintanotAd Hoo..•/Wisory Committee Fin41:FteOehtotfort and Recottimelidotbhs. STAFFPRESENTERISI: Nan* I. OScar Meitittez. 3' OUTSIDE PRESENTERIS): TintlelPosidort Department Met Clt iiletlager Name 1, Pat Veteto Cbairman 2., eiraahhatioh. Stmetit4ainti FinanceA4 Hoc Adyi BAC KGROUN : The. Street Maintenance Finance Aci Hpc AdViaory 'Contrnittee has been meeting thorithly *roe febtitery 2011. This preeemtatiOri MI provide to City Ciltirtoll the COMMitte0atnidingsand recommendations: regarding a funding source for street maintenance LIST`OF SUPPORTING DOCUMENTS: Apprevalt: Eddie Houlihan, Assistant Difebtor of .Man.agernett aridBut:0 Oscar fR, M.Ortirtez,,AS$1Atent City Manager :11 r :