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Agenda Packet City Council - 05/15/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, May 15, 2012 12:00 PM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Proclamations Proclamation declaring May 6 -12, 2012 as "Water Utilities Awareness Week" Proclamation declaring May 2012 as "Motorcycle Safety and Awareness Month" Proclamation declaring May 2012 as "Older Americans Month" Proclamation declaring May 2012 as 'Lupus Awareness Month" Swearing -in ceremony of newly appointed Board, Commission and Committee members B. Mayor Joe Adame to call the meeting to order. C. Invocation to be given by Pastor Felix Zavala, El Shaddai Church. D. Pledge of Allegiance to the Flag of the United States. E. City Secretary Armando Chapa to call the roll of the required Charter Officers. F. MINUTES: 1. 12 -00330 Approval of Meeting Minutes - May 8, 2012. G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) Corpus Christi Page 1 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. I. CONSENT AGENDA NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. Service agreement for street sweeping services 2. 12 -00216 Motion approving a service agreement with Coastal Maintenance Concepts, LLC /Deluxe Finance Inc.,Corpus Christi, Texas for street sweeping services in accordance with Bid Invitation No. BI- 0086 -12, based on lowest responsible bid, for an estimated two -year expenditure of $587,484 of which $73,435.50 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twenty -four months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager, or designee. The service will be administered by the Storm Water Department Sponsors: Storm Water Department and Purchasing Division Acceptance of State grant and appropriation of funds for safety belt enforcement program 3. 12 -00271 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $23,992.90 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. Sponsors: Police Department 4. 12 -00272 Ordinance appropriating $23,992.90 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. Corpus Christi Page 2 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 Sponsors: Police Department Acceptance of Federal sub -grant and appropriation of funds for purchase of equipment for port security 5. 12 -00246 Motion authorizing the City Manager or designee to accept a sub -grant in the amount of $244,302 from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. Sponsors: Police Department 6. 12 -00247 Ordinance appropriating $244,302 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, and declaring an emergency. Sponsors: Police Department Purchase of mobile interoperable communications vehicle for Police Department 7. 12 -00249 Motion approving the purchase of a Mobile Interoperable Communications Vehicle for the Corpus Christi Police Department and regional users, from LDV, INC., Burlington, Wisconsin based on the Cooperative Purchasing Agreement with the State of Texas for a total amount of $229,814. Funds are available through the Port Security Grant Program (PSGP). Sponsors: Police Department and Purchasing Division Acceptance of State grant and appropriation of funds for diabetes prevention program 8. 12 -00259 Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2012. Sponsors: Health Department 9. 12 -00296 Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services; and declaring an emergency. Sponsors: Health Department Agreement allowing developer to defer required wastewater improvements prior to final plat of property located at 1026 S. Navigation Blvd. Corpus Christi Page 3 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 10. 12 -00261 Motion authorizing the City Manager to execute a Deferment Agreement with Thomas Davis, (Developer), in the amount of $49,978.50 to allow for the recording of the Saxet Industrial, Block 2, Lot 1 plat without having the required public improvements in place per Article 8.1.10 of the Unified Development Code. Recording of the plat will be subject to acceptance of a Letter of Credit for the amount of the deferred public improvements. Sponsors: Development Services Participation Agreement with CCISD for City's portion of costs related to Southside Middle School Tract development 11. 12 -00285 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District, Developer of CCISD - Southside Middle School Tract, in the amount of $238,496.10 for the City's portion of the cost of the Ennis Joslin Road Bridge over Ditch 29, in accordance with the Unified Development Code. Sponsors: Development Services and Engineering Department Advance Funding Agreement with TxDOT for 2012 ADA Citywide Curb Ramp Replacement 12. 12 -00224 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012 Program, with the City's participation in the amount of $17,473. Sponsors: Engineering Department Advance Funding Agreement with TxDOT for utilities work related to McKinzie Road Improvements project 13. 12 -00262 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, with the City's participation in the amount of $24,282. Sponsors: Engineering Department Street closure application for Discover Downtown Music and Film Festival 14. 12 -00256 Motion approving the application for street closure from Moondogger Productions to temporarily close the following street sections for the Discover Downtown Music and Film Festival to take place Friday, May 18, 2012 and Saturday, May 19, 2012. Corpus Christi Page 4 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 The temporary street closure of north bound Shoreline Boulevard between Buford Street and Coopers Alley, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of south bound Shoreline Boulevard between Furman Avenue and Kinney Street, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. Sponsors: Engineering Department Second Reading Ordinance - Appropriation of funds to reimburse police overtime costs for special event 15. 12 -00250 Ordinance appropriating $30,301.57 from HITS, INC. for Police overtime reimbursement for the HITS Marathon held on February 18 -19, 2012, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. (First Reading - 05/08/12) Sponsors: Police Department Second Reading Ordinance - Code amendment regarding "vulnerable road users" protection 16. 12 -00225 Ordinance adding a new Section 53 -15 to the Corpus Christi Code of Ordinances relating to restrictions on operating a motor vehicle near a vulnerable road users; creating an offense; providing for penalties; providing for severance; providing for publication; providing for an effective date. (First Reading - 5/08/12) Sponsors: Police Department Second Reading Ordinance - Amendment to Code of Ordinances regarding regulation of illegal smoking products 17. 12 -00283 Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) to regulate illegal smoking products and related paraphernalia and by specifically negating a requirement of a culpable mental state; providing for penalties; providing for severance; providing for publication. (First Reading - 05/08/12) Corpus Christi Page 5 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 Sponsors: Police Department Corpus Christi Page 6 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 J. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council 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. K. PUBLIC HEARINGS: (NONE) L. REGULAR AGENDA The following items are motions, resolutions and ordinances that will be considered and voted on individually. Construction contract to replace wastewater lift station force main 18. 12 -00184 Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $1,593,083.32 for the McBride Lift Station Force Main Replacement for the Base Bid. Sponsors: Engineering Department and Wastewater Department Appropriation of funds and approval of contract to renovate Ayers Municipal Service Center fuel station 19. 12 -00212 Ordinance appropriating $198,096.94 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Ayers Municipal Service Center Fuel Station Renovation, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $198.096.94. Sponsors: Engineering Department and Facilities Maintenance Services 20. 12 -00213 Motion authorizing the City Manager, or designee, to execute a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. Sponsors: Engineering Department and Facilities Maintenance Services Resolution requesting that Nueces County add a Child Safety fee to fund school crossing guard program 21. 12 -00282 Resolution requesting the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. Corpus Christi Page 7 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 Sponsors: Police Department M. FIRST READING ORDINANCES: (NONE) N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Purchase of wastewater lift station replacement pumps 22. 12 -00286 Motion approving the purchase of six (6) Wastewater Lift Station Replacement Pumps from Xylem Water Solutions USA, Inc., Corpus Christi, Texas, in accordance with Bid Invitation No. BI- 0058 -12 based on lowest responsible bid in the amount of $137,505.34. Funds have been budgeted by the Wastewater Department Fund in FY 2011 -2012. Sponsors: Purchasing Division and Wastewater Department Contracts for construction, materials testing, and professional services for Staples Street Phase 1 Improvements from Brawner Parkway to Barracuda Place 23. 12 -00226 Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $5,851,969.45 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for the base bid and additive alternate No. 2 (Bond 2008). Sponsors: Engineering Department and Street Department 24. 12 -00227 Motion authorizing the City Manager, or designee, to execute a Construction Materials Testing Agreement with Tolunay -Wong Engineers, Inc of Corpus Christi, Texas in the amount of $89,400.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place (Bond 2008). Sponsors: Engineering Department and Street Department 25. 12 -00228 Motion authorizing the City Manager, or designee, to execute Amendment No. 7 to a Contract for Professional Services with LNV Engineering, Inc of Corpus Christi, Texas in the amount of $98,560.00 for a restated fee of $1,043,795.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for Construction Inspection Services (Bond 2008). Resolution regarding use of remaining proceeds for Bond 2008 26. 12 -00221 Resolution Supporting the Use and Commitment of Necessary Funding of any Remaining Bond 2008 - Street Proceeds to fund additional projects requested by the City Council. Sponsors: Engineering Department Corpus Christi Page 8 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 Approval of reimbursement agreement for proposed water improvements for industrial development off of Hwy 44 (Bronco Road) 27. 12 -00287 Motion approving the Grid Main Extension Construction and Reimbursement Agreement submitted by Commercial Metals Company, owner and developer of CMC Subdivision Lot 4A, located north of Hwy. 44 (Agnes St.) on Bronco Road for the extension of an 8 -inch and 12 -inch grid main line, including all related appurtenances. Sponsors: Development Services 28. 12 -00295 Ordinance appropriating $415,070.00 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Commercial Metals Company, for the extension of a 12 -inch grid main line, including all related appurtenances for development of CMC Subdivision Lot 4A, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement Sponsors: Development Services Schlitterbahn Type A agreement and appropriation of funds 29. 12 -00327 Ordinance appropriating $5,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ("Type A Corporation ") to North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), to be paid to Schlitterbahn's general partner North Padre WPH GP, LLC, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $5,000,000; and declaring an emergency Sponsors: Economic Development 30. 12 -00328 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ("Type A Corporation ") and North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), which provides a grant of up to $5,000,000, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and Corpus Christi Page 9 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 administration of the Schlitterbahn Business Incentive Agreement for the creation and retention of jobs Sponsors: Economic Development Schlitterbahn Chapter 380 Incentive Agreement 31. 12 -00326 Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Upper Padre Partners, LP, and North Padre Waterpark Holdings, LTD, ( "Agreement ") for certain economic development grants up to approximately $112,116,878 to be paid to Upper Padre GP, Inc, general partner of Upper Padre Partners, LP, for development of a Schlitterbahn waterpark resort project together with certain public improvements by Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD for the benefit of the City Sponsors: Economic Development UPDATES TO CITY COUNCIL 32. 12 -00336 Update on Destination Bayfront (To be considered at approximately 1:00 p.m.) Sponsors: Engineering Department O. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 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. Corpus Christi Page 10 Printed on 5/11/2012 City Council Meeting Agenda - Final May 15, 2012 P. CITY MANAGER'S COMMENTS: Update on City Operations Q. ADJOURNMENT Corpus Christi Page 11 Printed on 5/11/2012 Corpus Christi Meeting Minutes - Draft City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, May 8, 2012 12:00 PM Council Chambers A. Call to order. B. Invocation. 11:45 AM Proclamations Proclamation declaring May 5 - 13, 2012 as "National Tourism Week" Proclamation declaring May 6 - 12, 2012 as "National Children's Mental Health Awareness" Proclamation declaring May 6 - 12, 2012 as "Animal Control Officer, Staff and Volunteer Appreciation Week" Proclamation declaring May 6 - 12, 2012 as "Goodwill Industries Week" Proclamation declaring May 12, 2012 as "No Bullying Day" Proclamation declaring May 15, 2012 as "National Peace Officer's Memorial Day" and May 13 - 19, 2012 as "National Police Week" Proclamation declaring May 2012 as "Elder Abuse Prevention Month" Recognition of Storm Water and Street Employees for Southside Rotary Club "Unsung Heroes Award" The proclamations were read and presented. Mayor Adame called the meeting to order. Present: 9 - Mayor Joe Adame,Council Member Chris Adler,Council Member Kelley AIIen,Council Member Larry Elizondo,Council Member Priscilla LeabCouncil Member David Loeb,Council Member John Marez,Council Member Nelda Martinez, and Council Member Mark Scott The invocation was provided by Pastor David Kelly, Trinity Worship. C. Pledge of Allegiance. D. Roll call. The Pledge was delivered by Council Member Priscilla Leal. City Secretary Chapa verified that the necessary quorum of the council and the required Charter officers were present to conduct the meeting: Council Members Present: Joe Adame, Chris Adler, Kelley Allen, Larry Elizondo, Priscilla Leal, David Loeb, John Marez, Nelda Martinez, and Mark Scott Charter Officers: City Manager Ron Olson, Assistant City Attorney Alison Logan and City Secretary Armando Chapa Corpus Christi Page 1 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 E. MINUTES: 1. Approval of Meeting Minutes - April 24, 2012. A motion was made by Council Member Martinez, seconded by Council Member Elizondo to approve the minutes as presented and passed with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 F. BOARDS & COMMITTEE APPOINTMENTS: 2. Airport Board Arts and Cultural Commission Commission on Children and Youth Corpus Christi Downtown Management District Mayor's Fitness Council Pipeline Review Panel Transportation Advisory Committee The following members were appointed /reappointed to the City's boards and commissions: Airport Board - Dana Gunter and Kelly Harlan Arts and Cultural Commission - Paul Duke Commission on Children & Youth - Fran Willms, Clarissa Silva, Linda Hodge - Gambrill, Roger Vasquez, Liza Njeri Wisner Corpus Christi Downtown Management District - Harold Shockley Mayor's Fitness Council - Dr. Charles Campbell, Megan Allen, Rick Hayley, Judy LaPointe, Kimberly Cook, Raquel Richardson, Victor Betancourt, and Neal Winchester Pipeline Review Panel - Joe Castillo, Daniel Garcia, Mukesh R. Pratap, Kelly White, and Philip Woods Transportation Advisory Committee - Sheila Cudd, Gretchen Arnold, Eric Villarreal, and Carl Weckenmann Enactment No M000 -00 H. CONSENT AGENDA Installation of replacement equipment for Solid Waste Operations 3. Motion approving the installation of one (1) split rear load refuse body and one (1) lift roll -off body from Heil of Texas of Houston, Texas for a total contract amount of $209,511 of which $3,741.41 is required for FY 2011 -2012. The award is based on the Cooperative Purchasing Corpus Christi Page 2 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 4. 5. Agreement with the Texas Local Government Cooperative. These bodies are replacements bodies and will be used by the Solid Waste Department. Funds for the lease purchase of the split rear load refuse body and lift roll -off body will be provided through the City's lease /financing program. The foregoing motion was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: M2012 -082 Purchase of replacement vacuum trucks for Storm Water department Motion approving the purchase of two (2) vacuum trucks from Houston Freightliner, Inc., Houston, Texas for a total amount of $621,171.32. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). All units are replacements to the fleet and will be used by the Storm Water Department. Funding is available in the FY 2011 -2012 Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: M2012 -083 Approval of interlocal agreement with Nueces County to share funding for State grant and submission of grant application Resolution authorizing the City Manager, or designee, to execute an interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation. The foregoing resolution was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029465 Corpus Christi Page 3 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 6. 7. Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $169,575 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. The foregoing resolution was passed and aprpoved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029466 Street closures for 2012 Beach to Bay Relay Motion approving the application for street closure from Corpus Christi Road Runners to temporarily close the following street sections for the 37th Annual Beach to Bay Relay, to take place, Saturday, May 19, 2012. The temporary street closure of the north and south bound lanes of Shoreline Boulevard between Furman Street and Coopers Alley, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 6:00 p.m. Friday, May 18, 2012 and ending at 7:00 p.m. Saturday, May 19, 2012. The foregoing motion was passed and approved with the following vote: Aye: 9 - Abstained: 0 MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Enactment No: M2012 -084 Corpus Christi Page 4 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 8. Second Reading Ordinance - Amending City Code of Ethics to meet State requirements for juvenile case managers Ordinance amending Section 2 -311, Code of Ordinances, City of Corpus Christi, regarding additional ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9 - Abstained: 0 MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Enactment No: 029467 I. EXECUTIVE SESSION: 9. Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from Schlitterbahn Waterpark that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect with possible discussion and action in open session. Mayor Adame announced the executive session. Prior to the Council going into executive session, Council Member Scott read the following statement: I have been informed of concern made that I have a conflict of interest regarding the Schlitterbahn project. I want to note that San Jacinto Title Services does not have any contracts escrowed, and we have not prepared any title commitments on any of the property on the project. No title business has been promised in connection with that project nor have I requested it. Based on the above facts, I do not believe I have any conflict of interest on this issue. That said, I want do what I can to avoid any perception of a conflict of interest and try to eliminate a potential false controversy concerning this important project. As such, I will exercise an abundance of caution and abstain from any further discussions on the project and will not vote on any proposed incentive package when presented or vote at future council meetings. The council return from executive session. Toby Futrell, Interim Assistant City Manager provided an overview of the Schlitterbahn project including the agreement; the public investment, funding source and amount of public investment and the 380 agreement framework. J. PUBLIC HEARINGS: Zoning change for property located at 817 Waldron Road from commercial to light industrial Corpus Christi Page 5 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 10. Case No. 0212 -06: Bluff Plastic: The applicant is requesting a change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change of the future land use from commercial to light industrial. The property being rezoned is Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre Island Drive (SH 358) and east along Waldron Road. 11. Planning Commission and Staff Recommendation (March 14, 2012): Denial of the "IL" Light Industrial District and in lieu thereof approval of a "CG -1 /SP" General Commercial District with a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by Bluff Plastic, by changing the UDC Zoning Map in reference to Flour Bluff Estates, Block L, Lots 1 and 2, from the "CG -1" General Commercial District to the "CG -1 /SP" General Commercial District with a Special Permit, subject to three (3) conditions, 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. A motion was made by Council Member Scott, seconded by Council Member Marez to open the public hearing. MayorAdame asked for comments from the audience. There were no comments. A motion was made by Council Member Elizondo, seconded by Council Member Scott to close the public hearing. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Nay: 1 - Council Member Loeb Abstained: 0 Enactment No: 029468 Public Hearing and Ordinance Amending Urban Transportation Plan Public Hearing and Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for removal of proposed collector street which was to be located approximately 0.28 miles south of Northwest Blvd (FM 624), between FM 1889 and FM 69, amending related elements of the Comprehensive Plan of the City; providing for severance; providing for Corpus Christi Page 6 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 publication. A motion was made by Council Member Marez, seconded by Council Member Leal to open the public hearing. Mayor Adame asked for comments from the audience. There were no comments. A motion was made by Council Member Martinez, seconded by Council Member Scott to close the public hearing. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029469 K. REGULAR AGENDA Donation of new playground set made of recycled materials 12. Resolution authorizing the City Manager or designee to accept a donation of a new playground set made from recycled materials from the Ziploc® brand of SC Johnson & Son, Inc. and RecycleBank, for installation at the HEB Park located at 1501 Shely Street. The foregoing resolution was passed and aprpoved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029470 Approval of lease agreement for Discover Downtown festival 13. Ordinance authorizing the City Manager or designee to execute a lease agreement with the Moondogger Productions L.L.C. for 2012 Discover Downtown Music & Film Festival and related activities to allow use of City property including former Memorial Coliseum grounds and adjacent northern parking lot during May 9, 2012 thru May 19, 2012; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 9 - MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Corpus Christi Page 7 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 Abstained: 0 Enactment No 029471 L. FIRST READING ORDINANCES Amendment to Code of Ordinances regarding regulation of illegal smoking products 14. Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) to regulate illegal smoking products and related paraphernalia and by specifically negating a requirement of a culpable mental state; providing for penalties; providing for severance; providing for publication. (First Reading - 05/08/12) The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Appropriation of funds to reimburse police overtime costs for special event 15. Ordinance appropriating $30,301.57 from HITS, INC. for Police overtime reimbursement for the HITS Marathon held on February 18 -19, 2012, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. (First Reading - 05/08/12) The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Code amendment regarding "vulnerable road users" protection 16. Ordinance adding a new Section 53 -15 to the Corpus Christi Code of Ordinances relating to restrictions on operating a motor vehicle near a vulnerable road users; creating an offense; providing for penalties; providing for severance; providing for publication; providing for an effective date. (First Reading - 5/08/12) Mayor Adame asked for comments from the audience and the following Corpus Christi Page 8 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 citizens spoke: Tom Neaglie, Huxley Smith, Israel Ybarra, Rosemary Neaglie, Abel Alonzo, Alfredo Ramirez, and Gretchen Arnold. City staff recommended an amendment to the ordinance prior to passage on first reading. A motion was made by Council Member Scott, seconded by Council Member Martinez, to add the following new Section (i), the culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violtion of this section is a strict liability offense; and by revising Section 4, to read as follows, Penalties are as provided in Section 1 -6 of the Code of Ordinances, and passed. The foregoing ordinance was passed and approved on first reading as amended with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Nay: 1 - Council Member Leal Abstained: 0 M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL Mayor Adame referred to the Future Agenda section of the agenda, Items 17 - 33. Mayor Adame stated that these items are for informational purposes only and that no action or public comment would be taken at this time. Staff provided a presentation on Item Nos. 30, 31, 32 and 33. Service agreement for street sweeping services 17. Motion approving a service agreement with Coastal Maintenance Concepts, LLC /Deluxe Finance Inc.,Corpus Christi, Texas for street sweeping services in accordance with Bid Invitation No. BI- 0086 -12, based on lowest responsible bid, for an estimated two -year expenditure of $587,484 of which $73,435.50 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twenty -four months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager, or designee. The service will be administered by the Storm Water Department This Motion was recommended by staff to consent agenda. Acceptance of State grant and appropriation of funds for safety belt enforcement program 18. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $23,992.90 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related Corpus Christi Page 9 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 documents. This Motion was recommended by staff to consent agenda. 19. Ordinance appropriating $23,992.90 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. This Emergency Ordinance was recommended by staff to consent agenda. Acceptance of Federal sub -grant and appropriation of funds for purchase of equipment for port security 20. Motion authorizing the City Manager or designee to accept a sub -grant in the amount of $244,302 from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. This Motion was recommended by staff to consent agenda. 21. Ordinance appropriating $244,302 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, and declaring an emergency. This Emergency Ordinance was recommended by staff to consent agenda. Purchase of mobile interoperable communications vehicle for Police Department 22. Motion approving the purchase of a Mobile Interoperable Communications Vehicle for the Corpus Christi Police Department and regional users, from LDV, INC., Burlington, Wisconsin based on the Cooperative Purchasing Agreement with the State of Texas for a total amount of $229,814. Funds are available through the Port Security Grant Program (PSGP). This Motion was recommended by staff to consent agenda. Acceptance of State grant and appropriation of funds for diabetes prevention program 23. Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March Corpus Christi Page 10 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 30, 2012. This Resolution was recommended b staff to consent agenda. 24. Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services; and declaring an emergency. This Emergency Ordinance was recommended by staff to consent agenda. Agreement allowing developer to defer required wastewater improvements prior to final plat of property located at 1026 S. Navigation Blvd. 25. Motion authorizing the City Manager to execute a Deferment Agreement with Thomas Davis, (Developer), in the amount of $49,978.50 to allow for the recording of the Saxet Industrial, Block 2, Lot 1 plat without having the required public improvements in place per Article 8.1.10 of the Unified Development Code. Recording of the plat will be subject to acceptance of a Letter of Credit for the amount of the deferred public improvements. This Motion was recommended by staff to consent agenda. Participation Agreement with CCISD for City's portion of costs related to Southside Middle School Tract development 26. Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District, Developer of CCISD - Southside Middle School Tract, in the amount of $238,496.10 for the City's portion of the cost of the Ennis Joslin Road Bridge over Ditch 29, in accordance with the Unified Development Code. This Motion was recommended by staff to consent agenda. Advance Funding Agreement with TxDOT for utilities work related to 2012 ADA Citywide Curb Ramp Replacement 27. Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012 Program, with the City's participation in the amount of $17,473. This Resolution was recommended by staff to consent agenda. Advance Funding Agreement with TxDOT for utilties work related to McKinzie Road improvements project Corpus Christi Page 11 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 28. Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, with the City's participation in the amount of $24,282. This Resolution was recommended by staff to consent agenda. Street closure application for Discover Downtown Music and Film Festival 29. Motion approving the application for street closure from Moondogger Productions to temporarily close the following street sections for the Discover Downtown Music and Film Festival to take place Friday, May 18, 2012 and Saturday, May 19, 2012. The temporary street closure of north bound Shoreline Boulevard between Buford Street and Coopers Alley, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of south bound Shoreline Boulevard between Furman Avenue and Kinney Street, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. This Motion was recommended by staff to consent agenda. Construction contract to replace wastewater lift station force main 30. Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $1,593,083.32 for the McBride Lift Station Force Main Replacement for the Base Bid. This Motion was recommended by staff to regular agenda. Corpus Christi Page 12 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 Appropriation of funds and approval of contract to renovate Ayers Municipal Service Center fuel station 31. Ordinance appropriating $198,096.94 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Ayers Municipal Service Center Fuel Station Renovation, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $198.096.94. This Emergency Ordinance was recommended by staff to regular agenda. 32. Motion authorizing the City Manager, or designee, to execute a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. This Motion was recommended by staff to regular agenda. Resolution requesting that Nueces County add a Child Safety fee to fund school crossing guard program 33. Resolution requesting the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. This Resolution was recommended by staff to regular agenda. UPDATES TO CITY COUNCIL 34. Corpus Christi Regional Economic Development Corporation Presentation Roland Mower, Regional Economic Development Corporation provide an brief overview on the 2012 economic trends (sales tax collection), program overview and activity updates. 35. Crime Control and Prevention District Review of Proposed FY2013 budget Pat Eldridge, Police Department provided an overview and reported on the proposed budget, the budget calendar for the Crime Control and Prevention District. 36. Hotel Occupancy Tax Application Process for Arts Funding Margie Rose, Assistant City Manager provided a presentation on the HOT Fund Application and Process Overview, and 2012 Funding Process Calendar. Corpus Christi Page 13 Printed on 5/9/2012 City Council Meeting Minutes - Draft May 8, 2012 N. Public comment. Mayor Adame referred to the public comment and the following citizens spoke: Mr. Smith spoke regarding Destination Bayfront, Abel Alonzo complimented Ron Olson on his first year of service as City Manager; Carlos Torress spoke about the Fill- the -Boot event. O. CITY MANAGER'S COMMENTS: City Manager Ron Olson provided a summary of his first year of service and discussed the following five goals: reaffirm our ethical foundation; institutionalize a sound management process; continously improve performance; continue to work on financial sustainability; and assure accountability. P. ADJOURNMENT Mayor Adame adjourned the meeting at 4:30 pm. Corpus Christi Page 14 Printed on 5/9/2012 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 05/08/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Award of a twenty -four month service agreement for Street Sweeping Services Bid Invitation No. BI- 0086 -12 CAPTION: RECOMMENDATION: Motion approving a service agreement with Coastal Maintenance Concepts, LLC /Deluxe Finance Inc., Corpus Christi, Texas for street sweeping services in accordance with Bid Invitation No. BI- 0086 -12, based on lowest responsible bid, for an estimated two -year expenditure of $587,484 of which $73,435.50 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twenty -four months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager, or designee. The service will be administered by the Storm Water Department. BACKGROUND AND FINDINGS: In continuation with locations historically cleaned, street sweeping services will be performed for the City's state and arterial streets and the Downtown /North Beach area. State and arterial street sweeping will be performed monthly and the Downtown /North Beach area will be cleaned on a weekly basis. In an effort to minimize the pollutants that enter the drainage system, the contractor will ensure effective sweeping by removing floatable litter, grass, mud, dirt, glass or any other item not permanently attached to the curb. ALTERNATIVES: The bid response received from Coastal Maintenance Concepts, LLC /Deluxe Finance Inc., meets all technical and qualification requirements, as specified in the bid invitation. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Storm Water FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,097,339.68 $514,048.50 $2,611,388.18 Encumbered / Expended Amount 709,000.65 $0.00 709,000.65 This item 73,435.50 $514,048.50 587,484.00 BALANCE $1,314,903.53 $0.00 $1,314,903.53 Fund(s): Storm Water Maintenance and Operations Comments: The Storm Water Maintenance and Operations Fund has allocated an annual expenditure of $2,097,339.68 for professional services. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI- 0086 -12 Bid Tabulation Service Agreement 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 CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - GABRIEL MALDONADO DATE: May 8, 2012 BID TABULATION BI -0086-12 STREET SWEEPING SERVICES (") ITEM DESCRIPTION QTY. UNIT Coastal Maintenance Concepts CORPUS CHRISTI, TX Coastal Sweeping Services CORPUS CHRISTI, TX Sweeping Services of Texas - GRAND PRAIRIE, TX Bentex Sweeping, Inc. CORPUS CHRISTI, TX Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1.1 Street sweeping of 4,819.36 curb mile $50.00 $240,968.00 $28.90 $139,279.50 $87.50 $421,694.00 $87.54 $421,886.77 Downtown/North Beach Area once per week (46.34 curb miles x 104 weeks = 4,819.36 total curb miles) 1.2 Street sweeping of State Streets once per month (44.43 curb miles x 24 months = 1,066.32 total curb miles) 1,066.32 curb mile $50.00 $53,316.00 $102.00 $108,764.64 $100.00 $106,632.00 $163.00 $173,810.16 1.3 Street sweeping of Arterial Streets once per month (217.25 curb miles x 24 months= 5,214.00 total curb miles) 5,214.00 curb mile $50.00 $260,700.00 $102.00 $531,828.00 $126.00 $656,964.00 $163.00 $849,882.00 2.1 Unscheduled Street Sweeping 100 hour $75.00 $7,500.00 $120.00 $12,000.00 $140.00 $14,000.00 $94.33 $9,433.00 2.2 Street sweeping (seal coat clean up) associated with Chip/Seal 500 hour $50.00 $25,000.00 $120.00 $60,000.00 $200.00 $100,000.00 $94.33 $47,165.00 Program $587,484.00 $851,872.14 $1,299,290.00 $1,502,176.93 (") Sweeping Services of Texas - Operating , LP, Grand Prairie, Texas has been deemed as a non -responsible bidder due to failure to perform on a previous contract awarded by the City. STREET SWEEPING SERVICE AGREEMENT Service Agreement No. THIS Street Sweeping Service Agreement (this "Agreement ") is entered into by and between (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Street Sweeping Services in response to Bid Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14/11) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Street Sweeping Services in accordance with Bid Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14/11). 2. Term. This Agreement is for twenty -four (24) months commencing on and continuing through . The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11 /14 /11), or the Contractor's bid offer to Bid Invitation No. BI- 0086 -12 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14/11). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' advance written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Contact Address: City, State, 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 20. Course of Dealing. It is expressly agreed that no course of performance, course of dealing or usage of trade shall be relevant or admissible to contradict, supplement, explain, or modify any express provisions of this Agreement or Bid Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14/11). Furthermore, it is expressly agreed that the City's acceptance of or acquiescence in a course of performance under this Agreement shall not be admissible to modify, waive, supplement or explain the terms of this Agreement, even if the City is aware of a course of performance and has an opportunity to object to it. SIGNED this day of , 20 CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services APPROVED THIS DAY OF CARLO VALDEZ, CITY ATTORNEY By: Veronica Ocafias Assistant City Attorney Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0086 -12 Exhibit B: Bidder's Bid Contractor 4"13,,..., ha Title: � ner- Date AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: 4/19/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds Pcctexas.com 361- 886 -2603 Accepting the Click It or Ticket Grant from TXDOT and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $23,992.90 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $23,992.90 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 21 — June 3, 2012. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1100 safety belt citations and 100 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2 %. During the June 2010 CIOT campaign, the State safety belt use average was 93.4 % with the City of Corpus Christi at 91.5 %. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants during FY 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, and 2011 ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Finance 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 $23,992.90 $23,992.90 BALANCE $23,992.90 $23,992.90 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant Agreement Texas Traffic Safety eGrants Fiscal Year 2012 Organization Name: City of Corpus Christi Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: ID: 2012- CorpusPD -CIOT -00015 Period: 05/12/2012 to 06/26/2012 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2011. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: CFDA Title: Occupant Protection Funding Source: Section 405 DUNS: 069457786 Project Title:STEP - Click It Or Ticket Grant Period: This Grant becomes effective on 05/12/2012 or on the date of final signature of both parties, whichever is later, and ends on 06/26/2012 unless terminated or otherwise modified. Total Awarded: $23,992.90 Amount Eligible for Reimbursement: $23,992.90 Match Amount: $0 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE City of Corpus Christi By: [Authorized Signature] [Name] THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission By: [District Engineer Texas Department of Transportation] [Name] [Title] Date: Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) [Resolution Number] [Title] Date: By: Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Project Title Project Description General Information STEP - Click It Or Ticket To increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Enforcement period. How many years has your organization received funding for this project? This will be our fifth or more year. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A -110); OMB Circular A -87; OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi underrun funds from Budget Categories 11 or 111. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Educational Institutions; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty -five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than twenty (20) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short -term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within twenty (20) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no 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. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non - Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Subgrantee 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 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 federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non - profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http://www.dot.state.tx.us/cso/default.htm. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. F. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration /International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • physical inspection of project records and supporting documentation • telephone conversations • e -mails and letters • quarterly review meetings • eGrants system messaging B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self- sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Goals & Strategies To increase effective enforcement and adjudication of traffic safety - related laws Goal: to reduce fatal and serious injury crashes strategies: Increase enforcement of traffic safety - related laws. Increase public education and information campaigns. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. X I agree to the above goals and strategies. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Law Enforcement Objective /Performance Measure 1. Number and type of citations /arrests to be issued during the CIOT Operation a. Safety Belt Citations 1100 b. Child Safety Seat Citations 100 c. Increase the safety belt usage rate among drivers and front seat passengers, between 2% pre & post survey results, by at least the following percentage points 2. Total Number of Enforcement Hours 450 Step Indicator Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non -STEP funded citation and arrest activity due to the prohibition of supplanting. 4 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi PI &E Objective /Performance Measure 1. Support Grant efforts with a public information and education (PI &E) program a. Conduct a minimum of one (1) presentations 1 b. Conduct a minimum of two (2) media exposures (e.g. news conferences, news 2 releases, and interviews) c. Conduct a minimum of one (1) community events (e.g. health fairs, booths) 1 d. Distribute the following number of public information and education materials (if 400 applicable) 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Budget Summary Budget Category TxDOT Match Total Category I - Labor Costs (100) Salaries $19,594.04 $0 $19,594.04 (200) Fringe Benefits $4,398.86 $0 $4,398.86 Category I Sub -Total $23,992.90 $0 Category 11 - Other Direct Costs (300) Travel$23,992.90 $0 $0 $0? (400) Equipment $o $o $o (500) Supplies $o $0 $o (600) Contractual Services $o $o $o (700) Other Miscellaneous $o $o $o' Category 11 Sub -Total $Q $Q! $Q? Total Direct Costs $23,992.90 $0 i $23,992.90 Category III - Indirect Costs (800) Indirect Cost Rate $o $o $o Summary Total Labor Costs $23,992.90 $0 $23,992.90 Total Direct Costs $o $o $o Total Indirect Costs o $o $o Grand Total $23,992.90 $0' $0.00 Fund Sources (Percent Share) 100.00% o.00% 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi x I agree to the following Comments: Site Description CIOT Operational Plan Occupant Protection Jurisdiction Wide Pre Surveys May 12, 2012 - May 14, 2012 Pre -Media Efforts Before Enforcement period "Enforcement Period (Minimum # of enforcement days: 4) (day or nighttime)" May 21, 2012 - June 3, 2012 Post Surveys June 4, 2012- June 6, 2012 Post -Media Efforts After Enforcement period Reporting Period June 11, 2012- June 26, 2012 Description of Activities "Pre -Surveys" • Prior to conducting any wave enforcement activity, agencies must conduct pre - observational surveys to establish safety belt usage rates. • The cities of Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Lubbock, and San Antonio are scheduled to have their surveys conducted by the Texas Transportation Institute (TTI). • All other agencies must conduct their own pre -observational surveys using the Texas Department of Transportation's (TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the "Survey Tools" link. Pre -Media Campaign • Conduct local media events immediately before the enforcement effort to maximize the visibility of enforcement to the public. These media events tell the public when, where, how and why the safety belt laws are being enforced. Enforcement Period • Intensify enforcement through an overtime STEP that places primary emphasis on May 15, 2012 - May 17, 2012 June 7, 2012- June 9, 2012 2012-CorpusPD-CIOT-00015 Printed On: 4/18/2012 City of Corpus Christi Post -surveys Post -media Campaign Reporting Period Note: increasing the number of citations for non-use of occupant restraints during the peak holiday traffic. • Conduct post -observational surveys to determine safety belt usage. Measure the impact of the media/enforcement effort. The cities of Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Lubbock, and San Antonio are scheduled to have their surveys conducted by the Texas Transportation Institute (TTI). • All other agencies must conduct their own post -observational surveys using the Texas Department of Transportation's (TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the "Survey Tools" link. • Conduct local media events to tell the public why the safety belt laws are important and the results of the wave. • Agencies will submit a performance report for the CIOT enforcement period (May 21 - June 3, 2012) during this time period. • The Survey and Media dates above are to be used as a guide. Late grant execution may result in a subgrantee conducting pre -survey and pre -media activities at a later date. • These activities must occur prior to enforcement activities beginning. • The Post -media Campaign may begin immediately after the post observational surveys are conducted. 2012-CorpusPD-CIOT-00015 Printed On: 4/18/2012 City of Corpus Christi City of Corpus Christi 2012- CorpusPD -CIOT -00015 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 Printed On: 4/18/2012 AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: 4/19/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds Pcctexas.com 361- 886 -2603 Accepting the Click It or Ticket Grant from TXDOT and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $23,992.90 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $23,992.90 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 21 — June 3, 2012. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1100 safety belt citations and 100 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2 %. During the June 2010 CIOT campaign, the State safety belt use average was 93.4 % with the City of Corpus Christi at 91.5 %. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants during FY 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, and 2011 ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Finance 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 $23,992.90 $23,992.90 BALANCE $23,992.90 $23,992.90 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant Agreement Ordinance appropriating $23,992.90 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant in the amount of $23,992.90 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Texas Traffic Safety eGrants Fiscal Year 2012 Organization Name: City of Corpus Christi Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: ID: 2012- CorpusPD -CIOT -00015 Period: 05/12/2012 to 06/26/2012 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2011. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: CFDA Title: Occupant Protection Funding Source: Section 405 DUNS: 069457786 Project Title:STEP - Click It Or Ticket Grant Period: This Grant becomes effective on 05/12/2012 or on the date of final signature of both parties, whichever is later, and ends on 06/26/2012 unless terminated or otherwise modified. Total Awarded: $23,992.90 Amount Eligible for Reimbursement: $23,992.90 Match Amount: $0 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE City of Corpus Christi By: [Authorized Signature] [Name] THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission By: [District Engineer Texas Department of Transportation] [Name] [Title] Date: Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) [Resolution Number] [Title] Date: By: Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Project Title Project Description General Information STEP - Click It Or Ticket To increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Enforcement period. How many years has your organization received funding for this project? This will be our fifth or more year. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A -110); OMB Circular A -87; OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi underrun funds from Budget Categories 11 or 111. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Educational Institutions; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty -five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than twenty (20) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short -term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within twenty (20) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no 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. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non - Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Subgrantee 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 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 federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non - profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http://www.dot.state.tx.us/cso/default.htm. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. F. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration /International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • physical inspection of project records and supporting documentation • telephone conversations • e -mails and letters • quarterly review meetings • eGrants system messaging B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self- sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Goals & Strategies To increase effective enforcement and adjudication of traffic safety - related laws Goal: to reduce fatal and serious injury crashes strategies: Increase enforcement of traffic safety - related laws. Increase public education and information campaigns. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. X I agree to the above goals and strategies. 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Law Enforcement Objective /Performance Measure 1. Number and type of citations /arrests to be issued during the CIOT Operation a. Safety Belt Citations 1100 b. Child Safety Seat Citations 100 c. Increase the safety belt usage rate among drivers and front seat passengers, between 2% pre & post survey results, by at least the following percentage points 2. Total Number of Enforcement Hours 450 Step Indicator Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non -STEP funded citation and arrest activity due to the prohibition of supplanting. 4 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi PI &E Objective /Performance Measure 1. Support Grant efforts with a public information and education (PI &E) program a. Conduct a minimum of one (1) presentations 1 b. Conduct a minimum of two (2) media exposures (e.g. news conferences, news 2 releases, and interviews) c. Conduct a minimum of one (1) community events (e.g. health fairs, booths) 1 d. Distribute the following number of public information and education materials (if 400 applicable) 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi Budget Summary Budget Category TxDOT Match Total Category I - Labor Costs (100) Salaries $19,594.04 $0 $19,594.04 (200) Fringe Benefits $4,398.86 $0 $4,398.86 Category I Sub -Total $23,992.90 $0 Category 11 - Other Direct Costs (300) Travel$23,992.90 $0 $0 $0? (400) Equipment $o $o $o (500) Supplies $o $0 $o (600) Contractual Services $o $o $o (700) Other Miscellaneous $o $o $o' Category 11 Sub -Total $Q $Q! $Q? Total Direct Costs $23,992.90 $0 i $23,992.90 Category III - Indirect Costs (800) Indirect Cost Rate $o $o $o Summary Total Labor Costs $23,992.90 $0 $23,992.90 Total Direct Costs $o $o $o Total Indirect Costs o $o $o Grand Total $23,992.90 $0' $0.00 Fund Sources (Percent Share) 100.00% o.00% 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 City of Corpus Christi x I agree to the following Comments: Site Description CIOT Operational Plan Occupant Protection Jurisdiction Wide Pre Surveys May 12, 2012 - May 14, 2012 Pre -Media Efforts Before Enforcement period "Enforcement Period (Minimum # of enforcement days: 4) (day or nighttime)" May 21, 2012 - June 3, 2012 Post Surveys June 4, 2012- June 6, 2012 Post -Media Efforts After Enforcement period Reporting Period June 11, 2012- June 26, 2012 Description of Activities "Pre -Surveys" • Prior to conducting any wave enforcement activity, agencies must conduct pre - observational surveys to establish safety belt usage rates. • The cities of Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Lubbock, and San Antonio are scheduled to have their surveys conducted by the Texas Transportation Institute (TTI). • All other agencies must conduct their own pre -observational surveys using the Texas Department of Transportation's (TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the "Survey Tools" link. Pre -Media Campaign • Conduct local media events immediately before the enforcement effort to maximize the visibility of enforcement to the public. These media events tell the public when, where, how and why the safety belt laws are being enforced. Enforcement Period • Intensify enforcement through an overtime STEP that places primary emphasis on May 15, 2012 - May 17, 2012 June 7, 2012- June 9, 2012 2012-CorpusPD-CIOT-00015 Printed On: 4/18/2012 City of Corpus Christi Post -surveys Post -media Campaign Reporting Period Note: increasing the number of citations for non-use of occupant restraints during the peak holiday traffic. • Conduct post -observational surveys to determine safety belt usage. Measure the impact of the media/enforcement effort. The cities of Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Lubbock, and San Antonio are scheduled to have their surveys conducted by the Texas Transportation Institute (TTI). • All other agencies must conduct their own post -observational surveys using the Texas Department of Transportation's (TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the "Survey Tools" link. • Conduct local media events to tell the public why the safety belt laws are important and the results of the wave. • Agencies will submit a performance report for the CIOT enforcement period (May 21 - June 3, 2012) during this time period. • The Survey and Media dates above are to be used as a guide. Late grant execution may result in a subgrantee conducting pre -survey and pre -media activities at a later date. • These activities must occur prior to enforcement activities beginning. • The Post -media Campaign may begin immediately after the post observational surveys are conducted. 2012-CorpusPD-CIOT-00015 Printed On: 4/18/2012 City of Corpus Christi City of Corpus Christi 2012- CorpusPD -CIOT -00015 2012- CorpusPD -CIOT -00015 Printed On: 4/18/2012 Printed On: 4/18/2012 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 04/12/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds Pcctexas.com 361- 886 -2603 Accepting the Port Security Grant Program Sub -Grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or designee to accept a sub -grant in the amount of $244,302 from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. B. Ordinance appropriating $244,302 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, and declaring an emergency. BACKGROUND AND FINDINGS: The PSGP grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the sub -grant and appropriate the grant funds. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Current Year Future Years 1 TOTALS Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant agreement Expenditures (CIP only) Line Item Budget Encumbered / Expended Amount This item $244,302 $244,302 BALANCE $244,302 $244,302 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant agreement Ordinance appropriating $244,302 in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the Police Department; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $244,302 is appropriated in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the police department. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of May 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: April 12, 2012 1\m-6- T. Trisha Dang Assistant City Attorney For City Attorney 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott SOUTH TEXAS AREA MARITIME SECURITY COMMITTEE (STAMSC) PORT SECURITY GRANT PROGRAM SUB - GRANTEE AWARD AGREEMENT between W.J.WAGNER, INC and CITY OF CORPUS CHRISTI, TX This Agreement, between W.J.Wagner, Inc, as Fiduciary Agent (hereinafter referred to the Fiduciary Agent) and the City of Corpus Christi, TX (hereinafter referred to as Sub - grantee) is effective from this 1st day of April, 2012 until August 31, 2014. The Sub - grantee understands and agrees that this grant award shall be subject to and incorporate the following terms and conditions. The Sub- grantee shall include provisions appropriate to effectuate the purposes of these conditions in all contracts of employment, consultant's agreements, and contracts issued under its approved application. I. Authority and Purpose A. This Agreement is undertaken pursuant to § 46 USC 70107 and the Maritime Transportation Security Act of 2002 to pass through federal preparedness assistance awarded to the Sector Corpus Christi port area by the Federal Emergency Management Agency (hereinafter FEMA) under the Port Security Grant Program. B. Purpose and Amount of Award: This Agreement establishes the terms, conditions, assurances and certifications under which the Fiduciary Agent shall award to Sub - grantee an allocation of funds from the Port Security Grant Program (PSGP), Award Number EMW- 2011- PU- K00178 -05, in the amount of $244,302 for Mobile Interoperable Communications Vehicle in accordance with the Investment Justification (Exhibit A) and Budget (Exhibit B) approved by the South Texas Area Maritime Security Committee, which are attached hereto and made a part of this Agreement. II. Applicable Rules /Regulations A. Applicability of Federal Regulations and Conditions: The Sub - grantee must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. Administrative Requirements: For state, local, and tribal governments: 44 CFR Part 13, Uniform administrative Requirements for grants and Cooperative Agreements to State and Local Governments. For all other Subgrantees: 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - profit Organizations (OMB Circular A- 110) (also applies to for - profit entities) Cost Principles: For state, local, and tribal governments: 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A -87) For colleges and universities: 2 CFR Part 220 Cost Principles for Educational Institutions (OMB Circular A -121) For not - for - profits: 2 CFR Part 230 Cost Principles for Non - Profit Organizations (OMB Circular A- 122) For for - profits: 48 CFR Part 31 (FAR 31.2) Contract Cost Principles and Procedures, Contracts with Commercial Organizations Audit Requirements: For all sub - grantees: OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations A -133 requires an annual organization -wide audit or program audit if Sub - grantee expends $500,000 or more of federal funds during its fiscal year, unless a lower threshold is established by any applicable rule, regulation or standard. Copies of these OMB Circulars are available for download on the OMB website at www.whitehouse.gov/OMB/grants/index,html B. Federal Standard Assurances and Additional Assurances and Certifications: The Sub- grantee agrees to be bound by and /or comply with the Federal Standard Assurances and certifications required by the PSGP application. These include SF 424 B and D (Assurances - Non - Construction and Construction Programs), Certifications Regarding Lobbying; Debarment, Suspension And Other Responsibility Matters; and Drug -Free Workplace Requirements, and Accounting System. The assurances and certifications are attached to this agreement, and should be signed and returned to the Fiduciary Agent. C. PSGP Guidance: The Sub-grantee agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 Port Security Grant Program guidance and application kit. D. The Sub-grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support if the enactment, repeal, modification or adoption of any law, regulation, or policy at any level of government. E. The Sub-grantee shall not develop or engage in the development of tasks not approved in the application without approval from the Fiduciary Agent (FA) and the issuance of a Grant Amendment by FEMA. The FA will monitor the project on a continual basis by maintaining ongoing contact the Sub-grantee, and will provide input to the program's direction as needed. F. You as Sub-grantee and your employees, may not: 1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2) Procure a commercial sex act during the period of time that the award is in effect; or 3) Use forced labor in the performance of the award G. Non-Supplanting Stipulation: The Sub-grantee shall not use grant funds to supplant funds that have been budgeted for the same purpose through non- Federal sources. Sub-grantee may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. H. Environmental and Historic Preservation Requirements: Sub-grantee shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws, including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the Sub-grantee to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Sub-grantee shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA including, but not limited to communications towers, physical security enhancements, new construction and modifications to buildings that are 50 years old or greater. Sub- grantee must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the Sub- grantee must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the Sub-grantee will immediately cease construction in that area and notify the Fiduciary Agent and the appropriate State Historic Preservation Office. I. Audit: The Sub-grantee agrees to comply with the requirements of OMB Circulars A-133 for States, Local Governments, and Non-Profits or Government Auditing Standards, 1994 Revision for Commercial/For-Profit Organizations as applicable. If the Sub-recipient expends $500,000 or more of Federal funds during its fiscal year, the sub-recipient must submit an organization-wide financial and compliance audit report. In addition, the Sub-grantee agrees to submit a copy of the project's annual audit to the Fiduciary Agent. J. Reporting Requirements: The Sub-grantee agrees to submit, at such times and 1. in such form as may be prescribed, reports as the Fiduciary Agent may reasonably require, such as quarterly financial reports (SF-425) not later than the 15th day of January, April, July and October, and the Semi-Annual progress reports by the 15th of January and July during each year this Agreement is effective, as well as final financial reports and evaluation reports. The final progress report must be filed with the Fiduciary Agent within thirty (30) days after the termination of the last year of the grant award. The Fiduciary Agent must receive the final progress report prior to the final cost report being paid. K. Continuation Funding: Sub-grantee understands that the awarding of this grant in no way assures or implies continuation of funding beyond the project duration indicated of this grant award. If a continuation application is approved, federal funds available under the current grant and corresponding cash matching funds must be expended or obligated and documented prior to the implementation of the continuation grant and expenditure of funds. L. Third Party Participation: No contract or agreement may be entered into by the Sub-grantee for execution of project activities or provision of services to a grant project other than purchase of supplies or standard commercial or maintenance services which are not incorporated in the approved application. Any such arrangements shall provide that the Sub-grantee will retain ultimate control and responsibility for the project and that these conditions shall bind the contractor. In any case, where the Sub-grantee enters into a contract with third parties, and when such contracts are not contrary to law, the Fiduciary Agent shall not be obligated or liable for any breach of contract or other action in law to any party other than the original Sub-grantee. M. Waiver: It is agreed that the failure of the Fiduciary Agent to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any rights assigned to Fiduciary Agent under this Agreement. N. Property acquired with grant funds: Effective control and accountability must be maintained for all personal property in accordance with 44 CFR 13.32. All property must be tagged and tracked. Sub-grantees must adequately safeguard all such property and must assure that it is used solely for authorized grant purposes. Non-Expendable property is defined as any item having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. At the time the final request for payment is submitted, the Sub- grantee must file with the Fiduciary Agent a copy of the Property Control Record Form (Exhibit C), listing all such property acquired with grant funds. Sub - grantees should exercise caution in the use, maintenance, protection, and preservation of such property during the period of project use. O. Insurance: The Fiduciary Agent encourages Sub- grantee to obtain and carry, with the Fiduciary Agent named as additional insured, errors and omissions insurance, professional liability insurance and/or professional liability malpractice insurance sufficient to protect Sub - grantee from any liability arising out of professional obligations performed pursuant to the requirements of this Agreement. If Sub - grantee does not obtain and maintain the desired insurance, Sub - grantee shall indemnify, defend, and hold harmless the Fiduciary Agent and its officers, directors, employees and agents, from and against all liability, loss, cost or expense (including attorney's fees) by reason of liability imposed upon the Fiduciary Agent that would have been covered by said insurance if Sub - grantee had obtained and maintained it. P. Indemnity and Hold Harmless: Sub - grantee shall indemnify, defend and hold harmless the Fiduciary Agent, arising out of or related to Sub - grantee's performance under this Agreement, whether caused by or contributed to by the Fiduciary Agent or any other party indemnified herein, including but limited to any breach, misfeasance, malfeasance, negligent or intentional acts of Sub - grantee, its officers, agents, or employees or its contractors or subcontractors, unless such loss is caused solely by the misfeasance, malfeasance, or negligence of the Fiduciary Agent, its officers, directors, employees or agents. Q. Confidentiality and Non - Disclosure: The Sub - grantee agrees to furnish the Fiduciary Agent with certain confidential information relating to the grant award. The Fiduciary Agent agrees to review, examine, inspect or obtain such confidential information only for the purposes described herein, and to otherwise hold confidential /proprietary information or trade secrets in trust and confidence. The Fiduciary Agent agrees not to disclose any such confidential information to any third party, except to the U.S. Government. HL Operational Procedures A. Project Implementation: Sub-grantee agrees to implement this project within sixty (60) days following the grant award effective date, or this Agreement may be subject to cancellation. Evidence of project implementation is to be reported within the first sixty days. B. Accounting Requirements: The Sub-grantee agrees to record all project costs, both federal and matching share, following generally accepted fund accounting procedures. A separate account number or cost recording system must separate all project costs from the Sub-grantee's other or general expenditures. Adequate documentation for all project costs, both federal and matching share must be maintained. Federal share documentation must clearly indicate that the funds expended were the FY2011 PSGP federal funds. Adequate documentation is defined in the Fiduciary Agent Purchasing Process document attached to this Agreement as Exhibit D, which is made a part of this Agreement. C. Payment and Utilization of Funds: Funds awarded are to be expended only for purposes and activities covered by the Sub-grantee's Investment Justification and Budget as attached hereto. Project funds (both federal and matching share) may not be expended prior to the grant award start date. Project funds will be made available through a reimbursement procedure as provided by the Fiduciary Agent's policy and procedure, as per Exhibit D. No payment of funds shall be made to Sub-grantee during any period of time within which Sub-grantee is in default on filing any informational or financial reports required by the Fiduciary Agent. All claims for reimbursement must be accompanied with copies of all supporting documentation (i.e. time sheets, proof of payment, travel vouchers, invoices, etc.). Claims for reimbursement should be submitted as incurred. Payments will be adjusted to correct previous overpayment and disallowances or underpayments resulting from audit. D. Grant Adjustments: The Sub-grantee must obtain prior written approval from the USCG COTP and FEMA for major project changes. These include, but are not limited to: (a) changes of substance in project activities, designs, or research plans set forth in the approved application; (b) changes or deviations which might alter the project scope or intent; (c) changes in the project director and/or key professional personnel identified in the approved application; (d) changes in the approved budget with the exception of those changes permitted in accordance with the provisions cited later in this section, and (e) changes in the length of the grant period. Equipment not included in the approved budget may not be purchased without prior approval of the USCG COTP and FEMA. The Sub- grantee may deviate from quantities of equipment items in the approved budget as long as the total dollar amount of the equipment budgeted is not exceeded, provided written notification is submitted to the Fiduciary Agent. Both the Fiduciary Agent and the Sub-grantee shall maintain this notification in the project file. Sub- grantees may not add to the specified equipment list without prior approval of FEMA unless the total dollar amount of the equipment budgeted is not exceeded. E. Procurement Standards, Procedures and Reimbursement: Sub - grantees shall adhere to and use the Fiduciary Agent Purchasing Process, Exhibit D. F. Monitoring: Sub - grantee agrees to allow the Fiduciary Agent reasonable access to the grant project for the purposes of monitoring programmatic progress and the financial and aspects of the grant award to ensure that project objectives are met and funds are spent and accounted for properly. Access must include inspection of financial and program reports, site - visits, teleconferences and /or such other means necessary for the Fiduciary Agent to carry out it monitoring obligations. IV. Termination of Grant This Agreement will terminate upon completion of the project or August 31, 2014, whichever is earlier. A. This grant may be terminated or fund payments suspended by the Fiduciary Agent where there is a failure to comply with the terms and conditions of: 1. the grant application form and attachments; 2. the grant award contract; 3. any state or federal law to which compliance is required; 4. an audit report which includes audit exceptions not answered to the satisfaction of the Fiduciary Agent. B. Upon such finding, the Fiduciary Agent shall notify the Sub - grantee in writing to correct any deficiencies found. If said deficiencies are not corrected within twenty (20) days, the Fiduciary Agent will suspend or cancel the grant application after furnishing written notice to the Sub - grantee. C. This Agreement may be terminated by the Sub - grantee in the event there is a failure of the Fiduciary Agent to perform any of its obligations under this Agreement. D. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. V. Conflict of Interest: Personnel and other officials connected with this grant shall adhere to the requirements given below: A. Advice: No individual, public official, or employee of a state or unit of local government or of nongovernmental grantees /Sub- grantees shall participate personally through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in any proceeding, application, request for a ruling or other determination, contract, grant, cooperative agreement, claim, controversy, or other particular matter in which these funds are used, where to his knowledge he or his immediate family, partners, organization other than a public agency in which he is serving as officer, director, trustee, partner, or employee or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest. B. Appearance: In the use of these grant funds, officials or employees of state or local units of government and nongovernmental grantees /Sub- grantees shall avoid any action which might result in, or create the appearance of: 1. using his or her official position for private gain; 2. giving preferential treatment to any person; 3. losing complete independence or impartiality; 4. making an official decision outside official channels; or 5. affecting adversely the confidence of the public in the integrity of the government or the program. VI. Products/Income from Grants A. Copyrights: Except as otherwise provided in the terms and conditions of this Agreement, the Sub - grantee or a contractor paid through this grant is free to copyright any books, publications or other copyrightable materials developed in the course of or under this grant. However, the federal awarding agency reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: 1. the copyright in any work developed under this grant or through a contract under this grant; and, 2. any rights of copyright to which a Sub - grantee or subcontractor purchases ownership of with grant support. The Federal govermnent's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. Any royalties received from copyrights and patents during the grant period may be retained by the Sub- grantee. B. Publications: The Sub- grantee may publish, at its own expense, the results of grant activity without prior review by the Fiduciary Agent provided that any publication (written, oral, or visual) contains an acknowledgement of Port Security Grant Program support. The Sub- grantee agrees that any publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the Sub - grantee describing programs or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by FY 2011 Infrastructure Protection Program: Port Security Grant Program, awarded by the Federal Emergency Management Agency, U.S. Department of Homeland Security." C. Program Income: All program income generated by this grant during the project period must be reported to the Fiduciary Agent following the month earned and must be put back into the project to be used to reduce the federal participation in the program in accordance with OMB Circular A -110. As the duly authorized representative of the applicant, 1 hereby certify that the applicant will comply with the above conditions. Signature of the Authorizing Official Date AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 04/12/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds Pcctexas.com 361- 886 -2603 Accepting the Port Security Grant Program Sub -Grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or designee to accept a sub -grant in the amount of $244,302 from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. B. Ordinance appropriating $244,302 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, and declaring an emergency. BACKGROUND AND FINDINGS: The PSGP grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the sub -grant and appropriate the grant funds. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Current Year Future Years 1 TOTALS Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant agreement Expenditures (CIP only) Line Item Budget Encumbered / Expended Amount This item $244,302 $244,302 BALANCE $244,302 $244,302 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant agreement Ordinance appropriating $244,302 in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the Police Department; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $244,302 is appropriated in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the police department. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of May 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: April 12, 2012 1\m-6- T. Trisha Dang Assistant City Attorney For City Attorney 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: 05/15/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds Pcctexas.com 361- 886 -2603 Motion approving the purchase of a Mobile Interoperable Communications Vehicle CAPTION: Motion approving the purchase of a Mobile Interoperable Communications Vehicle for the Corpus Christi Police Department and regional users, from LDV, INC., Burlington, Wisconsin based on the Cooperative Purchasing Agreement with the State of Texas for a total amount of $229,814. Funds are available through the Port Security Grant Program (PSGP). BACKGROUND AND FINDINGS: The Corpus Christi Police Department, MetroCom will be the operator of the vehicle for response to weather, Fire, Police or terrorist emergencies within the twelve county Council of Governments region including the Port of Corpus Christi. The vehicle will support equipment and personnel required for field interoperable communications between agencies in the event or any communications center failure. It will house the field response interoperable radio system and mobile six position dispatch facility for the region. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $244,302 $244,302 Encumbered / Expended Amount This item $229,814 $229,814 BALANCE $14,488 $14,488 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Quotation AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: TO: April 17, 2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(a� cctexas. com 361- 826 -7205 Accepting the 2012 Diabetes Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2012. B. Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services; and declaring an emergency. BACKGROUND AND FINDINGS: This is a renewal grant that has been provided to the City, for the benefit of the Health District from DSHS. The purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus in our area. This contract period will increase diabetes education programs for individuals at risk for developing diabetes. The grant provides for one full time program coordinator and a part -time program assistant. Activities supported by this funding include personnel costs, fringe benefits, travel, supplies, and contractual costs for items such as incentives, i.e., pedometers needed to increase client participation. No matching funds are required. ALTERNATIVES: Discontinue diabetes education OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ 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 $80,000 $80,000 BALANCE $80,000 $80,000 Fund(s):1066 Comments: No match funding required. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Contract Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2012. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. Additionally, the City Council ratifies acceptance of the grant to begin as of March 30, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0008_ 2_ 073250d5- f9a1- 441e- ab18- 60883ee9b42c.doc Page 1 of 2 Corpus Christi, Texas day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0008_ 2_ 073250d5- f9a1- 441e- ab18- 60883ee9b42c.doc Page 2 of 2 �RiGtNA DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2012-040801 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CITY OF CORPUS CHRISTI (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $80,000.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 03/30/2012 and ends on 03/29/2013. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the folio wing: a. Core Contract (this document) b. Program Attachments: 2012-040801-001 Diabetes - Community Diabetes Project Health Departments c. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-1 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CITY OF CORPUS CHRISTI By: Signature of Authorized Official Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET By: Signature Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 Bob.Bumette@dshs.state.tx.us 92648-1 Telephone Number E -mail Address for Official Correspondence th R. un ey As ant City Attorney For City Attorney AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: TO: April 17, 2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(a� cctexas. com 361- 826 -7205 Accepting the 2012 Diabetes Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2012. B. Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services; and declaring an emergency. BACKGROUND AND FINDINGS: This is a renewal grant that has been provided to the City, for the benefit of the Health District from DSHS. The purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus in our area. This contract period will increase diabetes education programs for individuals at risk for developing diabetes. The grant provides for one full time program coordinator and a part -time program assistant. Activities supported by this funding include personnel costs, fringe benefits, travel, supplies, and contractual costs for items such as incentives, i.e., pedometers needed to increase client participation. No matching funds are required. ALTERNATIVES: Discontinue diabetes education OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ 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 $80,000 $80,000 BALANCE $80,000 $80,000 Fund(s):1066 Comments: No match funding required. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Contract Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant in the amount of $80,000 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0009_ 2_ f7eccd44- 34d3- 4e70- b6ab- 33cf090211f3.doc Page 1 of 2 Joe Adame Mayor 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0009_ 2_ f7eccd44- 34d3- 4e70- b6ab- 33cf090211f3.doc Page 2 of 2 0009_ 2_ f7eccd44- 34d3- 4e70- b6ab- 33cf090211f3.doc Page 3 of 3 AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: 4/24/2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director Development Services Department markvv@cctexas.com Request for a deferment agreement on the required wastewater line improvements for Saxet Industrial, Block 2, Lot 1 (1026 S. Navigation Boulevard) CAPTION: Motion authorizing the City Manager to execute a Deferment Agreement with Thomas Davis, (Developer), in the amount of $49,978.50 to allow for the recording of the Saxet Industrial, Block 2, Lot 1 plat without having the required public improvements in place per Article 8.1.10 of the Unified Development Code. Recording of the plat will be subject to acceptance of a Letter of Credit for the amount of the deferred public improvements. BACKGROUND AND FINDINGS: Thomas Davis, developer of a proposed industrial complex, has submitted document for a Deferment Agreement requesting the City to waive the requirement for construction of wastewater improvements to be seventy -five percent (75 %) complete before the final plat of Saxet Industrial, Block 1, Lot 2 is signed and recorded. The Developer has requested expediting recordation of the plat to meet the proposed development time schedule. The City Council is requested to determine reasonable cause to delay the seventy -five (75 %) completion requirement, as provided in the Unified Development Code Section 8.1.10.B, subject to the submission of a Letter of Credit equal to 110 percent of the required improvements. ALTERNATIVES: Denial of the requested deferment agreement and require the developer to construct the required improvements prior to the recording of the plat. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY The requested deferment agreement is consistent with Section 8.1.10.B of the Unified Development Code. City Council Executive Summary Saxet Industrial, Block 2, Lot 1 Page 2 EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Department of Finance has reviewed the Letter of Credit and has found it to be acceptable. 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: RECOMMENDATION: On March 14, 2012, the Planning Commission recommended that the City Council approve the requested deferment agreement subject to an acceptable form of financial security equal to 110 percent of the required improvements. LIST OF SUPPORTING DOCUMENTS: Deferment Agreement C\ PROG RAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITYCOUNCIL 5 15 20120010 1 Ofd64c61- 2faa- 4b62- ad80- cd39a8c43a02.docx DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES Deferment Agreement Between Thomas Davis and City Page 1 of 5 This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City ") and Thomas Davis, (hereinafter "Developer "), and pertains to deferral of the required completion of certain required improvements prior to filing the final plat of Saxet Industrial, Block 2, Lot 1 (the "plat "), which was recommended by the Planning Commission on February 15, 2012. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section 8.1.11, of the Unified Development Code to construct seventy -five percent (75 %) of the required improvements, before the final plat is endorsed by the City Engineer. Detailed construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the wastewater improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, and further, on March 14, 2012, the Planning Commission made a finding that there exists probable cause to delay the completion of public improvements, in accordance with 8.1.10.B of the Unified Development Code; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy -five percent (75 %) of the required improvements as required by Section 8.1.11 of the Unified Development Code; WHEREAS, the Developer will deposit, with the City, an irrevocable letter of credit in, the amount of Forty -Nine Thousand Nine Hundred Seventy -Eight Dollars and 50/100 ($49,978.50), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has completed all other subdivision requirements, park dedications, park deferment agreements, and maintenance agreements and all special covenants; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section 8.1.10.B. of the Unified Development Code; C:IDOCUMENTS AND SETTINGSIMFHILOCAL SETTINGSITEMPORARY INTERNET FILES\ CONTENT O UTLOOKIYIULJRUTIDEFERMENTAGREEMENT SAXET INDUSTRIAL LEGAL 04032012.DOC Deferment Agreement Between Thomas Davis and City Page 2 of 5 NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. 2. The Developer agrees to deposit Forty -Nine Thousand Nine Hundred Seventy - Eight Dollars and 50/100 ($49,978.50), in the form of an irrevocable letter of credit issued by a bank with offices in Corpus Christi, TX, for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit 3, which is attached to and incorporated into this Agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. The form of the letter of credit must be approved by the City's Director of Financial Services. 3. The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements by Developer within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon in writing by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Thomas Davis P.O. Box 248 Corpus Christi, TX 78403 b. Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, any balance remaining of all monies received by the City from the Developer, including any interest earned. 5. If the deferred improvements have not been completed within one (1) year from the date of this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 9 below, the City will transfer the money received, including C:IDOCUMENTS AND SETTlNGSIMFH4LOCAL SETTINGSSTEMPORARY INTERNET FILESSCONTENT. OUTLOOKKYlULJRUT SDEFERMENTAGREEMENT SAXET INDUSTRIAL LEGAL 04032012.DOC Deferment Agreement Between Thomas Davis and City Page 3 of 5 any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after City completes the required improvements and bills the Developer. 6. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 7. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (60) days of the completion of construction of the wastewater improvements and settlement of construction contracts. 8. The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the City Engineer. 9. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional financial security when the City Engineer deems itself insecure as to the prospect of payment or performance on a demonstrated reasonable basis. 10. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The City Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. C:IDOOUMENTS AND SETTINGS\MFH\LOCAL SETTINGS \TEMPORARY INTERNET FILES\ CONTENT .OUTLOOK4YIULJRUTIDEFERMENT AGREEMENT SAXET INDUSTRIAL LEGAL 04032012.DOC Deferment Agreement Between Thomas Davis and City Page 4 of 5 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County, Texas. 15. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 16. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 17. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. `This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN Triplicate originals this* 1-\4h day of Nc * , 20 R. By: THE STATE OF TEXAS § COUNTY OF NUECES § DEVELOPER: Thomas Davis PO Box 248 Corp .. C /sti, T A; 03 /// "omas Davis This instrument was acknowledged before me on L� , 2012, by Thomas Davis of Texas XAVIER GALVAN MY COMMtSSION EXPIRES February 2, 2413 C:ID000MENTS AND SETTINGSIMFN\LOCAL SETTINGS ITEMPORARY INTERNET FILESICONTENT .OUTLOOKSYIULJRU1',DEFERMENT AGREEMENT SAXET INDUSTRIAL LEGAL 04032012.DOC Deferment Agreement Between Thomas Davis and City Page 5 of 5 CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa Toby Futrell City Secretary Interim Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2012, by Armando Chapa, City Secretary, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2012, by Toby Futrell, Interim Assistant City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This /07-4 day of A Pg.1 L , 2012. Carlos Valdez, City Attorney BY: aatd Li is K. Castro Assistant City Attorney For the City Attorney C:LD000MENTS AND SETTINGSYMFHILOCAL SETTINGSLTEMPORARY INTERNET FILES\ CONTENT .OUTLOOKLYIULJRUIIDEEERMENT AGREEMENT SAXET INDUSTRIAL LEGAL 04032012.DOC Saeth Navigatan BaJlevora J„ 12.24 Aare, out of J.C. 114o,Kat ann FpImp 91odo Recoirnn�Nw0000a 56-60. Mon game (Canon 0,1:0011 eounoot;onJ t'.P.aa, Comment (we. ,1:. 7.987 Anon out al 1-.1' / 7;;. 201. Pea 58^59, Map ?=A18E10�u`R_x,GT. � Icf f11Pd[9 1`�+ .sliaa tt—ISWw>-a fl rt1,11 ,7,2 [am_ry..T � 'it�•ner Sr a Gkragawrm i1a7_ Previa 2L (bac. fn, Cy,OJ4C.T.) ,lu West 4381 0.011 lore out of Lot S. Block 9 al.. knoll Form Blecia, 1!011. yd. Ings 68-59,, 7 Records, Name" Comply, Manus(Ortnert Thorn® Nolo? 1.715 40,1..2 tar �� 20, Poe, 50-59, Nap Loh J.C. Lohsa. RFanod, Rocks Owner Nuaw Coolly, T (Owner K J Koch 10.141. Ltd) 44 qFeL 5/6'e2 4811 Bed afros momped 1,y CJ:. TX 24.514 Acres out of Lot J.0. Bleak Nlnmlr Farm 0040 9,2. 28, 4121, 58-50, nen Rac0rda, Nr4ceo County, 012000 (Owner, K J Koch tonus. Ltd) Lot 8 Jahn, industrial 5.16diuldon Mop Rumor., 14:now Coun Trona Plat of Saxet industrial. Lot 2, Block 1 254141 awes d load out of id 4 Block $ of &rs,Try Furor drk%, recorded in Volume ?9, Rages 5B -5g Mop Records or Bowes Coady, Texas. 1.1 Tolo1 plotted urea .014,01, 2.00 acres of Iola. 2.)ciSet 12/8 el Inch iron e. vino ml Moore cap al'UMW!noed 'LNOR C.C. 1h' 14:71 wham waled. 3.) The rece1ring 0010 ler the :loan valor remit from this properly yo0 the Cee Creak The , n CSC hoes et elmaped the aquatic ilk 000 for 00 but d is ,0102nind 00one IoI1y 0111c� woo, The 9400 creek Court, flows dreeuy Into the OF, Noy, Tho Tc20 pas 11iO4 the ea tic h1: unit fp the ass 13ay n .1ep41ml" viol "cynic- ,waled. and eolpgorimd 11,, recddng e010 as mcon1o41, recreation' lice. 4,) BeeriIX 149004 en I11,, ml 00114,41 o' 8a{golian C7o1ceu4, os 4o,, on F 1bWMr B. 11002, 04--59, :atop Record, oof yumeor County. Tomo. 5.) 57 oraphk Afo;liuy only, IW, ompen, Is In Zone "C' of the nerd Insumnoo /iota Mon, Community vena IS ,0.., 499404 0,02 C. Lily .01 Corp. C8rlui, i0s0,, uh4cI1 beat: un :119the dote of July Ili. 1941 and is not M o Speninl Mod Hazard Arm, 0.) unikoh• =coon ,41011 101 limps shall not be nh,LualeJ. 7) II any Tal ' dceel,pod M 000141:0,1 4000, 001,711unm allh I20 1190: 0141 Spm, 109401'401 til 10. mgrr04 4:1174 Ila: huikin9 910mil Phan, Slott, el Immo County 01 Mleees Thorne.1. •,;. nevle h Bey 00a3,y 3911 I ova he Inns mr1rac00 dthu, the bourd„1os of 11,0 leregerne p102; !nut 1 here hod mid Iva@, 0uveyed and wh4t.ped m that sheece shown 0 deNcaNd in l0 n park eat fora:-,; r1, omen!: oa choral;,011, era 400190/0Nh 4 to the P.for Tho inetalln191, oper0tlon cad 000 es park 01L.t�e,; and that this mop eau made for the purpro2 of 40smlptlm me dedication - 118. the anyo1 Them,o 5. 5,40 Shute of Tama County et Num. Ihi, Instrument yam odurwdedged betore 1,p by Themaa S. Dena Thfn ap ___ day el _ — Notary PPr@jk M 11,44 f Loo 51141, of IPPECCUE 747 1 5 2012 PLANNING CGM l9SIQN Slala of Te.ap County of IA.cxa 1 J.ran 1 Seto,, u Re0lelera4 Profeayona. lend Surrcyor for Urban Engine:1n,, 141,0 prasar00 thc fa:a9ain map Iran 0 survey mode en the Fermi ,order my 0rae1Wn end re litea ant correct le the boot of my taar.l:490, informationod 841;02 hove been der ,018091 la cut on Lal end n:olr :carom ea ahem herein ,1,J to eattnlcic such opgr0Yono WI+ .1,e or4 reasen091, 6 41100:,,, ,1001 ei;- sound prehado,d (mark,, 1214 We __ dor of __ ._ _,___ _, 20 N0, 1 Snlaem, 0pL5. Terns 140,0 0o. 4929 State of learn County of NoOoec This Rnel plot of IIx f,9,4, hemibaJ TearopartY1. sea 0(790.40 by 2,0 00901msnt 0' !]nudayn,er; 90,1,0: 0.' I0: 4111 of fan„x 011,1:8, m Th-e the — — ch.;, 411000,8 Co1I.,o x., P0. ibekm90nt 94rulwa Engineer Stole of Tattoo 010111 of Nmaaos 18: 8nx 1207 01 the haW dmerib,4 properry pus :pproead on bNn00 of the City of Calm 02,0141, Tema by the Plaa,1g C,mm,eeran. rhes den day of _. _ 22 2feta 0f ems t'nn,ty el 2210,44 hotly avoo. Chulrmm Il 0.me T. 01,0:00, 0141 el 100 Cw 214 4ar7 La red r1, ado county. do 2140 0 opal, Lena, the p,N6 lnelr,.m0 Weil 20 rho - _ 01"1_''-_,01810)0 ,112 ;Lr carli8caf0 or WaledWaled, eNm ., 0nd 9hd far sewed N , .old, x' the ---71;,20a1 _ at 20 , Ar io , d Countym echmey recorded lha 40Y of r 22_—. at -�. O'daok saga _ - Noy gccoroc ---a'• 101100,1 my hood end 1001 0r 11, County corn, 999 ord 10- said County. nt once In Corpus 04,1111. Tree,, 7110 oay 1,001 700! 121x1 eNt7an, Cr,phk SD'X41, 1"= Ulan,. T Barrer, County Elul, 040cea C u01Y Texas 111)1_ �u1r DATE- Junuory 27, 2012 ENGtN EERING SCALE: 111450" esus cwasn. 1nrAs JOB Na.: 23241.8200 0112L7: 1 of 1 r )11J2) ,. w )r:V`�r..-"w0.'°'" ORn1Ml 97; 00 - - -- - - - - - J 0 0 SR 3g : l 4oa . 90.5 I liE — I M 4 44.9 6:4Cr ]I 1 , I / n tl• • b I 4 I I IC� 1NA e 0 o 10.4 Ir, !R flH I •r I Ig ® 40.1 I -.1 o � ■ I ;, m 6 !� w �.. 1 j 51 i L .Gv e r _ c 1 40.9 w m 40.1 a.61. 611 , . a $ 1111 1 5! EXHIBIT 2 Eng: Murf Hudson, P.E. By: C.R.R. Sanitary Sewer Extension for LOT 1, BLOCK 2 SAXET INDUSTRIAL SUBDIVISION Jan. 27, 2012 Job No. 23241.B2.00 ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST SANITARY SEWER IMPROVEMENTS: 1 6" PVC (6' -8' Cut) 113 119 LF $26.00 $3,094.00 2 8" PVC (6' -8' Cut) 45 47 LF $30.00 $1,410.00 3 8" PVC (8'-10' Cut) 339 356 LF $36.00 $12,816.00 4 OSHA Trench Protection 497 522 LF $1.50 $783.00 5 Embedment 497 522 LF $15.00 $7,830.00 6 4' Diameter Manhole (6' -8' Deep) 1 1 EA $3,500.00 $3,500.00 7 Cleanout 1 1 EA $1,000.00 $1,000.00 8 Pavement Repair 1 1 LS $1,850.00 $1,850.00 9 Driveway Bore 49 51 LF $65.00 $3,315.00 10 Tie to Existing Manhole 1 1 LS $750.00 $750.00 SANITARY SEWER SUB - TOTAL: $36,348.00 Bonding, Insurance and Contingency: $5,452.20 Engineering Fee, Surveyincoand Administration: $3,634.80 TOTAL ESTIMATED IMPROVEMENTS COSTS: $45,435.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 -854 -3101 EXHIBIT 3 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BY GI IY = PURC ING DIVISION City of Corpus Christi 4W" -1K IngeafAr CITY OF CORPUS C DISCLOSURE OF INTE 1 STI ST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMP N Thomas S. S Davis P. O. BOX: P.O. Box 248 FI ET ADDRESS: IS: I. Corporation 4. Association CITY: Corpus Christi ZIP: 78403 2. 5. Other e ship 3. Sole Owner DISCLOS QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the n. es of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above n ed "firm." Name N/A Job Title and City Dep. ent (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "f ." Name N/A Title N/A 3. State the n. es of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "fi ." N. e Board, Commission or Co ittee N/A N/A 4. State the n worked on constituting N e N/A es of each employee or officer of a "consultant" for the City of Corpus Christi who any matter related to the subject of this contract and has an "ownership interest" 3% or more of the ownership in the above named "f " Consul t N/A .0**k :JO/ la FILING REQ I NTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed iting to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed iting filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 1 certify that all info ation provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any info ation requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 0/4/7 r /9 vel Title: ype or Print) Signature of Certifying Person: DEFINITIONS Date: (//c/(/// V— a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Fi ." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the fo of sole proprietorship, as self-employed person, p: ership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Dep. 4 ent and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. g. "Ownership Interest." Legal or equitable interest, whether actually or con A ctively held, in a fi , including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special te s of venture or partnership agreements." "Consultant." Any person or fi , such as engineers and hitects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 15, 2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director Department of Development Services 361- 826 -3246 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District in the amount of $238,496.10. (Northeast corner of Wooldridge Road & Ennis Joslin Road) CAPTION: Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District, Developer of CCISD — Southside Middle School Tract, in the amount of $238,496.10 for the City's portion of the cost of the Ennis Joslin Road Bridge over Ditch 29, in accordance with the Unified Development Code. BACKGROUND AND FINDINGS: The developer, Corpus Christi Independent School District (CCISD), is proposing to construct a middle school on a tract of land located at the northeast corner of Wooldridge Road and Ennis Joslin Road. CCISD is platting the property in order to obtain building permits. As a requirement of the plat, CCISD will be dedicating the right -of -way for Ennis Joslin Road, building a 40 -foot back of curb to back of curb paved section for Ennis Joslin Road and constructing the Ennis Joslin Bridge of Master Ditch 29. The Unified Development Code (UDC) requires the developer to pay their half of the bridge over a ditch with a bottom width of 15 feet. Master Ditch 29 has a bottom width of 32 feet. Therefore the City is responsible for the remaining 17 feet. Since CCISD owns only the south side of the ditch, they are only responsible for 7.5 feet or 23% of the bridge construction. Since the north side of the ditch has not been platted, the City will participate on those 7.5 feet plus the remaining 17 feet or 77% of the bridge construction. The Urban Transportation Plan designates Ennis Joslin Road between Holly Road and Wooldridge Road as an "A2" arterial requiring 100 feet of right -of -way and a paved section of 70 feet from curb to curb with a median. The UDC requires the developer to build up to a residential collector which 40 feet from curb to curb. Since the developer will construct the bridge, staff has requested that the bridge be constructed to its ultimate width. This will reduce the amount of bridge reconstruction required when Ennis Joslin Road is built to its ultimate pavement width. The developer, CCISD, will be responsible for $43,658.00 and the City's portion will be $238,496.10 which includes the remaining 24.5 feet bottom width for the bridge, the over -size of the bridge and the additional roadway to connect the Ennis Joslin Road existing pavement north of the bridge to the bridge. ALTERNATIVES: • Denial of the Participation Agreement. • Require enough bridge construction for a 40 -foot wide paved section. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The proposed bridge and abutting rights -of -way are consistent with the adopted Urban Transportation Plan. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: The Department of Engineering Services has reviewed the proposed width of the bridge and is in agreement with the proposal. The Department of Engineering Services, Finance & Resource Management Division, has reviewed the funds available from the Bond 2008 Streets, Developers Participation line item, and has verified that the monies are available. FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,248,700.00 $151,300 $2,400,000.00 Encumbered / Expended Amount 1,935,558.52 (1,935,558.52) This item $238,496 (238,496.00) BALANCE 313,141.48 ($87,196) 225,945.48 Fund(s): Street Bond 2008 Comments: The Project Expenditures to Date column shows a balance of $313,141.48 which was not anticipated at the time the Fiscal Year '12 Capital Improvement Budget was developed. Within the past few months, two Developer Participation projects were completed and came in under budget. This allowed funds, which were not used, to be released and be used to support this additional project. While current year funding shows a negative balance, the additional funds listed under "Project to Date Expenditures" will be used to offset the additional funds needed. This project is fully funded and a balance of $225,945.48 is anticipated to remain for additional Developer Participation projects. The Fiscal Year 2013 CIP shows this corrective action, but the timing of this project precedes the CI P's release. RECOMMENDATION: Staff recommends approval of the motion authorizing the City Manager or designee to enter into a Participation Agreement with CCISD for the construction of the Ennis Joslin Road bridge construction and road c:\Program Files\Granicus\Legistar5\Packet\946 City Council 515_ 2012 \0011_ 1_ 63 al 67f2-d7bc- 4573 -bceb- a658f3cc5b2e.docx improvements not to exceed $238,496.10. LIST OF SUPPORTING DOCUMENTS: Participation Agreement c:\Program Files\Granicus\Legistar5\Packet\946 City Council _5_15_ 2012 \0011_ 1_ 63 al 67f2-d7bc- 4573 -bceb- a658f3cc5b2e.docx Participation Agreement Between CCISD and City Page 1 of S STATE OF TEXAS PARTICIPATION AGREEMENT § COUNTY OF NUECES § THIS PARTICIPATION AGREEMENT (hereinafter "Agreement ") is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469 -9277 (the "City ") and Corpus Christi Independent School District, 801 Leopard Street, Corpus Christi, Texas 78403, hereinafter referred to as "Owner ". WHEREAS, the Owner owns certain real property located in Nueces County, Texas, being 36.469 acres out of Lots 9 and 10, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (the "Property ") as shown on the attached final plat, Exhibit 1 (attached and incorporated), and Owner desires to plat the Property designated on Exhibit 1 as Lot 1, Block 1, CCISD — Southside Middle School Tract, hereinafter referred to as "Plat "; and WHEREAS, as a condition of the Plat, Owner is required to extend and construct Ennis Joslin Road from its existing terminus, approximately one hundred sixty (160) feet north of Master Ditch 29, south to Master Ditch 29 and including bridge improvements as depicted on and in accordance with the improvement requirements set forth on Exhibit 2 (the "Roadway Extension "); and WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by Owner in conjunction with the Owner's final plat; and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with an Owner of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement complies with Texas Local Government Code § 212.071 et seq. and the Unified Development Code, Section 8.4.1 (A). NOW, THEREFORE, in order to provide a coordinated public street construction project, the City and Owner agree as follows: Subject to the terms of this Agreement and the Plat, Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. Participation Agreement Between CCISD and City Page 2 of 5 The parties acknowledge and confirm the Preliminary Reimbursement Cost Estimate for construction of the Roadway Extension Exhibit 3 (attached and incorporated) (the "Cost Estimate "). Subject to the limitation below, Owner shall pay a portion of the costs of construction of the bridge improvements. Subject to the limitation set forth below, the City shall pay the remaining portion of the costs of construction of the bridge improvements plus the Roadway Extension, designated as the total amount reimbursable on the Cost Estimate. Notwithstanding any other provision of this Agreement, the total that the City shall pay for the City's agreed share of the costs of the Roadway Extension and bridge construction shall not exceed $238,496.10. The City shall reimburse the Owner the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed, upon receipt of Owner's invoice for the work performed. Such reimbursement shall be made payable to: D. Scott Eliff Superintendent of Schools Corpus Christi Independent School District 801 Leopard Street Corpus Christi, Texas 78403 The invoices must be paid no later than thirty (30) days from the date of the Owner's invoice. Owner shall submit all required performance bonds and proof of required insurance in accordance with applicable laws. Owner shall submit standard contract documents for review and approval. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify Owner of any defect, deficiency or other non - approved condition in the progress of the Roadway Extension. In accordance with Section 212.073, Texas Local Government Code, Owner shall cause the construction contractor that Owner engages to construct the Roadway Extension to execute a performance bond for the construction of the Roadway Construction improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED Participation Agreement Between CCISD and City Page 3 of 5 BY OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF ENNIS JOSLIN ROAD AND BRIDGE CONSTRUCTION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. In compliance with City of Corpus Christi Ordinance No. 17112, Owner agrees to complete the Disclosure of Ownership Interests form Exhibit 4 (attached and incorporated). This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Owner from and after the date that all original copies have been executed by all signatories. Participation Agreement Between. CCISD and City Page 4 of 5 EXECUTED in triplicate originals *this day of , 2012, Signatures are found on Pages 4 and 5. Corpus Christi Independent School District "Owner" D 'Scott Eliff Superintendent of Schools Corpus Christi Independent School District THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Scott Eliff, Superintendent of Schools, Corpus Christ Notary Public, State of Texas Approved as to Legal Form. ohn J..lan .en General C !unsel for CCISD , 2012, by D. idependent. School District. MARIA D. GONZALE Notary Public P J STATE OF TEXAS rq +P1 My Comm Exp. 09 -29 -2012 Reviewed and By: Participation Agreement Between CCISD and City Page 5 of 5 pproved for Purchasing Compliance ATTEST: Date: Pur asing and Distribution CITY OF CORPUS CHRISTI ("City") P. 0. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: By: Armando Chapa City Secretary THE STATE OF TEXAS COUNTY OF NUECES Ronald L. Olson City Manager This instrument was signed by Armando Chapa, City Secretary, for the City of Corpus Clristi, Texas, and acknowledged before me on the day of , 20 . Notary Public, State Of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 20_. Notary Public, State Of Texas I' • • III ISM MEMEM APPROVED AS TO FORM: This day of , 2012. Carlos Valdez, City Attorney BY: Lilia Castro, Assistant City Attorney For the City Attorney 991005 1.) Total patted one,. 0.0001,. 36.169 anno Of IPA. (Include. street Oec1co0,,) 7) Set 5/5 MCN /ion ead..170 red pilalfc cap stamped '9990111 Q:CR C.C. T% o1 e0 tet earn 1eo..Far. noted. 3.) The receiiene water Inc ln. ato..n nem r9etill teem 10., property is the 0,0 Ray. 11a TCi0 nn0 0150.150.0 th. aq:alie 111. urr. for tn. O,e Roy as ',caption/al. and 'oyster we . 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TI,A3 DATE: February 10, 2017 SCALE: r-100' J09 MO.: 0661691.02 SNEE7: 2 of 2 MUM' 0M: 00 PROPERTY LINE 3 URB CUT, SID ALK DRAI AND FLUME. 20' ADDITIONAL DEDICATION BY PLAT C.C.I.S.D MIDDLE SCHOOL ®Copyright Urban Engineering 2012 48'x4' BOX CULVERT AND HEADWALL DETAIL PLAN VIEW SCALE: 1"=30' PROPERTY LINE ,ENGINEERING cnrRua cavum, TOWS .:ern o:1." cm wri rn .L.= JOB NO. 8896.81.02 4/5/12 MFH/cff URBAN' 20' ADDITIONAL DEDICATION I N TOP HDWL 10.70 3' CURB CUT TC 11.00 STA 13+60.57 TC 11.34 GUARD RAIL TOP HDWL 10.70 FLOWLINE 4.50. 59.10' 4r 5'x4` BOX CULVERT AND HEADWALL DETAIL END VIEW SCALE 1"=10' 1/4"/ 40' $_0 TC 11.00 6" 'L' CURB 8" BASE 8" SUBGRADE SEE TxDOT DESIGN SHEETS PEDESTRIAN IRAEL TYPE PR1, CONCRETE WINGWALLS WRN PARALLEL WINGS FOR BOX CULVERTS TYPES PW -1 AND PW -2 AND MULTIPLE BOX CULVERTS CAST—IN—PLACE 6.-0" SPAN 0' TO 13' FILL MC -8-13. TC 11.00 11/4"/FT 66.00' S=� GUARD RAIL TOP HDWL 10.70 EXIST. DITCH FL FL=4.60 68.56' 4N8'x4' BOX CULVERT AND HEADWALL DETAIL PROFILE SCALE: l''=10' ©Copyright Urban Engineering 2012 r IIUR�AI� ENGINEERING w"oua cmasrn, roan JOB NO. 8896.61.02 4/5/12 MFH/cff Preliminary Bridge Construction Estimate April 4, 2012 CCISD SOUTHSIDE MIDDLE SCHOOL TRACT ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST BRIDGE ESTIMATE FOR THE ENNIS JOSLIN/DITCH 29 BRIDGE: _ 1 2" HMAC Including Prime Coat 480 504 SY $13.50 $6,804.00 2 8" Crushed Limestone Base 480 504 SY $13.50 56,804.00 3 3" Crushed Limestone Base Under Curb 107 112 SY 513.50 $1,512.00 4 8" Lime Stabilized Subgrade 660 693 SY 510.00 56,930.00 5 6" 'L' Curb 322 338 LF 512.00 $4,056.00 6 5' Tied Sidewalk 1,680 1,764 SF 53.85 $6,791.40 7 4- .8'x4'x40' Box Culverts 1 1 LS 557,500.00 $57,500.00 8 Headwalls 2 2 EA $20,000.00 $40,000.00 9 Handrails 240 252 LF 585.00 $21,420.00 10 Compacted Backfill 1 1 LS $21,000.00 $21,000.00 BRIDGE SUB - TOTAL: $172,817.40 ENGINEERING, STAKING & TESTING $17,000.00 TOTAL; $189,817.40 BRIDGE REIMBURSEMENT SUMMARY: Bridge Bottom Width 32'; Developer Responsibility 7.5' Each Side of Ditch. Therefore: Developer Funding 7.5/32 x 100 = 23% x 8189,817.40 543,658.00 City Participation" 24.5/32 x 100 = 77% x 5189,817.40 5146,159.40 City will have to fund north side property owner share of bridge cost until such time as it may be recouped from the owner /developer. ADDITIONAL PAVING IMPROVEMENTS FOR 80' ENNIS JOSLIN NORTH OF DITCH: 1 2" HMAC Including Prime Coat 399 419 SY $13.50 $5,656.50 2 8" Crushed Limestone Base 399 419 SY $13.50 $5,656.50 3 3" Crushed Limestone Base Under Curb 34 36 SY $13.50 5486.00 4 8" Lime Stabilized Subgrade 588 617 SY $10.00 $6,170.00 5 6 "1L' Curb 206 216 LF $12.00 52,592,00 6 5' Concrete Sidewalk 1,030 1,082 SF 53.85 $4,165.70 ENNIS JOSLIN SUB - TOTAL: $24,726.70 ENGINEERING, STAKING & TESTING: $3,000.00 J ENNIS JOSLIN PAVING TOTAL: $27,726.70 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361- 854 -3101 EXHIBIT 3 1 of 2 Preliminary Bridge Construction Estimate April 4, 2012 CCISD SOUTHSIDE MIDDLE SCHOOL TRACT Mil DESCRIPTION QUAN. QUAN. + UNIT ® TOTAL 5% PRICE COST ADDITIONAL STREET AND BOX WIDTH TO PROVIDE ULTIMATE WIDTH PER CITY DIRECTIVE: IIIIIIIM 1 2" HMAC Includin. Prime Coat 124 130 SY $13.50 $1,755.00 2 8" Crushed Limestone Base 124 130 ® $13.50 $1,755.00 © 8" Lime Stabilized Subgrade 124 130 SY $10.00 $1,300.00 4 4-8'x4' Box Culverts Addl, 26' for Ult. 54' B-B Si) 1 1 LS $40,250.00 $40,250.00 ©Com. acted Backfill 1 $13,650.00 $13,650.00 MI = ADDITIONAL COST TO PROVIDE ULTIMATE WIDTH: $58,710.00 MIMI 111111111M. ENGINEERING, STAKING & TESTING; $5,900.00 ADDITIONAL STREET AND BOX COSTS TO REACH ULTIMATE WIDTH: $64,610.00 TOTAL ESTIMATED CITY PARTICIPATION INCLUDING ADDITIONAL COST ITEMS: $238,496,10 MIIIMIMMIII 111111 MI= IIIIII =MM. Mill mi=111111111.11.11 MIIIMMIIIIMIMIMIMII 111MMI 1.I. ME 1111 ME= MM. I= 111.1111111111.111M MIMI IMIIMMIll IIII. MI MIMI I= MIMI .1111 MIMI MIMI Mill MIIIIIIIIIMMIll M IIMM .11111111....1.1111=111=111 =MIME= 1.11=1111.1M 1111111M IIIIIIIIIIIIIIIIII MINIIIMMII MIME NM= MOM MOM Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 - 854 -3101 EXHIBIT 3 2 of 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must b answered. If the question is not applicable, answer with 4NA. FIRST NAME: STREET: 801 Leopard II us 1 SI 10-/111 ie. li my: Corpus Christi zip: 78415 ' FIRM IS: 01. Corporation 02, Partnership 03. Sole Owner 04, Association c)6. Other Political Subdivision DISCLOSURE QUESTIONS If additional space Is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee'' of the City of Corpus Christi having an "ownership Interest constituting 3% or more of the ownership in the above named "firm. Name NIA Job Title and City Department (if known) 2. State the names of each "officiar of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Title N/A 3. State the names of each "board member of the City of Corpus Christi having an 'ownership interest' constituting 3% or more of the ownership In the above named 'firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a 'consultant" for the City of Corpus Christi who worked an any matter related to the eubjeot of this contract and has an "ownership Interest" constituting 35 or More 01 the ownership in the above named Inn". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Brian Bra C.P. (Type or Print) Signature of Certifying Person: EXHIBIT 4 Title: Director for Purchasing and Distribution Date: AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING ADVANCE FUNDING AGREEMENT WITH TXDOT ADA Curb Ramps City -wide 2012 AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012 Program, with the City's participation in the amount of $17,473. BACKGROUND AND FINDINGS: The proposed project is a TXDOT project to construct curb ramps for ADA compliance at various locations in the City of Corpus Christi. TXDOT plans to bid the project June 5, 2012 and start construction August 2012. They expect construction to be complete October 2013. The City is responsible for adjustment of utility valves and manhole covers associated with this ADA compliance project. As part of TXDOT's contract with the lowest bidder, the contractor will do the final adjustment of the sanitary sewer manholes, gas valves, and water valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these utilities at the appropriate time and for the City to reimburse TXDOT for the adjustments. The City of Corpus Christi will contribute $17,473 for adjusting sanitary sewer manholes, gas valves and water valves at various locations on FM 43 (Weber Road), FM 2444 (Staples Street), SH 357 (Rodd Field Road), Park Road 22, SH 358 (South Padre Island Drive), SH 357 (Saratoga Boulevard), SH 286 (Crosstown Expressway) and SH 44 (Agnes Street), which are TXDOT on- system locations. The City of Corpus Christi contribution includes construction items and direct state costs, due upon full execution of the Advance Funding Agreement. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITY COUNCIL 5 15 2012\OO1 2 1 0F1D114B- 4145- 457D- B61A- E481B67D7175.DOCX ALTERNATIVES: 1. Approve the Resolution for the Advance Funding Agreement which will allow TXDOT to proceed with the construction of the curb ramps for ADA Compliance. 2. Do not approve the Resolution for the Advance Funding Agreement and adjust the utilities with City crews while closely coordinating with TXDOT's contractor. OTHER CONSIDERATIONS: This work is time sensitive because it is performed at the time the curb ramps and sidewalks are being formed up. The work has to be closely coordinated with the contractor because of concrete scheduling. TXDOT's contractor may have delays of work while waiting for City crews to adjust utilities which puts the City at risk. Due to the nature of construction and the high demand on City crews, the City may elect to contract the work which can be more costly to the City. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; RFQ No. 2008 -05 Bond Issue 2008 Projects; FY 2011 -12 Capital Budget. EMERGENCY / NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Street 16 Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,826,700.00 $2,826,700.00 Encumbered / Expended Amount This item $17,473.00 $17,473.00 BALANCE $2,809,227.00 $2,809,227.00 Fund(s): Street Comments: TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $17,473. This is an estimate; and the final amount of the City's participation will be based on actual costs. RECOMMENDATION: It is recommended to execute the Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012 Program, with the City's participation in the amount of $17,473. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITY COUNCIL 5 15 2012\OO1 2 1 0F10114B- 4145- 457D- B61A- E481B67D7175.DOCX LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Advance Funding Agreement C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITY COUNCIL 5 15 2012\OO1 2 1 0F10114B- 4145- 457D- B61A- E481B6707175.DOCX \ Mproject \councilexhibits \exhE12027. dwg PROJECT #E12027 LOCATION MAP NOT TO SCALE ADA Curb Ramps City -Wide 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ ■ I Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation ( TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City-wide 2012 Program, with the City's participation in the amount of $17,473. 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 (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO LEGAL FORM: /4 th day of , 2012. Veronica Ocanas Assistant City Attorney for City Attomey 042412 reso afa manholes, gas valves, & water valves - txdot's ada curb ramps city-wide 2012 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 042412 reso afa manholes, gas valves, & water valves - txdot's ada curb ramps city -wide 2012 4 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0916 -00 -063 District # 16 — Corpus Christi_ Code Chart 64 # 09800 Project: Construct ADA Ramps ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM PROJECT 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, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112237 authorizes the State to undertake and complete a highway improvement generally described as construct curb ramps for ADA compliance at various locations in Nueces County; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as adjusting manholes, water valves and gas valves, called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, AFA -AFA VoITIP Page 1 of 5 Revised 04/01/11 CSJ # 0916 -00 -063 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct ADA Ramps Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. 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 costs. C. 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. D. 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 by the State to the Project. 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. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Govemment will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. 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. 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local govemment creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Govemment shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. AFA-AFA_VoITIP Page 2 of 5 Revised 04/01111 CSJ # 0916 -00 -063 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: Construct ADA Ramps 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. AFA-AFA_VoITIP Page 3 of 5 Revised 04/01/11 CSJ # 0916 -00 -063 District # 16 — Corpus Christi. Code Chart 64 # 09800 Project: Construct ADA Ramos C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. 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 or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Manager 1201 Leopard St. Corpus Christi, Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in 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. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to ail covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the 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 auditor considers relevant to the investigation or audit. AFA -AFA VoITIP Page 4 of 5 Revised 04/01/11 CSJ # 0916-00-063 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Construct ADA Ramps 17. 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. 18. Signatory Warranty Each signatory warrants that the signatory has necessan behalf of the entity represented. uthority to execute this agreement on 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 Cathy T. Floyd, CPA South Regional Support Center Director Date AFA-AFA_VoITI P Approved as to Legal form' Veronica °canes Assistant City Attorney For City Attorney Page 5 of 5 Revised 04/01/1 CSJ # 0916 -00 -063 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes, Water Valves and Gas Valves ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will contribute 100% of the construction costs for adjusting manholes, water valves and gas valves at certain locations in the City of Corpus Christi, including construction items and direct state costs. The Local Government is responsible for any cost overruns. Description otal stimated ost Federal Participation tate Participation Local Participation /o Cost % Cost % Cost djust manholes, water alves and gas valves (by State) 4. 14,200.00 0% $0 0% $0 100% $ 14,200.00 onstruction Engineering (by State) 4. 1,895.00 0% $0 0% $0 100% $ 1,895.00 ubtotal 16,095.00 $0 $0 $ 16,095.00 onstruction Direct State Costs , 208.00 0% $0 0% $0 100% $ 208.00 Indirect State Costs (7.27 %) ;. 1,170.00 0% $0 0% $0 100% $ 1,170.00 ubtotal 1,378.00 $0 $0 $ 1,378.00 OTAL 17,473.00 $0 $0 $ 17,473.00 Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $ 17,473.00 Estimated total payment by the Local Government to the State $ 17,473.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-AFA_VoITIP Page 1 of 1 Attachment A AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING ADVANCE FUNDING AGREEMENT WITH TXDOT FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37 AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, with the City's participation in the amount of $24,282. BACKGROUND AND FINDINGS: The proposed project is a TXDOT project on FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37 (at the Lyondell plant entrance) and consists of constructing 1.6 miles of new FM road section from Haven Drive to three miles south of IH 37 and 1.4 miles of mill and overlay from IH 37 to Haven Drive. TXDOT plans to bid the project on May 3, 2012 and start construction on July 2, 2012. They expect construction to be complete in January 2013. The City is responsible for adjustment of utility valves and manhole covers associated with this project. As part of TXDOT's contract with the lowest bidder, the contractor will do the final adjustment of the sanitary sewer manholes, gas valves, and water valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these utilities at the appropriate time and for the City to reimburse TXDOT for the adjustments. The City of Corpus Christi will contribute $24,282.00 for adjusting sanitary sewer manholes, gas valves, and water valves on FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, which is a TXDOT on- system location, including construction items and direct state costs, due upon full execution of the Advance Funding Agreement. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITY COUNCIL 5 15 2012 \0013 1 F8723D98- 9C63 -48BE- 8470- 8FCECE8D2908.DOCX ALTERNATIVES: 1. Approve the 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 Voluntary Local Government Contributions to the Transportation Improvement Project with no required match for manhole and valve adjustments during the construction of FM 3386 (McKinzie Road) from IH37 to three miles south of IH 37. 2. Do not approve the Resolution and City utilities can adjust the sanitary manholes, gas valves, and water valves with City crews or a contractor which would require close coordination and flexibility of work schedules due to the nature of adjusting valves and the critical timing during construction in which the adjustments need to occur. OTHER CONSIDERATIONS: This work is time sensitive because it is performed at the time the pavement grade changes which can happen more than once during a project. The final adjustment is made at the time the contractor lays the final layer of asphalt which if not done concurrently, the valves and manholes get covered with asphalt and are difficult for the City utilities to locate for self adjustment. Due to the nature of construction and the high demand on City crews, it may require the City to contract the work which makes it difficult for the City to coordinate the schedule between the TXDOT contractor and a contractor hired by the City. It is also more costly to contract for a small amount of work which would require inclusion of mobilization costs while the TXDOT contractor is already mobilized. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP ( TXDOT Participation) Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $383,500 $3,387,800 $11,976,800 $15,748,100 Encumbered / Expended Amount 383,500 This item 24,282.00 24,282.00 BALANCE 0 3,363,518.00 15,723,818.00 Fund(s): Street Comments: TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $24,282. This is an estimate; and the final amount of the City's participation will be based on actual cost. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITY COUNCIL 5 15 2012 \0013 1 F8723D98- 9C63 -48BE- 8470- 8FCECE8D2908.DOCX RECOMMENDATION: It is recommended to execute the Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves on FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Advance Funding Agreement C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITY COUNCIL 5 15 2012 \0013 1 F8723D98- 9C63 -48BE- 8470- 8FCECE8D2908.DOCX \Mproject\councilexhibits\exhEl 1 101. dwg RIVER HAVEN PROJECT LOCATION FM 3386 (McKINZIE ROAD) LYONDELL PLANT LEGEND ® MILL AND OVERLAY NEW SECTION LOCATION MAP NOT TO SCALE PROJECT # E11101 FM 3386 (McKINZIE ROAD) FROM IH 37 TO THREE MILES SOUTH OF IH 37 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, with the City's participation in the amount of $24,282. 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 (TXDOT) for the adjustment of wastewater manholes, gas valves, and water valves within the project's scope of TXDOT's FM 3386 (McKinzie Road) from IH 37 to three miles south of IH 37, with the City's participation in the amount of $24,282. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame ' Mayor APPROVED AS TO LEGAL FORM:1 th day of Veronica Ocanas Assistant City Attomey for City Attorney , 2012. 050812 reso afa manholes, gas valves, & water valves - txdot's fm 3386 (mckinzie road) Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 050812 reso afa manholes, gas valves, & water valves - txdot's fm 3386 (mckinzie road) CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes. Gas Valves & Water Valves STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM PROJECT 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, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Govemment Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112696 authorizes the State to undertake and complete a highway improvement generally described as construct new FM road from Haven Or. to three miles south of IH 37 (FM 3386) and mill and overlay from IH 37 to Haven Drive; and, WHEREAS, the Local Govemment has requested that the State allow the Local Govemment to participate in said improvement by funding that portion of the improvement described as adjust manholes, gas valves and water valves on FM 3386 from IH 37 to three miles south of IH 37, called the "Project "; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Govemment do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Govemment will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Govemment has requested and has agreed to pay for as described in Attachment A, Payment AFA -AFA VaITIP Page 1 of 5 Revised 04 /01/11 CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes. Gas Valves & Water Valves Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Govemment and will be carried out and completed by the Local Govemment, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Govemment shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Govemment is required at any time during the Project, the State will notify the Local Govemment in writing. The Local Govemment shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Govemment to the State under this agreement, the Local Govemment 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 by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Govemment's contractual obligations to the State under another advance funding agreement with approval by.appropriate personnel of the Local Govemment. 3. Right of Access If the Local Govemment is the owner of any part of the Project site, the Local Govemment shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Govemment will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Govemment 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. 6. Document and Information Exchange The Local Govemment agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Govemment will use the State's document template. The Local Govemment shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local govemment creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Govemment shall submit any information required by the State in the format directed by the State. AFA -AFA VoITIP Page 2 of 5 Revised 04/01/11 CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes. Gas Valves & Water Valves 7. Interest The State will not pay interest on funds provided by the Local Govemment. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Govemment a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Govemment shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Govemment cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 — Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Govemment. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Govemment. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or AFA -AFA VoITIP Page 3 of 5 Revised 04/01/11 CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes, Gas Valves & Water Valves 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Govemment up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Govemment, the State, or the Federal Govemment will be promptly paid by the owing party. 12. 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 or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Manager 1201 Leopard St. Corpus Christi, Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in 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. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Govemment and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to 'this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this AFA -AFA VoITIP Page 4 of 5 Revised 04/01/11 CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Manholes. Gas Valves & Water Valves 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 auditor considers relevant to the investigation or audit. 17. Insurance If this agreement authorizes the Local Govemment 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. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Govemment in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Cathy T. Floyd, CPA South Regional Support Center Director Date AFA-AFA_VoITIP Appooved u to tei pmt tf, / 0 Pipov:4--(LK Veronica Ocaiias Assistant City Attorney For City Attomey Page 5 of 5 Revised 04/01/11 CSJ # 3364 -01 -010 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Govemment will contribute 100% of the construction costs for adjusting manholes, gas valves and water valves on FM 3386 from IH 37 to three miles south of IH 37, which is an on- system location, including construction items and direct state costs. Initial payment by the Local Govemment to the State: $0 Payment by the Local Govemment to the State before construction: $ 24,282.00 Estimated total payment by the Local Govemment to the State $ 24,282.00 This is an estimate. The final amount of Local Govemment participation will be based on actual costs. AFA -AFA VoITIP Page 1 of 1 Attachment A • e s c t I p t i n f Actual 'C 5. 0 . I " r.• 6 f Tate Partin OP a 'a h'� Y qpa .z n 4 F.. ._ 1 � ., . �' ti. !" t , >� �� 7%. � !+1 .� � djust Manholes and j ater Valves b State �� 19,900.00 . � % ,. 0 � ° /o 0 f 100% 5.... <:. � �� 19,900.00 onstruction Engineering b State , 2,482.00 0 0 100% . 2,482.00 G 4 r N ti is `. y - �� 82 00 1 , 1 $� i� t rl• a1. i 'y/. _rser, onstruction Direct State osts 1.54% . 273.00 ! ' 0 0 100% 273.00 Indirect State Costs 7.27% ►' 1,627.00 0 0 100% 1627.00 ' Initial payment by the Local Govemment to the State: $0 Payment by the Local Govemment to the State before construction: $ 24,282.00 Estimated total payment by the Local Govemment to the State $ 24,282.00 This is an estimate. The final amount of Local Govemment participation will be based on actual costs. AFA -AFA VoITIP Page 1 of 1 Attachment A AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: 4/16/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB @cctexas.com (361) 826-3729 DISCOVER DOWNTOWN MUSIC AND FILM FESTIVAL 2012 CAPTION: Motion approving the application for street closure from Moondogger Productions to temporarily close the following street sections for the Discover Downtown Music and Film Festival to take place Friday, May 18, 2012 and Saturday, May 19, 2012. The temporary street closure of north bound Shoreline Boulevard between Buford Street and Coopers Alley, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of south bound Shoreline Boulevard between Furman Avenue and Kinney Street, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. BACKGROUND AND FINDINGS: Discover Downtown Music and Film Festival is the first of its kind is Corpus Christi. The event will feature outdoor music concerts, film, and variety of activities for families to enjoy. The Discover Downtown Music and Film will help boost revenues for the Corpus Christi Association of Realtors "Walk with Pride" event, benefiting Corpus Christi's children. Although Moondogger Productions is requesting the street closure of north bound and south bound Shoreline between Buford Street and Coopers Alley, City Traffic Engineering staff recommends the closure on south bound Shoreline between Kinney Street and Furman Avenue and northbound Shoreline closure to remain between Buford Street and Coppers Alley. The road closure will coincide with the Beach to Bay road closures and the same traffic control plan will be used for both events. Event coordinators for the Discover Downtown Music and Film Festival will be working with the Corpus Christi Road Runners to have two successful events consecutively. Traffic Control set up will begin on Friday, May 18th at 3:00 p.m. to allow for event set up. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Sec. 49 -17 EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None 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 Check Reimbursement This item BALANCE Fund(s): General Funds Comments: RECOMMENDATION: City Staff recommends the approval from Moondogger Productions for the Discover Downtown Music and Film Festival, pending insurance. LIST OF SUPPORTING DOCUMENTS: Location Maps Application 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 COOPERS ALLEY SHERRIL PARK KINNEY ST N SCALE: N.T.S. TEMPORARY STREET CLOSURE FOR DISCOVER DOWNTOWN MUSIC & FILM FESTIVAL - 2012 McCAUGHAN PARK McGEE BEACH - STREET CLOSURE SUBJECT: TEMPORARY STREET CLOSURE DISCOVER DOWNTOWN MUSIC & FILM FESTIVAL - 2012 MAY 18, & MAY 19, 2012 - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 04/12/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovds(c�cctexas.com 361- 886 -2603 Appropriating Police overtime reimbursement monies for HITS marathon CAPTION: Ordinance appropriating $30,301.57 from HITS, INC. for Police overtime reimbursement for the HITS Marathon held February 18 -19, 2012, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. BACKGROUND AND FINDINGS: The HITS Triathlon Series event occurred in Corpus Christi February 18 -19, 2012. The company, HITS Inc., agreed to reimburse the Corpus Christi Police Department for 50% of overtime costs associated with providing officers for traffic control for the event. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city financial policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Operating Budget Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 30, 301.57 30, 301.57 BALANCE 30,301.57 30, 301.57 Fund(s): General, Police Comments: RECOMMENDATION: Approval of the appropriation. LIST OF SUPPORTING DOCUMENTS: Deposit slip CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed 142321 Depk Pep ed/Reviewed by: lei 1 f Jel, Date:11 1/2 Ext QI3 Bank Bag #: 0 / 00 {V * PAY CODE ACCOUNT FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS c19 $L4JJ 1$20 117 X. -1Z J,3r P .1145/2"&;4a. • 93 30t7/5 /12119 1179D i? 30141 H47.5 93 Witt tl if2o 1J730 294 VI?_ &NAM `lq 3(29gi _ 1022 JL MR. Ilk_ %SD Ticeewt. 13 3067015- Lox 1Ll O 2-1?- i2428.10 II►c,1/: 419 agam Law LL750 1 . as.7_9 ('.... v 93 .:SSSO 10x • info 26J? _2O XJ Nc.? v CASH VERIFICATION COUNT CURRENCY $100s $ 50s $ 20s $ lOs $ 5s $ is AMOUNT COIN . $0.50 $ $0.25 $ 50.10 $ 50.05 5 50.01 $ CASH SUBTOTAL $ CHECK TOTAL (include tape) $ SUBTOTAL 5 CREDIT CARD (include tape) 5 GRAND TOTAL $ aqtra * If you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment Code in the first column, you must complete the remaining columns. (I.e., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. WH1TEJYELLOW — CENTRAL CASHIERING PINK — DEPARTMENT COPY GREEN — PERMANENT FILE COPY Revised 11/01/99 HITS, INC. GENERAL OPERATING ACCOUNT •semteel"1es Q7 I cf, ® N �I x x 12 CC TX TRI CITY OF CORPUS CHRISTI (TEXAS) O 0 0 O N Lo O ca ti. ▪ CD area 0 CS Z FtoZ. U FX- Vl g z c O) r11 a) =om161 a) Ww '♦ 0 cc, cc g - oa,CO O w C O 0 cs 2 mom a v c\ r r I O LLI M y • ��O a a°oo 0 [A E:0 2 20000461: Ordinance appropriating $30,301.57 from HITS, INC. for Police overtime reimbursement for the HITS Marathon held on February 18- 19, 2012, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,301.57 is appropriated from HITS, INC. for Police overtime reimbursement for the HITS Marathon held on February 18 -19, 2012, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor TO: AGENDA MEMORANDUM For the City Council Meeting of May 15, 2012 DATE: 4/16/2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB @cctexas.com (361) 826-3729 CAPTION: Floyd Simpson, Chief of Police FloydS @cctexas.com (361) 886 -2604 Ordinance for Protection of Vulnerable Road User Ordinance adding a new Section 53 -15 to the Corpus Christi Code of Ordinances relating to restrictions on operating a motor vehicle near a vulnerable road users; creating an offense; providing for penalties; providing for severance; providing for publication; providing for an effective date. BACKGROUND AND FINDINGS: The Traffic Advisory Committee and Bicycle and Pedestrian Sub Committee have requested City Staff, and Traffic Engineering, to submit to Council for their consideration the attached "safe passing ordinance" or "vulnerable road user's ordinance." The Protection of Vulnerable Road Users Ordinance drafted by City Legal Department was reviewed and passed the Traffic Advisory Committee on March 26, 2012 and are requesting favorable consideration by City Council. This ordinance will require all motor vehicles to pass vulnerable road users at a safe distance and is subject to enforcement. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: This ordinance promotes the safety of vulnerable road users and will allow the Corpus Christi Police Department to enforce the law. CONFORMITY TO CITY POLICY: This ordinance will add a new Section 53 -15 to the City Code. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Police Department 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: Not Applicable RECOMMENDATION: Traffic Engineering recommends the approval of the new ordinance for the protection of vulnerable road users. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE ADDING A NEW SECTION 53 -15 OF THE CITY CODE RELATING TO RESTRICTIONS ON OPERATING A MOTOR VEHICLE NEAR VULNERABLE ROAD USERS; CREATING AN OFFENSE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 53 of the City of Corpus Christi Code of Ordinances is amended by adding a new Section 53 -15 to read: CHAPTER 53 TRAFFIC * ARTICLE I. In General * * * * * Sec. 53 -15. Protection of Vulnerable Road Users. (a) In this section, a Vulnerable Road User means: (1) a bicyclist; (2) a pedestrian; or (3) a person with a disability. (b) An operator of a motor vehicle passing a Vulnerable Road User shall pass to the left of the Vulnerable Road User at a safe distance. (c) An operator of a motor vehicle passing a Vulnerable Road User may not move back to the right side of the roadway until safely clear of the passed Vulnerable Road User. (d) An operator of a motor vehicle that passes a Vulnerable Road User at a distance of 3 feet is presumed to have passed at a safe distance. (e) An operator of a truck (as defined by the Texas Transportation Code) that passes a Vulnerable Road User at a distance of 6 feet is presumed to have passed at a safe distance. J :11.ENG11 AGENDA ITEMS 210522121052212 ORD adding Sec 53 -15 Vulnerable Road User v3.docx (f) A bicyclist shall use a bicycle lane when available and free of obstruction or debris that prevents the person from safely riding within the bicycle lane. This subsection does not apply to city-permitted organized events. (g) A pedestrian shall use an adjacent sidewalk when available and accessible to the pedestrian. This subsection does not apply to city-permitted organized events. (h) A person with a disability shall use an adjacent sidewalk when available and accessible to the person with a disability. This subsection does not apply to city- permitted organized events. (i) The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this section is a strict liability offense. (j) A violation under this Section is a Class C misdemeanor SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect immediately upon passage. J:11.ENG11 ..... AGENDA ITEM 511210522121052212 ORD adding Sec 53-15 Vulnerable Road User v3.docx The foregoing ordinance was read for the first time and passed to its second reading on this the S1 day of (Y) Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal , 2012, by the following vote: John E. Marez CILY Nelda Martinez C11- Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor J:11.ENG11 AGENDA ITEM S112\0522121052212 ORD adding Sec 53-15 Vulnerable Road User v3.docx Protection of Vulnerable Road Users Council Presentation May 8, 2012 Background The Traffic Advisory Committee recommends adoption of a "Vulnerable Road User Ordinance " for motorist to safely pass a vulnerable road user. Vulnerable road users are: • a bicyclist • a pedestrian • a person with a disability Texas cities that have adopted a similar ordinance • San Antonio • Austin • Beaumont • Denton • El Paso • Edinburg • Helotes • New Braunfels Safety facts • In 2011 there 15 pedestrian related fatalities • Not all roadways accommodate pedestrians or bicyclist • Alternative travel methods are increasing Staff Recommendation • Legal Staff have drafted the ordinance which defines the vulnerable user, passing distances and methods. • The drafted ordinance is supported by the Transportation Advisory Committee and Bicycle and Pedestrian Advisory Committee. City Staff believes this ordinance will aid in the enforcement of the State's and local traffic laws that protect vulnerable road users. AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 04/20/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovds(c�cctexas.com 361- 886 -2603 Amending Chapter 33, Code of Ordinances that regulates illegal smoking products and related paraphernalia CAPTION: Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) to regulate illegal smoking products and related paraphernalia and by specifically negating a requirement of a culpable mental state; providing for penalties; providing for severance; and providing for publication. BACKGROUND AND FINDINGS: The original ordinance was approved by the Council on February 15, 2011. A lawsuit was filed stating the ordinance was illegal because it was unconstitutionally vague. A temporary injunction was granted by the trial court on March 30, 2011. The City appealed and won. The Plaintiffs' temporary injunction against the City's enforcement of this ordinance was dissolved. The lawsuit was remanded back to the trial judge who suggested that, if the word "primarily" was added to the ordinance to track the Federal Paraphernalia Act, the City's ordinance would be enforceable. In Sec.33 -124 (b) the word "primarily" was added in 3 separate places and a clause repealing ordinance number 028948 and ordinance number 028967 was added in Section 4. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: None 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): General, Police Comments: None RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 5 ORDINANCE AMENDING CHAPTER 33, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING A NEW ARTICLE (IX) TO REGULATE ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA AND BY SPECIFICALLY NEGATING A REQUIREMENT OF A CULPABLE MENTAL STATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police power to enact ordinances to protect the health, safety, and general welfare of its citizens; WHEREAS, the City of Corpus Christi finds that establishing a policy to regulate illegal smoking products and related paraphernalia will provide for a more safe, secure and aesthetic environment for the citizens and the City; WHEREAS, products containing all or some of the above substances are currently being marketed in the City of Corpus Christi under the following commercial names: "K -2," "K -2 SUMMIT," "K -2 SEX," "GENIE," "DASCENTS," "ZOHAI," "SAGE," "SPICE," "KO KNOCK -OUT 2," "SPICE GOLD," "SPICE DIAMOND," "YUCATAN FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA DIVINORUM." WHEREAS, it is anticipated by the council that new products will be marketed under different names which will be subject to this definition if they contain any of the chemical components set forth below. WHEREAS, the City Council has determined that the use of these products is a danger to the public health, safety, and welfare because the adverse side effects from the use of the illegal smoking products hereinafter defined include dizziness, panic attacks, vomiting, tachycardia, elevated blood pressure, pallor, numbness and tingling, tremors, seizures, and death. WHEREAS, the United States Drug Enforcement Administration has temporarily designated the illegal smoking products hereinafter defined as controlled substances. The Council finds, however, that existing law is inadequate to combat the use, possession, sale, ingestion or smoking of illegal smoking products in the City. WHEREAS, the Council finds that, in order to promote the public health, safety and welfare of the citizens of this City, illegal smoking products as defined below should be prohibited in the City of Corpus Christi. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 33, Code of Ordinances, is amended by adding a new article (IX), to read as follows: c: \program files \granicus \legistar5 \packet \946_city council_5_15_ 2012 \0017_2_f94ed979 -842a- 4112 -890c- 01829632b63c. docx Page 2 of 5 "Sec. 33. Offenses and miscellaneous provisions. "Sec. 33 -124. Illegal Smoking Products and Related Paraphernalia Prohibited. "(1) Definitions. For the purposes of this subsection: "a. Illegal smoking product means any substance, however marketed, which can reasonably be converted for smoking purposes, whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparative chemical: "1. Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts, including Salvinorin A; "2. 2 -[(1R, 3S)- 3- hydroxycyclohexyl ] -5 -(2- methyloctan -2 -y1) phenol (also known as CP47, 497) and homologues; "3. (6aS,10aS) -9- (hydroxymethyl) -6, 6- dimethyl -3 (2- methyloctan- 2 -yl)- 6a,7,10, 10a- tetrahydrobenzo [c]chromen- 1- ol)(also known as HU -211 or dexanabinol); "4. 1- pentyl -3 -(1- naphthoyl)indole (also known as JWH -018); "5. 1- butyl -3 -(1- naphthoyl)indole (also known as JWH -073); "6. 1- pentyl -3 -(4- methoxynaphthoyl)indole (also known as JWH -081); "7. 1- [2- (4- morpholinyl )ethyl]- 3- (1- naphthoyl)indole (JWH -200); "8. 5-( 1, 1- dimethylheptyl)- 2-[( 1R, 3S )- 3- hydroxycyclohexanol;CP -47, 497; or "9. 5 -1, 1-dimethyloctyl)-2-[1R,3S-3- hydroxycyclohexyl] - phenol(cannabicyclohexanol; CP -47, 497 C8 homologue). "b. Illegal smoking paraphernalia means any device, equipment, or utensil that is primarily used, intended primarily to be used, or by its design can be primarily used, in ingesting or inhaling illegal smoking materials and may include, but is not limited to: "1. A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; "2. A water pipe, excluding hookahs used only for smoking legal tobacco products; c: \program files \granicus \legistar5 \packet \946_city council_5_15_ 2012 \0017_2_f94ed979 -842a- 4112 -890c- 01829632b63c. docx Page 3 of 5 "3. A carburetion tube or device; "4. A smoking or carburetion mask; "5. A chamber pipe; "6. A carburetor pipe; "7. An electric pipe; "8. An air -driven pipe; "9. A chillum; "10. A bong, or "11. An ice pipe or chiller. "c. Person means an individual, firm, corporation, partnership, organization, association, wholesaler, retailer, any licensed or unlicensed business, or other legal entity. "(2). Offense. "(a). It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, deliver, sell, offer for sale, or transfer any illegal smoking product or illegal smoking paraphernalia. "(b). It shall be unlawful for any person to cause any illegal smoking product to be sold, delivered or transferred to another person. "(c). It shall be unlawful for any person to use or possess illegal smoking paraphernalia with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product. "(d). The culpable mental state required by Chapter 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation is a strict liability offense. SECTION 2. A person violating any term or provision of this article shall be subject to a fine not to exceed $500.00. A person commits a separate offense for each day during which a violation is committed, or for possession of each item described under this ordinance. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. c: \program files \granicus \legistar5 \packet \946_city council_5_15_ 2012 \0017_2_f94ed979 -842a- 4112 -890c- 01829632b63c. docx Page 4 of 5 SECTION 4. Ordinance number 028948 and ordinance number 028967 are expressly repealed by this ordinance. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. c: \program files \granicus \legistar5 \packet \946_city council_5_15_ 2012 \0017_2_f94ed979 -842a- 4112 -890c- 01829632b63c.docx Page 5 of 5 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor c: \program files \granicus \legistar5 \packet \946_city council_5_15_ 2012 \0017_2_f94ed979 -842a- 4112 -890c- 01829632b63c. docx AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826-3729 Foster Crowell, Director of Wastewater Services fosterc@cctexas.com (361) 826 -1801 Execute Construction Contract McBride Lift Station Force Main Replacement AGENDA CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $1,593,083.32 for the McBride Lift Station Force Main Replacement for the Base Bid. PURPOSE: The purpose of this Agenda Item is to execute the construction contract for the McBride Lift Station Force Main Replacement Project. BACKGROUND AND FINDINGS: The proposed project is funded through FY 2011 -2012 Wastewater Capital Budget & Capital Improvement Planning Guide. The contract has bid and City Council approval is required for construction to commence. The project consists of replacing the McBride Lift Station Force Main with approximately 2,500 feet of 18 -inch force main to include horizontal micro tunneling within Texas Department of Transportation (TXDOT) right -of -way. The limits of the force main will begin at the location of the existing lift station and end at approximately Erin Drive. On March 14, 2012, the City received proposals from five (5) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Bridges Specialties, Inc. Sandia, Texas $1,593,083.32 Huff & Mitchell, Inc. Cypress, Texas $1,867,645.00 Gin -Spen, Inc. $1,897,990.50 C \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITY COUNCIL 5 15 2012 001817371 B 1DO -1050- 4969 -966F- 90C94A351F5A.DOCX Kennedale, Texas Project to Date Expenditures (CIP only) Jhabores Construction Company Corpus Christi, Texas $1,918,521.00 McAllen Construction, Inc. McAllen, Texas $2,590,747.50 ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's consultant, Arcadis U. S., Inc., conducted a bid analysis of the five proposals submitted to the City. The lowest bidder based on the Total Base Bid is Bridges Specialties, Inc. of Sandia, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Bridges Specialties, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2011 -2012 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,750,000.00 $1,746,800.00 $3,496,800.00 Encumbered / Expended Amount $469,800.00 $469,800.00 This item $1,593,083.32 $1,593,083.32 BALANCE Fund(s): Wastewater CIP Comments: The project requires 200 calendar days, with anticipated completion approximately January 2013. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. RECOMMENDATION: City staff and Arcadis U. S., Inc. recommend that the construction contract be awarded to Bridges Specialties, Inc. of Sandia, Texas in the amount of $1,593,083.32 for the McBride Lift Station Force Main Replacement for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: C \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITY COUNCIL 5 15 2012 001817371 B 1DO -1050- 4969 -966F- 90C94A351F5A.DOCX Project Budget Location Map C \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \946 CITY COUNCIL 5 15 2012\0018 1817371 B 1DO -1050- 4969 -966F- 90C94A351F5A.DOCX PROJECT BUDGET McBRIDE LIFT STATION FORCE MAIN REPLACEMENT Project No. 7287 May 8, 2012 FUNDS AVAILABLE: Wastewater CIP $2,296,219.69 FUNDS REQUIRED: Construction (Bridges Specialties, Inc.) Base Bid $1,593,083.32 Contingencies (10 %) 159,308.33 Consultant Fees: Consultant Design (Arcadis U. S., Inc.) * 361,626.00 Construction Observation Services ** 55,757.92 Construction Materials Testing (Rock Engineering & Testing Laboratory) 18,911.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 43,809.79 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 55,757.92 Misc. (Printing, Advertising, etc.) 7,965.42 TOTAL $2,296,219.69 SHORT $0.00 * Consultant Design Contract awarded on November 11, 2003 (Motion No. M2003 -400). ** Construction Observation Services is not included in Arcadis U. S., Inc.'s consultant contract; and will be performed in- house. Mproajec councrlexhibi exh7287b. d wg PROJECT LOCATION AARP AGNES MCGLOIN ROAD. PROJECT #7287 LOCATION MAP NOT TO SCALE Mc BRIDE LIFT STATION FORCE MAIN REPLACEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE 1 of 1 MR UMW 4 McBride Lift Station Force Main Replacement Council Presentation May 08, 2012 City of Corps Cfvini WASTEWATER DEPARTMLVT NORTH or rorpui CLnrri WASTE WATER DEPARTMENT LIFT STATION FORCE MAIN IMPROVEMENTS (E09005) McBride Lift Station Force Main Replacement 2 Project Schedule Construction Duration of 200 Calendar Days City of Corps Cfvini WASTEWATER DEPARTMLVT FUNDS AVAILABLE: Wastewater CI P FUNDS REQUIRED: Construction (Bridges Specialties, Inc.) Base Bid Contingencies (10%) Consultant Fees: Consultant Design (Arcadis U. S., Inc.) * Construction Observation Services ** Construction Materials Testing (Rock Engineering & Testing Laboratory) Reimbursements: TOTAL SHORT Project Budget $2,296,219.69 $1,593,083.32 159,308.33 361,626.00 55, 757.92 18,911.00 107, 533.12 $2,296,219.69 * Consultant Design Contract awarded on November 11, 2003 (Motion No. M2003-400). ** Construction Observation Services is not included in Arcadis U. S., Inc.'s consultant contract; and will be performed in-house. $0.00 WASTEWATER DSP.a R TM ENT DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 4/10/2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com, 826 -3729 Jim Davis, Director of General Services jimd @cctexas.com, 826 -1909 Approval of Construction Contract: Ayers Municipal Service Center Fuel Station Renovation for the Base Bid plus Additive Alternate 1 CAPTION: A. Ordinance appropriating $198,096.94 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Ayers Municipal Service Center Fuel Station Renovation, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $198.096.94. B. Motion Authorizing the City Manager, or designee, to execute a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. PURPOSE: To provide funding for the Ayers Municipal Service Center Fuel Station Renovation by appropriating from the Maintenance Services Unreserved Fund Balance and to approve a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. BACKGROUND AND FINDINGS: The base bid for this project includes the replacement of existing gasoline fuel dispensers, new gasoline dispenser sumps, replacement of existing submersible tank pump feeders, replacement of all circuiting and dispenser control conductors for all fuel dispensers, new submersible tank pump controllers, new transition sump, leak detection /monitoring system including fuel tank probes, sump liquid sensors, leak detection panel, and associated conduit, conductors, and associated apparatus. Additive Alternate No. 1 includes of all the necessary labor and materials to install four (4) new diesel dispensers to be installed on existing sumps. On March 14, 2012, the City received proposals from two (2) bidders and their respective bids are as follows: Contractor Base Bid Additive Alternate 1 Base Bid Plus Additive Alternate 1 Total Facility Solutions Group, Inc. Austin, TX $135,000.00 $19,175.00 $154,175.00 Scott Electric Co. Corpus Christi, TX $149,790.00 $20,360.00 $170,150.00 ALTERNATIVES: 1. Award Base Bid plus Additive Alternate 1 to Facility Solutions Group, Inc. as recommended. 2. Award Base Bid only to Facility Solutions Group, Inc. 3. Re -bid the project 4. Do not proceed with the project. OTHER CONSIDERATIONS: These upgrades are required to bring the Ayers Municipal Service Center Fuel Station in compliance with the requirements of the Texas Commission on Environmental Quality (TCEQ) for fueling facilities. CONFORMITY TO CITY POLICY: Conforms to Statutes regarding the bid process. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: General Services FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $198,096.94 0.00 $198,096.94 Encumbered / Expended Amount This item $154,175.00 $154,175.00 BALANCE $43,921.94 $43,921.94 Fund(s): Maintenance Services Fund (5110) Comments: This project will be funded by the Maintenance Services Unreserved Fund Balance. RECOMMENDATION: City Staff recommend the approval of a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. LIST OF SUPPORTING DOCUMENTS: Location Map Project Budget Page 1 of 3 Ordinance appropriating $198,096.94 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Ayers Municipal Service Center Fuel Station Renovation; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $198.096.94. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $198,096.94 from the Maintenance Services Unreserved Fund Balance No. 5110 is appropriated for the Ayers Municipal Service Center Fuel Station Renovation. Section 2. The FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase expenditures by $198,096.94. ATTEST: Armando Chapa City Secretary APPROVED as to form: 06 -Ap -12 t By: Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 042412 ORD App $198,096.94 for Ayers Municipal Srvce CO Fuel Station Renovation Page 2 of 3 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 John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal 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 John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 06- Apr -12 By: Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor 042412 ORD App $198.096.94 for Ayers Municipal Srvce Ctr Fuel Station Renovation Page 3 of 3 042412 ORD App $198.096.94 for Ayers Municipal Srvce Ctr Fuel Station Renovation DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 4/10/2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com, 826 -3729 Jim Davis, Director of General Services jimd @cctexas.com, 826 -1909 Approval of Construction Contract: Ayers Municipal Service Center Fuel Station Renovation for the Base Bid plus Additive Alternate 1 CAPTION: a. Ordinance appropriating $198,096.94 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Ayers Municipal Service Center Fuel Station Renovation, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $198.096.94. b. Motion Authorizing the City Manager, or designee, to execute a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. PURPOSE: To provide funding for the Ayers Municipal Service Center Fuel Station Renovation by appropriating from the Maintenance Services Unreserved Fund Balance and to approve a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. BACKGROUND AND FINDINGS: The base bid for this project includes the replacement of existing gasoline fuel dispensers, new gasoline dispenser sumps, replacement of existing submersible tank pump feeders, replacement of all circuiting and dispenser control conductors for all fuel dispensers, new submersible tank pump controllers, new transition sump, leak detection /monitoring system including fuel tank probes, sump liquid sensors, leak detection panel, and associated conduit, conductors, and associated apparatus. Additive Alternate No. 1 includes of all the necessary labor and materials to install four (4) new diesel dispensers to be installed on existing sumps. On March 14, 2012, the City received proposals from two (2) bidders and their respective bids are as follows: Contractor Base Bid Additive Alternate 1 Base Bid Plus Additive Alternate 1 Total Facility Solutions Group, Inc. Austin, TX $135,000.00 $19,175.00 $154,175.00 Scott Electric Co. Corpus Christi, TX $149,790.00 $20,360.00 $170,150.00 ALTERNATIVES: 1. Award Base Bid plus Additive Alternate 1 to Facility Solutions Group, Inc. as recommended. 2. Award Base Bid only to Facility Solutions Group, Inc. 3. Re -bid the project 4. Do not proceed with the project. OTHER CONSIDERATIONS: These upgrades are required to bring the Ayers Municipal Service Center Fuel Station in compliance with the requirements of the Texas Commission on Environmental Quality (TCEQ) for fueling facilities. CONFORMITY TO CITY POLICY: Conforms to Statutes regarding the bid process. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: General Services FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $198,096.94 0.00 $198,096.94 Encumbered / Expended Amount This item $154,175.00 $154,175.00 BALANCE $43,921.94 $43,921.94 Fund(s): Maintenance Services Fund (5110) Comments: This project will be funded by the Maintenance Services Unreserved Fund Balance. RECOMMENDATION: City Staff recommend the approval of a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. LIST OF SUPPORTING DOCUMENTS: Location Map Project Budget PROJECT BUDGET Ayers Municipal Service Center Fuel Station Renovation Project No. E11096 May 8, 2012 FUNDS AVAILABLE: Maintenance Services Operating Fund $ 198,096.94 FUNDS REQUIRED: Construction: (Facility Solutions Group, Inc.) $ 154,175.00 Contingencies (10 %) $ 15,417.50 Consultant Fees: Consultant - (Stridde, Callins) * $ 15,785.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 4,239.81 Engineering Services (Project Mgt /Const. Mgt /Traffic Mgt) $ 5,396.13 Finance Reimbursements $ 2,312.63 Misc. (Printing, Advertising, etc.) $ 770.88 TOTAL ESTIMATED PROJECT BUDGET BALANCE *Original Contract approved by Administrative Approval October 4, 2011. $ 198,096.94 $ 0.00 \Mproject \council exhibits \exhE11096. dwg LOCATION MAP NOT TO SCALE /\ PROJECT #E11098 VICINITY MAP NOT TO SCALE 1 A YERS MUNICIPLE SERVICE CENTER FUEL STATION RENOVATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 - - -- OW Il■ Ayers Municipal Service Center Fuel Station Renovation Council Presentation May 8, 2012 Project Scope Replacement of Gasoline and Diesel Fuel Dispensers; New Gasoline Dispenser Sumps; Replacement of Submersible Tank Pump Feeders; Replacement of all Circuiting and Dispenser Control Conductors for Dispensers; New Submersible Tank Pump Controllers; and New Transition Sump & Leak Detection/Monitoring System Project Schedule Project Estimate: 60 Calendar Days 2 Months Projected Schedule reflects City Council award on May 8, 2012 with anticipated construction completion in August 2012. FUNDS AVAILABLE: Maintenance Services Operating Fund FUNDS REQUIRED: Construction (Facility Solutions Group, Inc.) Contingencies (10%) Consultant Fees: Consultant (Stridde, Callins) * Reimbursements: TOTAL ESTIMATED PROJECT BUDGET BALANCE •Original Contract approved October 4, 2011 (Administrative Approval), Project Budget $198,096.94 $154,175.00 15,417.50 15,785.00 12,719.44 $198,096.94 $0.00 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 04/19/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovds(c�cctexas.com 361- 886 -2603 Resolution requesting Nueces County to add a Child Safety fee CAPTION: Resolution requesting the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. BACKGROUND AND FINDINGS: The FY 2013 Operating Budget for the School Crossing Guard Program is $288,487. Additional revenues are needed to fund this program; a revenue source available through state law is the Optional County Fee for Child Safety. The County Commissioner's Court may impose by order an additional fee of not less than $0.50 or more than $1.50 for registering the vehicle in the County. The County may deduct for administrative costs an amount of not more than 10% of the revenues. The remainder is apportioned among the cities and unincorporated areas on a population basis. The primary use of these funds is to support school crossing guard programs. If an entity does not have such a program or if revenues exceed the program costs, the funds can be used for other programs to enhance child safety, health or nutrition. In order for the fee to be effective on January 1, 2013 the County must order the collection of the fee and notify the Texas Department of Public Safety by September 10. The total revenue from this fee is estimated to be $345,000. The City's share, after deducting the 10% administrative cost, is $275,000. CCISD passed a resolution of support in favor of the fee on March 26, 2012. West Oso passed a resolution on April 30, 2012. ALTERNATIVES: Not submit the resolution for consideration OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city financial policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: 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 $275,000 $275,000 BALANCE $275,000 $275,000 Fund(s): General, Police Comments: RECOMMENDATION: Approval of the resolution LIST OF SUPPORTING DOCUMENTS: Resolution of support from CCISD Board of Trustees Resolution requesting the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. WHEREAS, the City of Corpus Christi is seeking sufficient funding sources for the school crossing guards on duty near schools in Corpus Christi, Nueces County, Texas; WHEREAS, at least 93% of the vehicles registered in Nueces County are owned by persons residing in Corpus Christi; and WHEREAS, the Texas Legislature has authorized the Nueces County Commissioners Court to add an additional fee of not greater than $1.50 per vehicle for registering a vehicle in Nueces County in order to fund the school crossing guards program; and WHEREAS, the child safety fees collected would solely be used for school crossing guard programs for the benefit, protection, and safety of school children throughout the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City of Corpus Christi requests the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. The child safety fees collected through this Resolution would solely be used for school crossing guard programs for the benefit, protection, and safety of school children throughout the community. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott • I1 0 Child Safety Fee • Section 502.403 of Transportation Code authorizes the Nueces County Commissioners Court to add an additional fee of not greater than $1.50 per vehicle for registering a vehicle in Nueces County in order to fund the school crossing guard program 2 Child Safety Fee • The City Council has passed resolutions requesting Nueces County Commissioners Court to levy an Optional County Fee for Child Safety of $1.50 per vehicle pursuant to the Transportation Code - - July 1997 —request failed Commissioners Court — July 1998 —request failed Commissioners Court — July 2000 —request passed — July 2001 — Voted to stop collecting the fee — Additional attempts made over the past FY's 3 Child Safety Fee • The County may deduct for administrative costs an amount of not more than 10% of the revenues. • The remainder is apportioned among the cities and unincorporated areas on a population basis. 4 Child Safety Fee • The primary use of these funds is to support school crossing guard programs. • If an entity does not have such a program, the funds can be used for other programs to enhance child safety, health or nutrition including child abuse prevention and intervention and drug and alcohol abuse prevention. 5 Child Safety Fee Estimated revenue from the fee is $275,000 • Provide additional funds to add an estimated 28 crossings • Original number of crossings prior to budget reductions = 91; in FY2013 = 28 crossings. 6 Child Safety Fee • Resolutions of support passed by: - Corpus Christi ISD — West Oso ISD 7 Update on School Crossing Guard Program ■ School Crossing Guard Liaison has been working with the school districts on a program that consists of: — Volunteerism — Improved signalization 8 Update on School Crossing Guard Program ■ CCISD has advised principals to contact CCPD to conduct road safety education exercises. ■ Volunteers will sign up at each school and CCISD will run background check. ■ CCPD will train volunteer once cleared by CCISD. ■ School will be in charge of volunteers 9 Update on School Crossing Guard Program ■ To ensure uniformity, CCPD will be the sole training entity. ■ CCPD equipment inventory will be distributed to volunteers as available. ■ Working with other school districts on education and improved signalization 10 DATE: TO: FROM: CAPTION: AGENDA MEMORANDUM for the City Council Meeting of May 22, 2012 5/22/2012 Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Wastewater Lift Station Replacement Pumps RECOMMENDATION: Motion approving the purchase of six (6) Wastewater Lift Station Replacement Pumps from Xylem Water Solutions USA, Inc., Corpus Christi, Texas, in accordance with Bid Invitation No. BI- 0058 -12 based on lowest responsible bid in the amount of $137,505.34. Funds have been budgeted by the Wastewater Department Fund in FY 2011 -2012. BACKGROUND AND FINDINGS: The Wastewater Lift Station Replacement Pumps will be used in wastewater wet well service in various lift stations throughout the City and are designed to handle raw unscreened domestic wastewater. ALTERNATIVES: None CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / 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 $418,296.67 $418,296.67 Encumbered / Expended Amount $61,682.20 $61,682.20 This item $137,505.34 $137,505.34 BALANCE $219,109.13 $219,109.13 Fund(s): Other Equipment Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Sheet 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 CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO DATE: MAY 22, 2012 WASTEWATER LIFT STATION PUMPS BID TABULATION SHEET - BI- 0058 -12 ( *) XYLEM WATER SOLUTIONS USA, INC. PUMPS OF HOUSTON CORPUS CHRISTI, TEXAS PFLUGERVILLE, TEXAS ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE UNIT EXTENDED PRICE PRICE 1 25 HP Submersible Pumps 2 45 HP Submersible Pump 3 35 HP Submersible Pump 4 70 HP Submersible Pump 5 30 HP Submersible Pump TOTAL 2 1 1 1 1 EA EA EA EA EA $17,403.38 28,408.87 23,246.02 35,125.40 15,918.29 $34,806.76 $10,948.00 $28,408.87 15,336.00 $23,246.02 12,395.00 $35,125.40 15,336.00 $15,918.29 21,816.00 $137,505.34 $21,896.00 $15,336.00 $12,395.00 $15,336.00 $21,816.00 ( *) Pumps of Houston, Houston, Texas submitted a bid, however their bid has been deemed as non - responsive due to failure to meet the technical specifications of the pumps. AGENDA MEMORANDUM for the City Council Meeting of May 22, 2012 DATE: May 3, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services Danb(a�cctexas.com (361) 826 -3729 Valerie Gray, P.E., Director of Streets and Storm Water Services Vgray(a�cctexas. com (361) 826 -1875 Motion to execute Construction Contract: Staples Street Phase 1 from Brawner Parkway to Barracuda Place (Bond 2008) CAPTION: A. Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $5,851,969.45 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for the base bid and additive alternate No. 2 (Bond 2008). B. Motion authorizing the City Manager, or designee, to execute a Construction Materials Testing with Tolunay -Wong Engineers, Inc of Corpus Christi, Texas in the amount of $89,400.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place (Bond 2008). C. Motion authorizing the City Manager, or designee, to execute Amendment No. 7 to a Contract for Professional Services with LNV Engineering, Inc of Corpus Christi, Texas in the amount of $98,560.00 for a restated fee of $1,043,795.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for Construction Inspection Services (Bond 2008). PURPOSE: Award a construction contract to include additional improvements and reconstruction of roadway, curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings, street lighting, and utility work to improve public safety and traffic flow in the area. BACKGROUND AND FINDINGS: These proposed improvements include the complete reconstruction of a five -lane roadway including two travel lanes on both sides and continuous left turn lane. Additional improvements will include: curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, street lighting, and utility work. This project is being phased to cause the least amount of disruption to vehicular traffic, businesses and area residents. On February 29, 2012, the City received proposals from four (4) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Alternate No. 1 Alternate No. 2 Reytec Construction Resources, Inc. Houston, Texas $5,691,969.45 $678,847.50 $160,000.00 Bay LTD. Corpus Christi, Texas $5,958,388.45 No Bid $125,000.00 Haas - Anderson Corpus Christi, Texas $6,398,296.05 No Bid $500,000.00 Alternate No. 1: Continuously Reinforced Concrete in lieu of HMAC Alternate No.2: Expedited Schedule from Brawner Parkway to Barracuda Place to build the project in 330 Calendar Days (CD) in lieu of 420 CD. Tolunay -Wong Engineers, Inc. was awarded the original geotechnical investigation work as well as the Phase 2 construction materials testing contract based on their commitment to work towards compliance with the City policy on the use of Geotechnical Engineering firms, specifically the requirement to have a locally residing professional engineer working from the local office. Since that time, Tolunay -Wong has relocated a registered geotechnical engineer from their Houston office to their Corpus Christi office and therefore is now in full compliance with the City policy. ALTERNATIVES: 1. Award project as presented 2. Award the project without the Additive Alternate for Concrete in lieu of HMAC (not recommended) 2. Don't award project (not recommended) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street and Utility Capital Budget. EMERGENCY / NON- EMERGENCY: Not Applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,676,400.00 $7,030,100.00 $200,000.00 $9,906,500.00 Encumbered / Expended Amount 2,676,400.00 0.00 0.00 2,676,400.00 This item 0.00 6, 039, 929.45 0.00 6, 039, 929.45 BALANCE $0.00 990,170.55 $0.00 1,190,170.55 Fund(s): Capital Comments: Not Applicable RECOMMENDATION: The City's consultant LNV Engineering, Inc conducted a life cycle cost analysis using the Federal Highway Administration's Real Cost Program to compare asphalt pavement to concrete pavement. The results showed that over the course of 30 years the present value cost to construct and maintain the road using asphalt is $312,190.00 lower than concrete. Alternate No. 1 has not been recommended because it adds $678,847.50 to the construction contract and would add $312,190.00 as net value over the course of 30 years. The award of Alternate No. 2 to expedite the construction schedule from 420 CD to 330 CD will save 90 Calendar Days for the construction contract from Brawner Parkway to Barracuda Place. The City's consultant, LNV Engineering, Inc conducted a bid analysis of the four proposals submitted to the City. The lowest bidder based on Base Bid and Additive Alternate No. 2 is Reytec Construction Resources, Inc of Houston, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Reytec Construction Resources, Inc has the experience and resources to complete the project. City staff recommends approval of the construction contract for Base Bid with Alternate No. 2 with Reytec Construction Resources, Inc., construction materials testing contract with Tolunay- Wong Engineers, Inc., and construction inspection services contract amendment with LNV Engineering, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Staples Street Phase 1 from Brawner Parkway to Barracuda Place - Bond 2008 Project No. 6468 May 8, 2012 FUNDS AVAILABLE: Street Capital Improvement Budget (Bond 2008) $5,900,000.00 RTA 60,600.00 Storm Water Capital Improvement Budget 3,365,700.00 Wastewater Capital Improvement Budget 310,200.00 Water Capital Improvement Budget 319,600.00 Gas Capital Improvement Budget 11,000.00 TOTAL AVAILABLE. 9,967,100.00 FUNDS REQUIRED: Construction 5,851,969.45 Contingencies 10% 585,196.95 Consultant Fees: Consultant Design (LNV Engineering, Inc.) * 1,043,795.00 Construction Materials Testing (Tolunay -Wong Engineers, Inc.) ** 89,400.00 Geotechnical Investigation (Tolunay -Wong Engineers, Inc.) 22,482.75 Govind Development, LLC 8,700.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 274,095.25 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 348,848.50 Finance Reimbursements 149,506.50 Misc. (Printing, Advertising, etc.) 25,000.00 TOTAL $8,398,994.40 Estimated Project Balance $1,568,105.61 * Consultant Original Contract on May 18, 2010 by Motion No. M2010 -118 Construction Inspection Services will be included in LNV Engineers, Inc. consultant contract as an amendment Item C on agenda. ** New contract with Tolunay -Wong Engineers, Inc. for Construction Materials Testing item on agenda. File : \Mproject \councilexh \6468.dwg PHASE 1 0468 Staples Street from Browner to Barracuda Staples Street - Phase 1 from Brawner to Barracuda (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 Staples Street, Phase 1 Brawner Parkway to Barracuda Place Bond 2008 Council Presentation May 15, 2012 City of Corpus Christi Making Yoga City id 2Groat. Bo 008 Project Scope City of Corpus Christi bur City Creat. Bari 2�Jtr8 Project Schedule Project Estimate: 420 Calendar Days N 14 Months (Base Bid) 330 Calendar Days N 11 Months (Alt. No. 2) Projected Schedule reflects City Council award in May 2012 with anticipated construction completion in July 2013. City of Corpus Christi bur City Creat. Bari 2�Jtr8 FUNDS AVAILABLE: Street Capital Improvement Budget (Bond 2008) RTA Storm Water Capital Improvement Budget Wastewater Capital Improvement Budget Water Capital Improvement Budget Gas Capital Improvement Budget TOTAL AVAILABLE: FUNDS REQUIRED: Construction Contingencies 10% Consultant Fees: Consultant Design (LNV Engineering, Inc.) * Construction Materials Testing (Tolunay-Wong Engineers, Inc.) ** Geotechnical Investigation (Tolunay-Wong Engineers, Inc.) Govind Development, LLC Reimbursements: TOTAL Estimated Project Balance Project Cost $5,900,000.00 60,600.00 3, 365, 700.00 310,200.00 319,600.00 11, 000.00 9,967,100.00 5, 851, 969.45 585,196.95 1, 043, 795.00 89,400.00 22,482.75 8,700.00 797,450.25 $8,398,994.40 $1,568,105.61 * Consultant Original Contract on May 18, 2010 by Motion No. M2010-118 * Construction Inspection Services will be included in LNV Engineers, Inc. consultant contract as an amendment for approval on this agenda. ** New contract with Tolunay-Wong Engineers, Inc. for Construction Materials Testing item for approval on this agenda. City oI Corpus Christi txcitt L Bari 2Oa8 PROJECT BUDGET Staples Street Phase 1 from Brawner Parkway to Barracuda Place - Bond 2008 Project No. 6468 May 8, 2012 FUNDS AVAILABLE: Street Capital Improvement Budget (Bond 2008) $5,900,000.00 RTA 60,600.00 Storm Water Capital Improvement Budget 3,365,700.00 Wastewater Capital Improvement Budget 310,200.00 Water Capital Improvement Budget 319,600.00 Gas Capital Improvement Budget 11,000.00 TOTAL AVAILABLE. 9,967,100.00 FUNDS REQUIRED: Construction 5,851,969.45 Contingencies 10% 585,196.95 Consultant Fees: Consultant Design (LNV Engineering, Inc.) * 1,043,795.00 Construction Materials Testing (Tolunay -Wong Engineers, Inc.) ** 89,400.00 Geotechnical Investigation (Tolunay -Wong Engineers, Inc.) 22,482.75 Govind Development, LLC 8,700.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 274,095.25 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 348,848.50 Finance Reimbursements 149,506.50 Misc. (Printing, Advertising, etc.) 25,000.00 TOTAL $8,398,994.40 Estimated Project Balance $1,568,105.61 * Consultant Original Contract on May 18, 2010 by Motion No. M2010 -118 Construction Inspection Services will be included in LNV Engineers, Inc. consultant contract as an amendment Item C on agenda. ** New contract with Tolunay -Wong Engineers, Inc. for Construction Materials Testing item on agenda. File : \Mproject \councilexh \6468.dwg PHASE 1 0468 Staples Street from Browner to Barracuda Staples Street - Phase 1 from Brawner to Barracuda (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation (-CITY"), acting through its duly authorized City Manager or designee ("City Eng|nee/l. and To|uno4munq Engineers, Inc., a Texas corporation or partnership (LAB), acting through Is duly aulhorized representative who is John Januarv, Branch Manaqer, which agree as fotiows t DECLARATIONS: "CITY~ desires to engage "LAB'' to provide services in connection with City's project, described as foliows Staples Street Phase 1 from Brawner Parkway to Barracuda Place (Bond 2008) 1Proiect No. 6468) ("PROJECT") 2 SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A^ and the Terms and Conditions to AGREEMENT attached as "Exhibit C". 3. PEE, The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A', Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $89.400.00 (Eighty-Nine 4 INDEMNIFICATION AND HOLD HARMLESS: 'LAB" agrees to indemnify, save harmtess and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "8". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the besi of the City's knowledge, based upon c rrently available information, the only hazardous or toxic materials, as defined by the laws and regulations of jhe F ral government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI Oscar R, Mar1nez (Date) Assistant City Manager APPROVED AS TO FORM 7//-�� �7L Qanie|8Ueo. P.E. |n���Qi�c�/o{Engi��ehnD /\.|0mi �/ / '~%- /- ' �� ~|/. -1 "� egal Dapanmen c of ATTEST Management and Budge Armando Chapa, City Secretary (Date) Staples Street Phase 1 from Bravvner Parkway to Barracuda Place (Bond 2008) (Project No 6468) Encumbrance No. 0601.4 gT-��� Y-WONG ENGINEERS, INC. 2/~/2— (Date) 8-7 Corpus Christi, TX 78408 (361) 884-5050 Office (361) 884-5052 Fax 2/L CONTRACT MANAGERS Fund Source Number Amount 9,400 00 I) 5233 IH 37. Suite B -7 * Corpus Christi, TX 784 8 * Phone 361- 884 -5050 * Fax 361- 884 -5052 Tolunay -Wong Engineers, Inc. MATERIAL TESTING COST ESTIMATE PROPOSAL February 27, 2012 Proposal No: P12-0053 City of Corpus Christi Department of Engineering Services 1201 Leopard St., Suite 300 Corpus Christi, Texas 78401 Attention: Mr. Dan Biles, P.E. Interim Director Engineering Services Reference: Cost Estimate for Staples Street Phase 1 Brawner Parkway to Barracuda Place (Bond 2008) Project No. 6468 We are pleased to submit this proposal for performing construction materials testing during the construction for the above referenced project. This proposal outlines our understanding of the project, proposed scope of work and project fees. SCOPE OF WORK It is our understanding that construction materials testing and inspection services will include the following services: • Sampling of soil materials and testing for atterberg limits and moisture /density properties • Compaction testing of soil backfill, subgrade, fill, base, HMAC • Groundwater sampling • Proof -roll and compaction tests of subgrade • HMAC laboratory testing • Concrete monitoring & testing • Test report preparation and submittal • Related laboratory testing and sample pick -up services EXHIBIT "A" Page 1 of 4 IEXHIBIT "A" I Page 2 of 4 FEES As you requested, we have provided a cost estimate for this project. Estimated total cost for all items anticipated were based on the standard TWE fee schedule submitted for projects with the City of Corpus Christi. Any additional services not shown on this proposal will be billed in accordance with the standard fee schedule. Sincerely, T 0 LUN -WONG ENGINEERS, INC. TB o. F -124 Jo Jan Br ch ager Enclosure: Cost Estimate Proposal JJ /ab: CONSTRUCTION MATERIALS TESTING COST ESTIMATE PROPOSAL Cost Estimate for Staples Street Phase 1 Brawner Parkway to Barracuda Place (Bond 2008) Project No. 6468 Description of Services Soils Soils Technician Moisture/Density Relations, ASTM D 698 Atterberg Limits Compressive Strength Stabilized Sand Vehicle Charge Concrete Testing Mix Design Review Concrete Technician Cylinder Tests Sample Pick -up Vehicle Charge Project Management Project Engineer Asphalt Testing Asphalt Technician Extraction/Gradation Specific Gravity Stability Bulk Density Molding Specimens Thickness Cores Vehicle Charge uanti Unit Fee Unit Amount 800 38.00 hr 9 140.00 ea 9 42.00 ea 44 48.00 ea 75 38.00 day Subtotal $30,400.00 1,260.00 378.00 2,112.00 2,850.00 $37,000.00 2 115.00 ea $230.00 300 38.00 hr 11,400.00 120 13.00 ea 1,560.00 75 32.00 hr 2,400.00 80 38.00 day 3,040.00 Subtotal 518,630.00 50 82.00 hr Subtotal $4,100.00 $4,100.00 Ouantit_y Unit Fee Unit Amount 200 38.00 hr $7,600.00 10 120.00 ea 1,200.00 10 40.00 ea 400.00 10 40.00 ea 400.00 10 20.00 ea 200.00 10 40.00 ea 400.00 10 105.00 ea 1,050.00 50 38.00 day 1,900.00 Subtotal $13,150.00 IEXHIBIT "A" Page 3 of 4 I Bast Testing Soil Technician 200 38.00 hr $7,600.00 Sieve Analysis 10 60.00 ea 600.00 Moisture/Density Relations, ASTM D 1557 10 140.00 ea 1,400.00 Atterberg Limits 10 42.00 ea 420.00 Wet Ball Testing 5 150.00 ea 750.00 Triaxial Testing 5 150.00 ea 750.00 Subtotal 511,520.00 Groundwater Testing Base Line Testing 3 1,000.00 ea $3,000.00 Additional Testing (if needed) 2 1,000.00 ea 2,000.00 Subtotal $5,000.00 Total 589,400.00 EXHIBIT "A" Page 4 of 4 Exhibit B Mandatory Requirements (Revised August, 2008) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and 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 by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 1 of 1 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB ", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision general - direction - of a licensed professional engineer and in substantial-- accordancecompliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable„ Brand -other standards designated in writing by the "CITY ENGINEER. " - 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER ", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB ". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. IEXHIBIT "C" I Page 1 of 3 • 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB ", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY ". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for IEXHIBIT "C" Page 2 of 3 I compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. IEXHIBIT "C" Page 3 of 3 I NNW City of Corpus Christi SUPPLfER NUMBER TO BE ASSIGNED BY CI i Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Tolunay -Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: 5233 ITI 37, Suite B -7 FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78408 2. Partnership 5. Other B 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A IEXHIBIT "D" I Page 1 of 2 0 IEXHIBIT "D" Page 2 of 2 1 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the of Corpus Christi, Texas as changes occur. Certifying Person: John Janu . ry Title: Branch Manager (Type or Print) g Pfill Signature of Certifyin Person: Date: 3_ ?(....1 Z DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. AGENDA MEMORANDUM for the City Council Meeting of May 22, 2012 DATE: May 3, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services Danb(a�cctexas.com (361) 826 -3729 Valerie Gray, P.E., Director of Streets and Storm Water Services Vgray(a�cctexas. com (361) 826 -1875 Motion to execute Construction Contract: Staples Street Phase 1 from Brawner Parkway to Barracuda Place (Bond 2008) CAPTION: A. Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $5,851,969.45 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for the base bid and additive alternate No. 2 (Bond 2008). B. Motion authorizing the City Manager, or designee, to execute a Construction Materials Testing with Tolunay -Wong Engineers, Inc of Corpus Christi, Texas in the amount of $89,400.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place (Bond 2008). C. Motion authorizing the City Manager, or designee, to execute Amendment No. 7 to a Contract for Professional Services with LNV Engineering, Inc of Corpus Christi, Texas in the amount of $98,560.00 for a restated fee of $1,043,795.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for Construction Inspection Services (Bond 2008). PURPOSE: Award a construction contract to include additional improvements and reconstruction of roadway, curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings, street lighting, and utility work to improve public safety and traffic flow in the area. BACKGROUND AND FINDINGS: These proposed improvements include the complete reconstruction of a five -lane roadway including two travel lanes on both sides and continuous left turn lane. Additional improvements will include: curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, street lighting, and utility work. This project is being phased to cause the least amount of disruption to vehicular traffic, businesses and area residents. On February 29, 2012, the City received proposals from four (4) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Alternate No. 1 Alternate No. 2 Reytec Construction Resources, Inc. Houston, Texas $5,691,969.45 $678,847.50 $160,000.00 Bay LTD. Corpus Christi, Texas $5,958,388.45 No Bid $125,000.00 Haas - Anderson Corpus Christi, Texas $6,398,296.05 No Bid $500,000.00 Alternate No. 1: Continuously Reinforced Concrete in lieu of HMAC Alternate No.2: Expedited Schedule from Brawner Parkway to Barracuda Place to build the project in 330 Calendar Days (CD) in lieu of 420 CD. Tolunay -Wong Engineers, Inc. was awarded the original geotechnical investigation work as well as the Phase 2 construction materials testing contract based on their commitment to work towards compliance with the City policy on the use of Geotechnical Engineering firms, specifically the requirement to have a locally residing professional engineer working from the local office. Since that time, Tolunay -Wong has relocated a registered geotechnical engineer from their Houston office to their Corpus Christi office and therefore is now in full compliance with the City policy. ALTERNATIVES: 1. Award project as presented 2. Award the project without the Additive Alternate for Concrete in lieu of HMAC (not recommended) 2. Don't award project (not recommended) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street and Utility Capital Budget. EMERGENCY / NON- EMERGENCY: Not Applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,676,400.00 $7,030,100.00 $200,000.00 $9,906,500.00 Encumbered / Expended Amount 2,676,400.00 0.00 0.00 2,676,400.00 This item 0.00 6, 039, 929.45 0.00 6, 039, 929.45 BALANCE $0.00 990,170.55 $0.00 1,190,170.55 Fund(s): Capital Comments: Not Applicable RECOMMENDATION: The City's consultant LNV Engineering, Inc conducted a life cycle cost analysis using the Federal Highway Administration's Real Cost Program to compare asphalt pavement to concrete pavement. The results showed that over the course of 30 years the present value cost to construct and maintain the road using asphalt is $312,190.00 lower than concrete. Alternate No. 1 has not been recommended because it adds $678,847.50 to the construction contract and would add $312,190.00 as net value over the course of 30 years. The award of Alternate No. 2 to expedite the construction schedule from 420 CD to 330 CD will save 90 Calendar Days for the construction contract from Brawner Parkway to Barracuda Place. The City's consultant, LNV Engineering, Inc conducted a bid analysis of the four proposals submitted to the City. The lowest bidder based on Base Bid and Additive Alternate No. 2 is Reytec Construction Resources, Inc of Houston, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Reytec Construction Resources, Inc has the experience and resources to complete the project. City staff recommends approval of the construction contract for Base Bid with Alternate No. 2 with Reytec Construction Resources, Inc., construction materials testing contract with Tolunay- Wong Engineers, Inc., and construction inspection services contract amendment with LNV Engineering, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Staples Street Phase 1 from Brawner Parkway to Barracuda Place - Bond 2008 Project No. 6468 May 8, 2012 FUNDS AVAILABLE: Street Capital Improvement Budget (Bond 2008) $5,900,000.00 RTA 60,600.00 Storm Water Capital Improvement Budget 3,365,700.00 Wastewater Capital Improvement Budget 310,200.00 Water Capital Improvement Budget 319,600.00 Gas Capital Improvement Budget 11,000.00 TOTAL AVAILABLE. 9,967,100.00 FUNDS REQUIRED: Construction 5,851,969.45 Contingencies 10% 585,196.95 Consultant Fees: Consultant Design (LNV Engineering, Inc.) * 1,043,795.00 Construction Materials Testing (Tolunay -Wong Engineers, Inc.) ** 89,400.00 Geotechnical Investigation (Tolunay -Wong Engineers, Inc.) 22,482.75 Govind Development, LLC 8,700.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 274,095.25 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 348,848.50 Finance Reimbursements 149,506.50 Misc. (Printing, Advertising, etc.) 25,000.00 TOTAL $8,398,994.40 Estimated Project Balance $1,568,105.61 * Consultant Original Contract on May 18, 2010 by Motion No. M2010 -118 Construction Inspection Services will be included in LNV Engineers, Inc. consultant contract as an amendment Item C on agenda. ** New contract with Tolunay -Wong Engineers, Inc. for Construction Materials Testing item on agenda. File : \Mproject \councilexh \6468.dwg PHASE 1 0468 Staples Street from Browner to Barracuda Staples Street - Phase 1 from Brawner to Barracuda (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 CITY OF CORPUS CHRISTI AMENDMENT NO. 7 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City ", and LNV Engineering, Inc hereinafter called "Engineer ", agree to the following amendments to the Contract for Engineering Services for Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda (Protect No. 6468) Phase 2 from Barracuda to Gollihar (Proiect No. 6469), as authorized and administratively amended by: Original Contract May 18, 2010 Motion No. M2010 -118 $1,892,273.00 Amendment No. 1 November 5, 2010 Administrative Approval $44,700.00 Amendment No. 2 December 4, 2010 Administrative Approval $32,400.00 Amendment No. 3 March 8, 2011 Motion No. M2011 -063 $94,754.00 Amendment No. 4 September 20, 2011 Administrative Approval $25,176.00 Amendment No. 5 December 6, 2011 Administrative Approval $29,500.00 Amendment No. 6 January 17, 2012 Motion No. M2012 -011 $758,964.00 Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda (Project No. 6468) and Phase 2 from Barracuda to Gollihar (Project No. 6469) is amended as follows: ADDITIONAL SERVICES Construction Observation Services 1. Provide a project representative (PR) to provide periodic construction inspection for the Staples Phase 1 — Brawner Parkway to Barracuda project. This is based on providing a PR for half time (20 hours/week) for the duration of the project (14 months). A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the NE shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with NE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with NE and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences, monthly construction meetings and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: KIENGINEERING DATAEXCHANGSROBERTQI$TREETtPROJECTNO.6468- 8469STAPLESSTREETPHASEIFROMBRAVYNERTOBARRACUDAANDPHASE2FROMBARRACUDATOGOLLIHARILNV ENGINEERING, LARGE AE AGREEMENT AMENDMENT NO. 7VIMENDMENT NO. 7.DOC AMEND. NO. 7 Page 1 of 3 A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents, Specifications & Construction Drawings. B. PR shall communicate with CITY with the knowledge of and under the direction of NE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and NE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. AMEND. NO. 7 Page 2 of 3 KIENGINEERING DATAEXCHANGEIROBERTOiSTREETIPROJECTNO.6468- 6469S TAPLESSTREETPHASEiFROMBRAiMNERTOBARRACUDAANDPHASE2FROMBARRACUDATOGOLLIHARLLNV ENGINEERING. LARGE AE AGREEMENT AMENDMENT NO. ?AMENDMENT NO. 7.DOC 9. Completion. A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. TIME OF PERFORMANCE All work in this Amendment No, 7 will be completed within the 14 months allotted for the Contractor to complete the project. It is anticipated that the Construction will begin in May 2012 and be completed in July 2013. CITY OF CORPUS CHRISTI 6741 (Date) Oscar R. Martinez, Assistant City Manager APPROVED AS TO FORM 110 Daniel Biles, P. E. Interlm Director o (Date) Engin ring Services Offic of Management and Budge ATTEST Armando Chapa, City Secretary Project No. 6468 LNV EN Da S. Preski nt 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office (361) 883-1986 Fax ecker, P ENTERED MAR 2 2012 CONTRACT MANAGERS Project 11:6468 1� unding: 550950-35-18-00001)- P() tit E0468ALN (Date) 077 AMENDMENT NO. 7 Prolect Title Fund So rce Number Amount 6469 Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda Staples Street (BOND ISSUE 2008) Phase 2 from Barracuda to Gollihar 550950-4826-00000-170077 $98,560 00 550950-4526-00000-170081 $0.00 Total Encumbrance Number: E6468ALN (Project No. 6468); E6469ALN (Project No. 6469) $98,560.00 AMEND. NO. 7 Page_3 of 3 KM1ENGINEERING DATAEXCHANGEROBERTMSTREETTROJECTN0,6456- 6469STAPLESSTREETPHASE1FROMBRANNERTOBARRACUDAANDPHASE2FROMEARRACUDATOGOLLIHARUIV ENGINEERING, LARGE AE AGREEMENT AMENDMENT NO. AAMENDMENT NO 7 .00C `WV Solutions Today with a engineers 1 architects 1 contractors Vision for Tomorrow March 13, 2012 Mr. Dan Biles, P.E. Interim Director of Engineering Services City of Corpus Christi P.O.. Box 9277 Corpus Christi, Texas 78469 -9277 Re: Amendment to Professional Services Contract Staples Street (Bond Issue 2008) Phase 1 — Brawner Parkway to Barracuda Place (No. 6468) Phase 2 — Barracuda Place to Gollihar Road (No. 6469) Amendment No. 7 — Construction Observation Services Phase 1- Brawner Parkway to Barracuda Dear Mr. Biles: Please allow this letter to serve as our formal request to amend our Contract to include Additional Services as detailed in the attachments for the above referenced project. The fee for the Additional Services of Construction Observation associated with this amendment is $98,560 for a total revised contract amount of $2,976,327.00. This amendment consists of Additional Services to our Staples Street Phase 1 contract. This amendment consist of providing a Project Representative (PR) for the 14 months of the construction project at twenty (20) hours per week. If you have any questions, please feel free to give me a call. Sincerely, LNV TBPE Firm No .E -366 / 12 r .e Dan S. Leyend r, P.E. President U: \Corpus Christi \100078 - Staples St1AE Contract \03 -13 -12 Amend No. 7 Letter 100078.O0.doc 801 NAVIGATION 1 SUITE 300 1 CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.INVINC.COM CITY OF CORPUS CHRISTI AMENDMENT NO. 7 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City ", and LNV. Engineering hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda (Project No. 6468) Phase 2 from Barracuda to Gollihar (Project No. 6469), as authorized and administratively amended by: Original Contract May 18, 2010 Motion No. M2010 -118 Amendment No. 1 November 5, 2010 Amendment No. 2 December 4, 2010 Administrative Approval Administrative Approval $1,892,273.00 Amendment No. 3 March 8, 2011 Motion No. M2011 -063 Amendment No. 4 September 20, 2011 Administrative Approval Amendment No. 5 December 6, 2011 Amendment No. 6 January 17, 2012 Administrative Approval Motion No. M2012 -011 $44,700.00 $32,400.00 $94,754.00 $25,176.00 $29, 500.00 $758,964.00 Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda (Project No. 6468) and Phase 2 from Barracuda to Gollihar (Project No. 6469) are amended as follows: ADDITIONAL SERVICES Construction Observation Services 1 Provide a project representative (PR) to provide periodic construction inspection for the Staples Phase 1 — Brawner Parkway to Barracuda project. This is based on providing a PR for half time (20 hours /week) for the duration of the project (14 months). A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences, monthly construction meetings and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents, Specifications & Construction Drawings. AMEND. NO. 7 EXHIBIT "A" Page 2 of 6 B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and NE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. AMEND. NO. 7 EXHIBIT "A" Pa•e3 of 5 '9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. TIME OF PERFORMANCE All work in this Amendment No. 7 will be completed within the 14 months allotted for the Contractor to complete the project. It is anticipated that the Construction will begin in May 2012 and be completed in July 2013. Project No. Project Title Fund Source Number Amount AMENDMENT NO. 7 6468 Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda Encumbrance Number: $98, 560 Total: $98,560 AMEND. NO. 7 EXHIBIT "A" Page 4 of 5 ltIc Services --_ 1 PmLmuu?Y Detign Phar Deragn Phase 31310 310 Phase 4Ccnstmnan Phase - Subtotal Baste Services Fdditianaf Services 1iP0mrd Prep. SUMMARY OF FEES 6 L... .___ _ ____ ORIGINAL CONTRACT P. AM. .2 -AMD. NO.3 °AMD. . AMD. NO. 5 ' N04 `AMD. NO. Combined Tat; Phaso 1 and Phaso 2 w -- -- AMD- NO. 1 I°N0._I AMD. Street i Storm WOOL Mkt / Watt4water� Waf- �.. nt '- Saect 2 Street f Wilts.'. i - _., . !pest (Phase TI -[Phare 1 6 u (Phaso 2) 1 (P sn 21 1 jPhaxo 1) (Phase I& ?,j 5185 714 CO . 5102,692.704_ 512,447601 59335.701 $311;190.00;* 1 $ S _.. . I 534853280 . _•._.��._... - -51918930_4. 523,23552 517426.641 �- -'-- smilax*, S 32,088.00D � S 318.671 40 510.26927 - 31,244 76- 5933 571 531,110.00'5 - - •--'- 560664.601 533,37653. - '- 15 ---1__.�_--_ , S4 Q�56a: 53,034.231 5101141.00! S 12,6l4000I S 5614,602.801 5338,031.54. S40.973 52! 530.730 141 S7 024,332!.00 $ 44,700.03) ; $ - - ---_.. --- 640.00 TCEO•TPDES 50 00; SO �I 50,00: 517.00000i S 50.00 53,000,0° SldNataf Permit .... 30 00' 53,030.001 5 _SO OOt 2I21Rrght of Way Aerauistilnn TBD 1- 520.001.5 RopograW8yA oui .__...__•_ TBD, TBDTODTBD: S •$72,297.50_ 5302_3350 ,.. 41Constructi0n Observation "••- __ 514,458:SOj 571,459 50 S13t,45TODi $ TBD TBD; TBD;s ,_.. 5.'l aOanfy Phase 55,18000..-..... ..-..- 7601 TBD 61Publit:Mocunga -�_-�� '---- '.. 53240001 - - 5132000 52 29 612,900 00 56,100.03 ' _ 53 300.00 55,700 -...--- 312 OOD OD� S ? ISarniary Sewer lnvesugalion f0 00.... 50.00!"--- - -.. 930000 o°' 5• BiSubsurlace Uteey Exploration ' _ .. 50.00 5234.500.00 _ 5234 500001 S EOM 549;995 001 549,995.001.. 649595 00 3149,985 001 S - 9 Fmnth so May Cooed Wotan 510,000 COSt0 000 00'510.003.0o. - .._ .._ t 510.000001 10ilNf•Sdo Drainage • - - • --' . ' 1 510,0so OD 540000 W, S . ... 50.00 5260.000. 001 50001 ... S 00 5250, - __ ... 104'Braemar Channel Improvements S ' ' - • - • : S -. v - -_... , 5 S• 5 t0a.1'Bas1e Services � L � �- -- - "' S .. •r ' 10a 1.1'Design Phase - f - 1 S fS --. ... .. _.,f 5 .5 1041.2I&d Plume s Is 10a.1.3:C0nsuuttran Phase --- S _IS 10a.2jAdditional Servitas - '--- -.. __.._.. .._ _. 108.2,1(Permd Preparasan_ 100 2 2 RipM or Way Ittenuh:a500 10a 2.3'Tapograptee Swvoy S _ 105 2 4 Cons/turban 0SserviYon -- 5 _.._ _ . _• 5 $ S • '5 10a 2.5 Warranty Phase !00.2.8 ------ -- `--- ' .1PUbbx Meetings 5 -_. 9 _ _ S a.2.71So 1 S 10 nitory •Saver lnvesegalwn 10&281SUbsuAacc Uusty Exptarabon 10a 2.9!Fraaehlse Uelay Coordinauo9 ' S 10a2.101LandstopylgDestgn ..-._- , S 1Da211,I44eed.Bike Desgn _ _ _ .__ 11`CCTV Existing Drainage System Subtotal Additional Services -1 s .__ •s :S - 5 S 5 • 5 • S $ `$ iS S _ _ ..__ S 5 - - - '5 r5 S - 15 1 !S '5 IS IS 5 s $ 'S 5 -- S 5 - 1S •.- 5 $ '3 :5 5 - S 94,754 000 ; 5 5 s s s s 5 • 1S 1.5.992.000 I S 29,500000 •- - �3 .S ,5 .5 15,992000 5 • -29.500000 $ .._/ 5 S _ S 5 7.776 000 , 5 5 1.408 anti s _ S - ;5.. • -_ I S l5 S • :s •5 S 5 • .5 5 S _ 5 S S 198,154 000 7,928.003 58.389003 • S S 3 5 21,158 000 45,000-003 _ 52,641 000 158,523.009 6.605003 • 5 24,500003 S 46.000000 $ 82,000000 $ 15.886.000 •5 30,030 000 5 32.000.000 5• • 5 758,994 000 .S 5 s S s. S S 5 --- '- S ..• 'S 1S S S - .,.5 5 .S 15__ 5117,357.501 53_54588,50 S 579,074.53. 5315934501 5667,935_oo; SS 32,4000001 S _ S • 15 : -• I S 84.754.000 (S 9.184 003 i 5 3731.980 30, 2892,60004 5120,04802• 5347.664464 31,692,273,00: $44,700.001 532,400.00, 594,754.001 525,176.001 329,500.00 'Telae Authorized Fes _ 1 • s ,5. 1 AMD. NO.7 _ - Sheol base 1 S S 5 S S S S _s sso.990 $ s S 5 3 $ $ 5 5 S S S _ 5 _S 5 S 5 5 • S,_-98,580Aaa. REVISED TOTAL sal 1..loo.00 5659,46600 531.i1900 5113,755 CO $1.1.14.530 00 517,000 00 53,000 00 520,000 00 S000 3131,450.00 -_ 5183.374.00 512.00000 530.003.00 5234,50000 3157,761.00 - - 541.406.0° 5250,00000 50(A S000 3198,154.00 S7,926 00 356,389.00 50 00 321.158.00 545.000.00 352_841.00 5158.523 00 58.605 00 524.500.00 546,030 00 562.00000 515,858 00 530.000 00 532.030 00 50 00 532,408 00 •51,861,797.00 5756,964.00 $98,560.00 52,976,327.00 SUMMARY OF FEES Staples Street, Phase 1 - Brawner to Barracuda (Project No. 6468) 11 ORIGINAL CONTRACT Basic Services Street 1 Preliminary Design Phase 2 Design Phase Storm Water Water Wastewater Total $87,274.80 3 Bid Phase 4 Construction Phase Subtotal Basic Services 11 162,912.96 8,727.48 28,364.76 $48,001.14 89,602.13 4,800.11 15,600.62 $5,818.32 10,860.86 581.83 $4,363.74 8,145.65 436.37 287,280.00 158,004.00 1,890.98 1,418.24 $145,458.00 271,521.66 19,152.00 14, 364.00 Additional Services 1 f Permit Prep TDLR 14,545.80 47,274.60 478,800.05 TCEQ -TPDES USAGE S 8,500.00 0.00 0.00 0.00 0.00 0.00 1,500.00 0.00 0.00 0.00 0.00 0.00 8,500.05 1,500.05 0.00 AMEND. NO. 7 EXHIBIT "B" Page 1 of 6 10,000.00 2 Right of Way Acquistition 0.00 0.00 0.00 0.00 0.00 3 Topographic Survey Y 34,243.00 14,319.80 6,848.60 6,848.60 0.00 62,260.00 98,560.00 6,000.00 4 Construction Observation 0.00 0.00 0.00 5 Warranty Phase 2,580.00 1,620.00 660.00 1,140.00 6 Public Meetings 6,450.00 4,050.00 1,650.00 2,850.00 15,000.00 7 Sanitary Sewer Investigation 0.00 0.00 0.00 146,500.00 146,500.05 8 Subsurface Utility Exploration 0.00 27,225.00 27,225.00 27,225.00 81 9 Franchise Utility Coordination 5,000.00 5,000.00 5,000.00 5,000.00 ,675.00 20,000.00 125,000.00 10 Off-Site Drainage 0.00 125,000.00 0.00 0.00 11 CCTV Existing Drainage Syst 0.00 0.00 0.00 0.00 0.00 12 Landscaping Design 0.00 0.00 0.00 0.00 0.00 13 Hike and Bike Design 0.00 0.00 0.00 0.00 0.00 Subtotal Additional Services 56,773.00 178,714.80 41,383.60 189,563.60 564,995.05 I Total Authorized Fee 344,053.00 336,718.80 60,535.60 203,927.60 1,043,795.00 II _ ORIGINAL CONTRACT Staples Street, Phase 2 - Barracuda to Gollihar (Project No. 6469) 1 [ Street Storm Water Water Wastewater Total Basic Services _ 1 Preliminary Design Phase 99,439.20 54,691.56 6,629.28 4,971.96 165.732.00 2 Design Phase 185,619,84 102,090.91 12,374.66 9,280.99 497.20 309,366.45 16,573.20 53,866.40 3 Bid Phase 9,943.92 5,469.16 662.93 4 Construction Phase 32,319.84 17,775.91 2,154.66 1,615.99 Subtotal Basic Services 327,322.80 180,027.54 21,821.52 16,366.14 545,538.00 I Additional Services 1 Permit Prep TDLR 8,500.00 0.00 0.00 0.00 8,500.00 TCEQ -TPDES 0.00 1,500.00 0.00 0.00 1,500.00 0.00 USACE 0.00 0.00 0.00 0.00 Subtotal Permit Prep 10,000.00 2 Right of Way Acquistition 0.00 0.00 0.00 0.00 0.00 3 Topographic Survey 38,054.50 15,913.70 7,610.90 7,610.90 69,190.00 0.00, 4 Construction Observation 0.00 ' 0.00 0.00 0.00 5 Warranty Phase 2,580.00 1,620.00 660.00 1,140.00 6,000.00 6 Public Meetings 6,450.00 4,050.00 1,650.00 2,850.00 15,000.00 7 Sanitary Sewer Investigation 0.00 0.00 0.00 88,000.00 22,770.00 88,000.00 68,310.00 20,000.00 125,000.00 8 Subsurface Utility Exploration 0.00 22,770.00 22,770.00 9 Franchise Utility Coordination 5,000.00 5,000.00 5,000.00 5,000.00 10 Off -Site Drainage 0.00 125,000.00 0.00 0.00 11 CCTV Existing Drainage Syst 0.00 0.00 0.00 0.00 0.00 12 Landscaping Design 0.00 0.00 0.00 0.00 0.00 13 Hike and Bike Design 0.00 0.00 0.00 0.00 0.00 Subtotal Additional Services 60,584.50 175,853.70 37,690.90 127,370.90 401,500.00 11 Total Authorized Fee 387,907.30 355,881.24 59,512.42 143,737.04 947,038.00 11 AMEND. NO. 7 EXHIBIT "B" Page 1 of 6 SUMMARY OF FEES 1 1 ORIGINAL CONTRACT Combined Total 1 Street Storm Water Water Wastewater Total Basic Services 1 Preliminary Design Phase 186,714.00 102,692.70 12,447.60 9,335.70 311,190.00 2 Design Phase 348,532.80 191,693.04 23,235.52 17,426.64 580888.00 31,119.00 101,141.00 1,024,338.00 3 Bid Phase 18,671.40 10,269.27 1,244.76 933.57 4 Construction Phase 60,684.60 33,376.53 338,031.54 4,045.64 40,973.52 3,034.23 30,730.14 Subtotal Basic Services 614,602.80 1 Addit onal Services 1 Permit Prep TDLR 17,000.00 0.00 0.00 0.00 17,000.00 3,000.00 TCEQ -TPDES 0.00 3,000.00 0.00 0.00 USACE 0.00 0.00 0.00 0.00 0.00 Subtotal Permit Prep 20,000.00 2 Right of Way Acquistition 0.00 0.00 0.00 0.00 3 Topographic Survey 72,297.50 30,233.50 14,459.50 14,459.50 0.00 131,450.00 98,560.00 4 Construction Observation 0.00 0.00 0.00 5 Warranty Phase 5,160.00 12,900.00 3,240.00 8,100.00 1,320.00 3,300.00 2,280.00 5,700.00 12,000.00 30,000.00 6 Public Meetings 7 Sanitary Sewer Investigation 0.00 0.00 0.00 234,500.00 234,500.00 8 Subsurface Utility Exploration 0.00 49,995.00 49,995.00 49,995.00 149,985.00 40,000.00 250,000.00 9 Franchise Utility Coordination 10,000.00 10,000.00 10,000.00 10,000.00 0.00 10 Off-Site Drainage 0.00 250,000.00 0.00 11 CCTV Existing Drainage Syst 0.00 0.00 0.00 0.00 12 Landscaping Design 0.00 0.00 0.00 0.00 0.00 0.00 13 Hike and Bike Design 0.00 0.00 0.00 0.00 Subtotal Additional Services 117,357.50 354,568.50 79,074.50 316,934.50 966,495.00 1 Total Authorized Fee $731,960.30 $692,600.04 $120,048.02 $347,664.64 $1,990,833.00 05/18/10 Motion No. M2010 -11 a AMEND. NO. 7 EXHIBIT "B" Page 2 of 6 Staples Street, Phase 1 - Brawner to Barracuda (Project No. 6468) I1 Basic Services 1 AMD. NO. 1 JUIVIIVIMIS 1 ur rttb AMD. NO. 2 AMD. NO. 3 AMD. NO. 4 Street AMD. NO. 5 AMD. NO.6 AMD. NO. 7 Storm Water Street Preliminary Design Phase 2 J Design Phase 3 I Bid Phase $0 Street Water Storm Water_ Street 00 0.00 $0.00 $0 00 0.00 4 (Construction Phase Subtotal Basic Services II 0.00 0.00 0. 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Addit onal Services 1 Permit Prep ITDLR 0.00 0.00 0.00 0.00 $0.00 29,500.00 0.00 0.00 29,500.00 $0.00 $0.00 158, 523.20 0.00 6,340.80 0.00 46, 711.20 0.00 211,575.20 0.00 TCEQ -TPDES USACE 0.00 0.00 0.00 0.00 0.00 (Subtotal Permit Prep 2 Right of Way Acquistition 3 Topographic Survey 4 Construction Observation 5 Warranty Phase 6 Public Meetings 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7 Sanitary Sewer Investigation 8 Subsurface Utility Exploration 9 Franchise Utility Coordination 10 Off-Site Drainage 11 CCTV Existing Drainage Syst 12 Landscaping Design 13 Hike and Bike Design Subtotal Additional Services II 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16,200.00 0.00 Total Authorized Fee II 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,102.40 4,567.20 8,256.80 0.00 0.00 16,926.40 0.00 0.00 36,000.00 0.00 42,272.80 0.00 126,818.40 98,560.00 5,284.00 0.00 19,600.00 0.00 36,800.00 0.00 49,600.00 0.00 12,694.40 0.00 0.00 0.00 0.00 0.00 24,000.00 0.00 25,600.00 0.00 395,596.00 98,560.00 16,200.00 0.00 Staples Street, Phase 2 Barracuda to Gollihar (Project No. 6469) AMD. NO. 1 0.00 29,500.00 607,171.20 98,560.00 AMD. NO. 2 AMD. NO. 3 AMD. NO.4 Basic Services Street AMD. NO. 5 AMD. NO. 6 AMD. NO. 7 Storm Water Street 1 Preliminary Design Phase 2 Design Phase 3 Bid Phase 0.00 32,086.00 4 Construction Phase Subtotal Basic Services j 0.00 12,614.00 44,700.00 Street $0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,992.00 0.00 0.00 0.00 0.00 Addit onal Services 1 Permit Prep TDLR 0.00 0.00 15,992.00 Water 0.00 0.00 0.00 0.00 0.00 Storm Water Street 0.00 0.00 39,630.80 0.00 1,585.20 0.00 11,677.80 0.00 52,893.80 0.00 TCEQ -TPDES 2 3 4 5 6 7 8 9 10 11 12 13 USACE Subtotal Permit Prep Right of Way Acquistition Topographic Survey Construction Observation Warranty Phase Public Meetings Sanitary Sewer Investigation Subsurface Utility Exploration Franchise Utility Coordination Off -Site Drainage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 94,754.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CCTV Existing Drainage Syst Landscaping Design Hike and Bike Design 0.00 0.00 0.00 0.00 16,200.00 Subtotal Additional Services 0.00 0.00 0.00 0.00 16,200.00 Total Authorized Fee 0.00 0.00 0.00 0.00 0.00 0.00 94,754.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,776 00 1,408.00 0.00 0.00 0.00 0.00 9,184.00 44, 700.00 16,200.00 94,754.00 25,176.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,025.60 0.00 1,141.80 0.00 2, 06 0.00 4,231.60 0.00 9,000.00 0.00 10,568.20 0.00 31,704.60 0.00 1 32L 0.00 4_900 00 0.00 9,200.00 0.00 12,400.00 0.00 3,173.60 0.00 0.00 0.00 0.00 0.00 6,000.00 0.00 6,400.00 0.00 98,899.00 0.00 0.00 151, 792.80 0.00 AMEND. NO. 7 EXHIBIT "B" Page 3 of 6 v.n.nr,n,. "r rcea Admin Approv Admin Approv M2011 -063 09/20/11 Admin Approv AMD. NO. 5 Water 0.00 29 500.00 0.00 0.00 29,500.00 AMD. NO.6 AMD. NO. 7 Storm Water Street 0.00 0.00 198 154.00 0.00 7 926.00 0.00 58 389.00 0.00 264,469.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $29.500.00 12/06/11 Admin Approv 5 128.00 0.00 5,709.00 0.00 10 321.00 0.00 21 158.00 0.00 45 000.00 52,841.00 158ti 6,605.00 24,500.00 46,000.00 62,000.00 15,868.00 0.00 0.00 30,000.00 32,000.00 494,495.00 $758,964.00 01/17/12 M2012- 0.00 98, 560.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 98,560.00 $98,560.00 AMEND. NO. 7 EXHIBIT "B" Page 4 of 6 AMD. NO. 1 AMD. NO. 2 AMD. NO. 3 AMD. NO. 4 Combined Total I Street Storm Water Street Street Basic Seances 1 Preliminary Design Phase 0.00 0.00 0.00 0.00 2 Design Phase 32,086.00 0.00 0.00 15 992.00 3 Bid Phase 0.00 0.00 0.00 0.00 4 Construction Phase 12,614.00 0.00 0.00 0.00 Subtotal Basic Services 44,700.00 0.00 0.00 15,992.00 Additional Services 1 Permit Prep TDLR 0.00 0.00 0.00 0.00 TCEO -TPDES 0.00 0.00 0.00 0.00 USACE 0.00 0.00 0.00 0.00 Subtotal Permit Prep 0.00 0.00 0.00 0.00 2 Right of Way Acquistition 0.00 0.00 0.00 0.00 3 4 Topographic Survey Construction Observation 0.00 0.00 0.00 0.00 0.00 0.00 94,754.00 0.00 5 Warranty Phase 0.00 0.00 0.00 0.00 6 Public Meetings 0.00 0.00 0.00 7 Sanitary Sewer Investigation 0.00 0.00 0.00 0.00 8 Subsurface Utility Exploration 0.00 0.00 0.00 0.00 9 Franchise Utility Coordination 0.00 0.00 0.00 7,776.00 10 Off-Site Drainage 0.00 0.00 0.00 1,408.00 11 CCTV Existing Drainage Syst 0.00 32,400.00 0.00 0.00 0.00 12 Landscaping Design 0.00 0.00 0.00 13 Hike and Bike Design 0.00 0.00 0.00 0.00 Subtotal Additional Services 0.00 32,400.00 94,754.00 0.00 I 9,184.00 Total Authorized Fee $44,700.00 $32,400.00 $94,754.00 11 mail( , ,,,..,'^ - -.__.. - $25,176.00 Admin Approv Admin Approv M2011 -063 09/20/11 Admin Approv AMD. NO. 5 Water 0.00 29 500.00 0.00 0.00 29,500.00 AMD. NO.6 AMD. NO. 7 Storm Water Street 0.00 0.00 198 154.00 0.00 7 926.00 0.00 58 389.00 0.00 264,469.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $29.500.00 12/06/11 Admin Approv 5 128.00 0.00 5,709.00 0.00 10 321.00 0.00 21 158.00 0.00 45 000.00 52,841.00 158ti 6,605.00 24,500.00 46,000.00 62,000.00 15,868.00 0.00 0.00 30,000.00 32,000.00 494,495.00 $758,964.00 01/17/12 M2012- 0.00 98, 560.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 98,560.00 $98,560.00 AMEND. NO. 7 EXHIBIT "B" Page 4 of 6 ........... .. v, • LLJ 1 1 TOTAL Staples Street, Phase 1 • Brawner to Barracuda (Project No. 6468) 1 Street Storm Water Water Wastewater Total Basic Services 1 Preliminary Design Phase $87,274.80 $48,001.14 $5,818.32 $4,363.74 $145,458.00 2 Design Phase 162,912.96 248,125.33 40,360.86 8,145.65 459 3 Bid Phase 8727.48 11,140.91 581.83 436.37 544.80 4 Construction Phase 28,364.76 62,311.82 1,890.98 1,418.24 20,886.60 93 Subtotal Basic Services 287,280.00 369,579.20 48,652.00 14,364.00 985.80 719,875.20 I Additional 1 Services Permit Prep TDLR 8,500.00 4,102.40 0.00 0.00 TCEQ -TPDES 0.00 6,067.20 0.00 0.00 12,602.40 6 USACE 0.00 8,256.80 0.00 0.00 067.20 8 Subtotal Permit Prep 256.80 2 Right of Way Acquistition 0.00 36,000.00 0.00 0.00 36 3 Topographic Survey 34,243.00 56,592.60 6,848.60 6,848.60 000.00 104 4 Construction Observation 0.00 126,818.40 0.00 0.00 532.8o 5 Warranty Phase 2,580.00 6,904.00 660.00 1,140.00 225 378.40 11 6 Public Meetings 6,450.00 23,650.00 1,650.00 2,850.00 284.00 34 7 Sanitary Sewer Investigation 0.00 36,800.00 0.00 146,500.00 600.00 183 300.00 8 Subsurface Utility Exploration 0.00 76,825.00 27,225.00 27,225.00 131 275.00 9 Franchise Utility Coordination 5,000.00 17,694.40 5.000.00 5,000.00 32 694.40 10 Off -Site Drainage 0.00 125,000.00 0.00 0.00 125 000.00 11 CCTV Existing Drainage Syst 0.00 16,200.00 0.00 0.00 16 200.00 12 Landscaping Design 0.00 24,000.00 0.00 0.00 24 000.00 13 Hike and Bike Desgn 0.00 25,600.00 0.00 0.00 25 600.00 Subtotal Additional Services 56,773.00 590,510.80 41,383.60 189,563.60 976,791.00 I Total Authorized Fee 344,053.00 960,090.00 90,035.60 203,927.60 1,696,666.20 TOTAL Staples Street, Phase 2 - Barracuda to Gollihar (Project No. 6469) Street Storm Water Water Wastewater Total Basic Services _ 1 Preliminary Design Phase 99,439.20 54,691.56 6,629.28 4,971.96 165,732.00 2 Design Phase 233,697.84 141,721.71 12,374.66 9,280.99 397 075.20 3 Bid Phase 9,943.92 7,054.36 662.93 497.20 18,158.40 4 Construction Phase 44,933.84 29,453.71 2,154.66 1,615.99 78 158.20 Subtotal Basic Services 388,014.80 232,921.34 21,821.52 16,366.14 659,123.80 I Addit onal Services 1 Permit Prep TDLR 8,500.00 1,025.60 0.00 0.00 9,525.60 TCEQ -TPDES 0.00 2,641.80 0.00 0.00 2,641.80 USACE 0.00 2,064.20 0.00 0.00 2,064.20 Subtotal Permit Prep 2 Right of Way Acquistition 0.00 9,000.00 0.00 0.00 9,000.00 3 Topographic Survey 38,054.50 26,481.90 7,610.90 7,610.90 79,758.20 4 Construction Observation 94,754.00 31,704.60 0.00 0.00 126,458.60 5 Warranty Phase 2,580.00 2,941.00 660.00 1,140.00 7,321.00 6 Public Meetings 6,450.00 8,950.00 1,650.00 2,850.00 19,900.00 7 Sanitary Sewer Investigation 0.00 9,200.00 0.00 88,000.00 97,200.00 8 Subsurface Utility Exploration 7,776.00 35,170.00 22,770.00 22 770.00 88,486.00 9 Franchise Utility Coordination 6,408.00 8,173.60 5,000.00 5,000.00 24,581.60 125,000.00 16,200.00 6,000.00 10 Off-Site Drainage 0.00 125,000.00 0.00 0.00 11 CCTV Existing Drainage Syst 0.00 16,200.00 0.00 0.00 12 Landscaping Design 0.00 6,000.00 0.00 0.00 13 Hike and Bike Design 0.00 6,400.00 0.00 0.00 6,400.00 620,537.00 Subtotal Additional Services 164,522.50 290,952.70 37,690.90 127,370.90 IL Total Authorized Fee 552,537.30 523,874.04 59,512.42 143.737.04 1,279.660.80 it AMEND. NO. 7 EXHIBIT "B" Page 5 of 6 .wrrnnnn r ur rcto Combined Total TOTAL Basic Services Street Storm Water Water 1 Preliminary Design Phase 2 Design Phase 3 Bid Phase Wastewater 186,714.00 396,610.80 4 Construction Phase Subtotal Basic Services 1 18,671.40 102,692.70 389,847.04 18.195.27 12,447.60 52,735.52 73,298.60 675,294.80 91,765.53 1,244.76 4,045.64 Total 9,335.70 17,426.64 602,500.54 70,473.52 Additional Services Permit Prep 2 3 4 5 6 8 9 10 11 12 TDLR 933.57 3,034.23 30,730.14 311,190.00 856 620.00 39 045.00 172 144.00 1,378,999.00 TCEQ -TPDES USACE 17,000.00 0.00 5,128.00 8,709.00 0.00 0.00 Subtotal Permit Prep 0.00 17,000.00 10,321.00 0.00 Right of Way Acquistition Topographic Survey 24,158.00 0.00 0.00 Construction Observation Warranty Phase Public Meetings 72,297.50 94,754.00 5,160.00 12, 900.00 45,000.00 83,074.50 158,523.00 9,845.00 0.00 14,459.50 0.00 1,320.00 0.00 0.00 0.00 0.00 0.00 14,459.50 Sanitary Sewer Investigation 0.00 32,600.00 3,300.00 Subsurface Utility Exploration Franchise Utility Coordination Off -Site Drainage 7,776.00 46,000.00 0.00 11,408.00 111,995.00 49,995.00 0.00 2,280.00 5,700.00 234,500.00 25,868.00 CCTV Existing Drainage Syst Landscaping Design 13 Hike and Bike Design 30,000.00 0.00 Subtotal Additional Services 0.00 250,000.00 10,000.00 0.00 49,995.00 10,000.00 0.00 0.00 32,400.00 0.00 0.00 221,295.50 32,000.00 0.00 881,463.50 79,074.50 Total Authorized Fee 0.00 0.00 0.00 0.00 316,934.50 22,128.00 8,709.00 10 321.00 41,158.00 45 000.00 184 291.00 351 837.00 18,605.00 54 500.00 280, 500.00 219 761.00 57 276.00 250 000.00 32 400.00 30,000.00 32,000.00 1,597,328.00 $896,590.30 $1,483,964.04 $149,548.02 $347,664.64 $2,976,327.00 AMEND. NO. 7 EXHIBIT "B" Page 6 of 6 City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV Engineering P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: I. Corporation 4. Association 2. Partnership 5. Other B 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each employee" of the City of Corpus Christi having an "ownership /o interest" constituting 3% more of the ownership in the above named "firm' Name Job Title and City Department (if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee Dan S. Levendecker Marina Advisory Board 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will con fer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the natter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION i certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested: and that supplemental statetnents will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, P. E. Title: President Signature of Certifying Person: DEFINITIONS Date: /X a. "Board member." A member of any board, commission. or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi. Texas either on a full or part -time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain. whether professional. industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council. City tvlanager. Depute City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi. Texas. f. '`Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust. estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM for the City Council Meeting of May 22, 2012 DATE: TO: FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb(c�cctexas.com; 826 -3729 May 11,2012 Ronald L. Olson, City Manager Approval of Resolution to dedicate remaining Bond 2008 Streets proceeds to fund priority projects CAPTION: Resolution Supporting the Use and Commitment of Necessary Funding of any Remaining Bond 2008 Street Proceeds to fund additional projects requested by the City Council. PURPOSE: To fund council approved projects with any savings remaining from the Bond 2008 Street proceeds BACKGROUND AND FINDINGS: On March 27, 2012, the City Council was presented with options for the use of remaining bond proceeds from the 2008 Bond Street issue. Estimated savings to date is approximately $13,000,000. These funds cannot be used on non -Bond 2008 projects until Bond 2008 construction is substantially complete. Remaining Bond 2008 projects are expected to be substantially complete late 2012 or early 2013. Council directed city staff to investigate the following additional projects in priority order as follows: 1. Park Road 22 Bridge 2. Rodd Field/Yorktown Intersection 3. Yorktown Extension from Cimarron to Rodd Field Subject to the availability of remaining Bond 2008 funds, and upon determination that the Bond 2008 Street program is substantially complete, this resolution will enable City staff to execute these projects in priority order. No project will go to construction if insufficient Bond 2008 Street funds are available. ALTERNATIVES: 1. Do not fund projects with Bond 2008 Streets reserves as recommended; using remaining Bond 2008 proceeds to partially retire the Bond 2008 debt. 2. Fund other street projects rather than the ones listed. OTHER CONSIDERATIONS: Future construction of the priority projects previously listed will require Bond Council notification and City Council approval. CONFORMITY TO CITY POLICY: This item conforms to City Policies regarding excess bond proceeds. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Engineering Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ 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): Bond 2008 Streets Comments: RECOMMENDATION: Approval of Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Project Map Resolution \Mproject\ councilexhibits \exh— no— number.d wg E PROJECT SITE YORKTOWN EXTENSION FROM C /MARRON TO ROOD FIELD ROAD PROJECT SITE INTERSECTION AT YORKTOWN AND RODDF /ELD ROAD LOCATION MAP NOT TO SCALE LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution supporting the use and commitment of necessary funding of any Remaining Bond 2008 — Street Proceeds to fund additional projects requested by the City Council. WHEREAS, there may be funds remaining from the Bond 2008 Street Proceeds after the authorized street projects have been completed; WHEREAS, City Council requests the necessary funding of any remaining Bond 2008 — Street Proceeds be used to provide the necessary funding for additional projects requested by Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council supports the use and commitment of necessary funding of any Remaining Bond 2008 — Street Proceeds to fund the following additional street projects numbered in order of priority: (1) Park Road 22 Bridge Project; (2) Airline Intersection at Yorktown and Rodd Field Road; and (3) Yorktown Road Extension from Cimarron to Rodd Field Road. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 042412 reso supporting use & commitment of necessary funding remaining bond 2008 — street proceeds v.2 — vo approval Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 042412 reso supporting use & commitment of necessary funding remaining bond 2008 — street proceeds v.2 — vo approval REVISED AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: TO: FROM: 4/26/2012 Ronald L. Olson, City Manager Mark Van Vleck, Interim Director of Development Services MarkVV@cctexas.com (361) 826 -3246 Grid Main Extension Construction and Reimbursement Agreement with Commercial Metals Company, developer of CMC Subdivision Lot 4A CAPTION: Motion approving the Grid Main Extension Construction and Reimbursement Agreement submitted by Commercial Metals Company, owner and developer of CMC Subdivision Lot 4A, located north of Hwy. 44 (Agnes St.) on Bronco Road for the extension of an 8 -inch and 12 inch Grid Main line, including all related appurtenances. Ordinance appropriating $415,070.00 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Commercial Metals Company, for the extension of a 12 -inch grid main line, including all related appurtenances for development of CMC Subdivision Lot 4A, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement. BACKGROUND AND FINDINGS: Commercial Metals Company, Inc. is requesting a Grid Main Extension Construction and Reimbursement Agreement for the platting and development of CMC Subdivision Lot 4A, as shown on the final plat (Exhibit 1). The subdivision is located north of Hwy. 44 (Agnes St.) on Bronco Road. The proposed improvements will provide adequate water to the proposed Industrial development. A layout of existing and proposed improvements is included as Exhibit 3. The developer has submitted a Construction Cost Estimate (Exhibit 4) and supporting documentation in compliance with provisions of the Unified Development Code, Section 8.5.2. A total of 3,600 -feet of the proposed 8 -inch water line and a total of 7,300 -feet of the proposed 12 -inch water line are off -site and eligible for reimbursement. The total installation cost of off -site improvements submitted by the developer for the 8 -inch and 12 -inch water Line is $492,850.00. The water line will be part of the Grid Main and thus 100% reimbursable. The 8 -inch water line is eligible for a maximum reimbursement of an off -site extension to 50% of the total cost. Therefore, the maximum reimbursable amount will be $415,070.00. A detailed breakdown of the Engineer's cost estimate is included as Exhibit 4. A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the collection main construction and reimbursement agreement is approved by the City Council. REVISED ALTERNATIVES: Denial of the Grid Main Extension Construction and Reimbursement Agreement OTHER CONSIDERATIONS: Not applicable FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 867,727.55 867,727.55 Encumbered / Expended Amount 19,433.18 19,433.18 This item 415,070.00 415,070.00 BALANCE 433, 224.37 433, 224.37 Fund(s): Comments: A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the collection main construction and reimbursement agreement is approved by the City Council. CONFORMITY TO CITY POLICY: The owner and developer will be extending off -site water to serve the proposed development and has requested reimbursement of qualified construction costs, as provide in the Unified Development Code. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance RECOMMENDATION: Staff recommends approval of the motion and appropriation of funds as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Final Plat Application for Grid Main Reimbursement Plans and Specifications Engineer's Cost Estimate Grid Main Extension Construction and Reimbursement Agreement REVISED 82,5 SHEPPARD LOT 3 HSVOL A P FARLOIS 1889 ACRES OF LOT 9 L18 89 ACRES ORC x10.89 ACR[5 20' OVERHEAD ELECTRIC EA ENT N 201212" E 1214 L ECG N 6912'32' f 7.50' PONT Of BEMNNIIP rir 20' P.M DRAIN GYYENI MAINTAINED BY PROPERTY DINER I II III r/15' RATER MUNI I II it I II II I_ II LO1 10. assn ArREs ASSESS. 1.1AP 192 5 1 ACRES OBI OF HIGHWAY 99 OLP OF TRACT 10 OF SURVEY 315 DONE FOR GC. No 5.F RAILRAOD COMPANY ✓• S 003330'1 '200121 R = 6398]' L = 11880' 7.5' RIGHT -O -RAY OEOAIION sB 18 RATER EASEMENTP M BY THIS PMI PRIVATELY MINED RAL LNE 7.8 RIGHT -OF -WAY --____I. ..._ DEDICATION 00 201x20' 25.60' CL = 131E8 1=MSA" 1e=19572 ON=SRM 0..C. X41.0 SURVEY 315 5ACRES 25' PRIVATE ORAN EAff)ENI 5 BRIM' X YAINIAIDED BY PROPERTY TRIER 750' 201104" N 73Bw' M 1B 29.78 ACRES It d==1194.17. -5 9415'30" L GL=11604' F.001 LIT E- 0 OR1.89' OgXAS Mfxl ©H RR - - TEXAS -MEXICAN RAILROAD R..A. LINE DORIES ROAD 10 PUBLIC 11(114 EA30YfI\ BY S 801550' W I 10YARD REO NI 7.20 b AXR LEGEND These alende12 22420e2 s'I te IwM in the dowing. • FOUND YCNINEN1 AS NOTED 0 SET 5/8 MBAR II/CAP PS 61917 D C0IPUIED POSITION 7- PROJECT AREA CPNI Al 7 LOT 40 DESCRIPTOR. BENG A TRACT 9TN1ED IN CORPUS CHRIST, NECES COUNTY, TEXAS DESCRIED AS A PARI OF LOM 1 AIL 9 Of HB. SHEPPARD FARM LOTS AS SHOWN ON THE MP THEREOF RECORDED IN VOLUME "A', AT PACE 51 OF THE LAP RECORDS OF NLECES COINIY, TEXAS, ANT A PARI O THE G.C. t S.F. RAILROAD COVPANY 90RREY NA 315 BENG ALSO A PTR. OF THAT 111.6 ACRE TRACT DESCRIBED N TBE TRUSTEES DEED DATED AUGUST 26, 1998 RECORDED UNDER CLERKS ILE NA 1992039120, OFFICIAL PUBLIC RECORDS OF NECES COUNTY, TEXAS AND BEING GME PARTICULARLY DESCRIBED BY NETS AND BOUNDS AS FOLMAR COMMENCING Al A 5/8" RESER SEI FOR ME NORIHEAI CORNER OF LOT 1. TE SCM EAST CORDER OF LD1 O. SAD PONT LYNG N THE REST RIGHI-OF-NAY LNE OF BRONCO ROAD, THENCE SOUTH 8912'10 REST 7.50 FEET TO THE PONT OF BEGANNG THENCE SOUTH COY135" EAST 1017.01 FEET 10 A 5/8' REBATE SET ON THE NST RIGHT -OF -NAY OF BRONCO ROAR TEND SOUTH 89'11.8' NST ACROSS LOT 4, 73809 FEET TOA SEI 5/8" REFILL THENCE SONIH ILUOUO' NSI. 25.80 FEET TOA SET 5/8' REBAM: THENCE 9R. 02220 0 O Y ALONG A CURVE 10 THE RDI HAVING A RAD0S OF 511.0EL FE ANGLE THROUGH A CENTRAL 19]OF )19', A LENGTH 115.48 FEEL AHAVNG A CHORD AITCH BEARS 01 1 21.16'45" 1E21, 131.68 RET TO A YT 5/8" REBATE TIERCE SOUTH 495709' NST, 5]R. FEET TOA SET 5/8' ROHR; THENCE SWTNESTELLY ALONG A CURVE 10 TE RIGHT HAVING A RADIUS OF 1539.91 FEET, 1HRQUGH A CENTRAL ANGLE OF 1007'36", A LENGTH OF 116.80 RR, 0 HAYING A 0110 60. MARS SOUTH 5151'10' 1E21, 118.61 20110 A SET 5/9 MBAR ON ME SOLIDI UDE OF THE G . 0.00 S.F. RAILROAD COMPANY SURREY N0. 315 AND ME NORTH RIGHT -OF -1101 OF THE TEXAS MEXICAN RAILROAD, DOME SONG 8"15111' NST ALONG SAID SOUTH LNE AND NORM RIGHT -OF -NAY, 20459 FEET TOA SET 5/8" REBATE THENCE NORM 20.1186" NEST, NAM FEET M ME SONMRE51 GORIER OF SAID L01 THENCE 0013'19' 'WEST ALONG THE REST LIE OF SAID LOT 1, M22.15 FEET TO ME NORTHWEST CORNER OF SAID LOT 4 AND THE .THWEST CORNER OF YID LOT R TENCE NORTH 8912'32' EAST ALONG ME NORTH LINE O YO LOT 1 ANS ME SOUTH LITE OF SAID LOT 9, 1271.52 FEET 10 TBE POINT OF BEOIONNG CINTANNG 3511 ACRES MORE CR LESS OFNIRAI 300421OR'5 NOM 1. MS SURVEY REPRESENTS MORE CERTAIN PARCELS OF LAND A5 ACQUIRED BY COMMERCIAL 2010LS COMPANY, BY GENERAL WARRANTY CMS DATED APRIL 26, 2011; ON FILE NIM I ECES COUNTY, TEXAS RECORDED AS DOCMENI MITERS 2011014220 t 2011011201. 2. THE FMLONNG 0OQUBENT5 LMNPS/PLATS) LERE USED IN If CONSTRUCTOR OF MS BOUNDARY MYER A. M PLAT OF SURVEY OF H.B. EPPA20 FARM LOTS RECORDED IN V.1.111E 'A' Al PAGE 51 OF TE 1 RECORDS OF NUECES COUNTY. TEXAS R THE SURVEY BY BASS AND WE. ENGINEERING ONTO AUGUST 30, 2001. 1 M6 RELO SURREY RAS PERFORMED N NOVEMBER OF 20101 4. M6 SURVEYOR HAS M90E NO INVESTIGATION OFR IDLfPENCENT SEARCH FOR EASEMENTS OF RECORD OFR ANY OTHER FACE 1111CH AN ACCURATE ADL CANRENT TRE SEAMM MAY O5MOff S MITES FOR THIS SURVEY ARE BASED ON VISIBLE ABOVE MAO STRUCTURES AML THE 6140MELON/ENT CLE PLANS FOR RECYMNG BY BNF ENGINEERING INC IL nu VERIFY S PRIOR 10 CONSTRUCTION 8. ME STORM WATER DRAINAGE FOR THIS AREA FLOWS 1O ME EAST N10 THE 130.0 0170/10171 CHANEL AN11O TE SOUTH NM TE AMIE UPPER REACH CINNIEL MEN INTO M0 DSD CREEL BASH. 7. THIS SURVEYOR HAS NOT BEEN MADE AWARE OF AI ENDANGERED/PRD1C10 SPECKS HABITAT ON DR NEAR THE SUBJECT PATEL.. 8. ME SUBJECT PROPERTY ODES NOT APPEAR M BE A PART OF ANY LRENCIIONAL RETARD. 9. NO PARI OF THE SHIRT PROPERTY OR RUNNING PROPERTIES ARE SUBMERGED LANDS 10. TBE 91BIECT PROPERTY IS ZONED L. LIGHT INDUSTRIAL NMA SPECIAL PERNT SP 11-01 YARD LENT, AS DEPICTER ISA 001IRE2fNT OF LOC HOED DEVELOPMENT CODE AND IS 91152110 040000 CHANGE AS TE ZONNG REQUIREMENTS CHANGE. - EXHIBIT 1 0CINITY MAP STATE O TEXAS COUNTY OF HAUS WE, COMMERCIAL METALS CONPANY, HEREBY CERTIFY THAT RE ARE TE DINERS OF LOT 1A, EMBRACED NMN ME THE 13.05 OF THE FOREGOING MAP; THAT ME HAVE HAD SAID LAN) .VPIED AS SINIIN ;TNT SIMMS AS SHOW! ARE DEDICATED M ME PUBLIC FOREVER THAT ALL EASEMENTS ARE DEDICATED 1O THE PIKE FOR TE INSTALLATION OPERATION AND USE OF THE PUBLIC UTUIES THAT MS YAP WAS X90[ FOR TBE PURPOSES OF DESORPTION AIL DEONIIDN. MS TBE SAY CF 2010 DON P SCH106. LARGE 3001E PROJECT MM. CMYfRCIAL YfIALR COMPANY STATE OF TEXAS COUNTY Of NIECES BEFORE ME, ME UNDE65XNE0 AUTHORITY, ON THIS DAY PERSONALLY APPEARED DON P SCHWAB, KNMN To ME To BE THE PERSON RINSE NAPE IS SUBSCRIBED 10 THE FOREGOING RENA. OF NTTNG AND AQNO9fDGE0 M NE THAT .1° EXECUTED THE SAYE POR THE PURPOSES ANL CONSOERAIION THEREIN EXPRESSED AND N TE CAPACITY THEREIN STATED. GIVEN UN1R NY HAIL AIL SEAL OF ORO, THIS ME _pm O 2011. NOTARY PROMO IN ANO FOR TIMES 0311.. TEXAS STATE OF TEXAS COUNTY OF HAUS THS 'NAL PLAT OF ME HEREIN DESCRIBED PROPERTY WAS APPROVED BY TIM PEANNNG 10 2IS1ON O 5 CITY O CORPUS CIPo514 TEXAS PRONGED 200MEYER.(6) MS APPROVAL SHALL BE INVALID AIL NULL UNLESS MS PLAT BE nun NTH TE COUNTY RIPEN 9X 16) MONTHS HEREAFTER. DATED THIS THE SAY OF 2X). CHNNIAN LI.GP. SECRETARY STATE OF TEXAS CORM OF NIECES THIS nHLL PLAT O TE HEREN DESCRHO PROPERTY APPROVED BY ME IMPART/ENT OF DEVELOPMENT SERVICES OF ME CITY O CORPUS CHRIST, TEXAS 1X15 THE _MY O 2010 DEVELOPMENT SERVICES ENGINEER SINE OF TEXAS COO. OF NIECES 4 THE 22(0452025, CUM OF TE COUNTY COURT, N ADL FOR DLQES COUNTY, TEXAS. HEREBY CERTIFY THAT ME FOREGMNG INSTRUMENT 01,125 THIS TE SAY OF 2011 NTH ITS CERTIFICATE OF AUTEN.XA.IDN. WAS Fn.fOR RECORD IN MY _RAY RAY OF 2011 Al _ 0.11) J AND MY RECORDED 020 N DOCUMENT NA _______ NOLWE------PAY�NR.N.G1) COONS( CLERK DEPUTY M ME COUNTY CLERK STATE OF TEXAS CONT. O NIECES 4 •LANES N. MONTGONERY, A REGISTERED PROFESSORIAL SURREYOR OF B t F ENGINEERING INC, HEREBY CERTIFY MAT THE FOREGOING PLAT RAS PREPARED RCM SURVEYS LADE ON TE GRIMM 11.0 NY DIRECTOR AND 61225 AND CORRECT: THAT B t F ENDFEERN . INC. HIS BEEN 111DER CONTR02710 SET ALL CORNERS AS SHOWN AND 10 COMPLETE SUCH OPERATORS NM21 GEIAY. THIS ME --__DAY OF 2011 JAMES 0 MONTGOMERY REGISTERED P001003101 LAND SURVEYOR 5.. 1877 BY DATE REVISIONS SCALE IN FEET NATE: SCALE SHOWN ON MIS DRAWING 15 FOR 24" • 36" PLOTS. TEXAS N0AR0 OF PROFESSIONAL ENGINEERS DIG EERNG FRM NA 1997 Can NTr 1 BY DATE Design D10A0 Checked As Built Mon Surrey F16Bk.Nw B&F ENGINEERING, INC. 928 AIRPORT ROAD, HDT SPRINGS, ARKANSAS 71913 IPM) 501-767-2520 GAM 501-787-Bn5R (EMAIL) 'I22Enlen6adn KNO 9/11 TAW 11/10 233D FINAL PLAT CNC RECYCLING BEING 57.89 ACRES OUT OF LOIS 4 AND 9 OF H.B. SHEPARD FARM LOTS AS RECORDED IN VOLUME A, PAGE 51 AND 5.89 ACRES 001T DE GC. 00 5i. SURVEY NG 315 CNC RECYCLING CORPUS CHRISTI TEXAS DRAWING NUMBER NO: 7-2'38-1101 505 ACRD NO. 025 9/9/11 SCALE: 1" - 100' DATE: SEPTEMBER, 2011 APPLICATION FOR GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT I,t\j of Commercial Metals Company developer of proposed Commercial Metals Company Subdivision Lot 4A Subdivision, herby request reimbursement of $415,070.00 for the improvements to the grid main waterline in conjunction with Commercial Metals Company Subdivision Lot 4A subdivision, as provided for by City Ordinance No. . Said $415,070.00 is the construction cost, including Engineering, in excess of the lot/acreage fee, as shown by the cost- suppoi ling documents- attached herewith. .7),/f0-5j2,./L, I)d chwab, Project Manager Commercial Metals Company THE STATE OF TEXAS )( COUNTY OF NUECES )( Y/R./ZoR (Date) JUANITA DIAZ Notary Public STATE OF TEXAS My Comm. Elm. 11.234015 ,� ��(�,� This instrument was acknowledged before me on �" _ Z by { �C ') \ CN1\..LOx.._ , on behalf of the said company. CERTIFICATION 20 /21- Notary Pub1i'" . ; or a. State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Distribution Main Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer (Date) EXHIBIT 2 PLANS FOR COMMERCIAL METALS COM SHREDDER ADDITION SITE PREPARATION ISSUES & REVISIONS 07/07/11 950 66111701 07/16/11 CNC SUBMITTAL 6/25/11 CITY O CARPUS nom 9.011111.11 Vicinity Map (N.T.S.) PREPARED FOR CMC RECYCLING CORPUS CHRISTI 249 BRONCO ROAD CORPUS CHRISTI, TEXAS 78409 PREPARED BY B & F ENGINEERING, INC. 928 AIRPORT ROAD HOT SPRINGS, ARKANSAS 71913 TEXAS BOARD OF PROFESSIONAL ENGINEERS ENONEERNC PRN ND. 1907 ONNi1NN1xN1 JULY 2011 7-3436-1101 NOTICE TO CONTRACTOR: ME LOCATION AND/OR LEPTON O EXISTING nom AS SHORN ON MESE PLANS IS BASED ON THE RECORDS O ME VARIOUS 1 COMPANIES A, HERE POSS.. FIELD NS EA9IRENENTIE 12 20CONMACIOR IS SPECIFICALLY [AUDIO THAT THE INFIRM. IS NDl 10 BE RUED ON AS BEING EXACTER COMPLETE THE CONTRACTOR N61 CALL THE LOCAL MUTT LOCATION CENTER Al LEAST 15 TOMS BEFORE ANY • EXCAVATION TO REPAST EXACT FIELD LOCATIONS O THE MKS. R E SMALL BE THE RfSPONSIBNIY O THE CONMACIOR 10 RELOCATE ALL fXISTNG MOTES .ICH CONNCI NM THE PROPoSED IMPROVEMENTS SHOWN CN M PLANS EXHIBIT 3 ALL CONSTRUCTION TO BE IN STRICT ACCONA. Nix CURRENT CITY O CORPUS CIAISTI PUBLIC WOOS OPT SPECIFICATIONS MY OTT O CORPUS CHRIST PUBLIC .RIES DEPT BAY OPERATE fXIST60 VALVES SURVEY NOTE' SURVEY INFOBATION WAS PNOIOD FOR THE COMNENCE O M CONTRACTOR. ME SURVEY 1510 BE USED ASA SIR PAN AND TOPOGRAPHY TVP AND 6 NOT RIT MO TO REPRESENT ANY LEGAL BOUNDARY OR EASEMENTS ANY Mai FIRMA SET No. .E. NNCO ROAD WATEMJNE EXTENSIOIN' PEE PFEET C10 GENERAL NOTFSI 1. THE APPRDXIN.. LWAIION N NON OINKS AW SUBSURFACE SIRS. [5 AS .13. MEREN ARE BASED NI ABOVE GROAN VISBE SIRUCNRES AHI RECORD DRAWINGS PRINCE°. L.1016 N UN3RGAWND UIILIAES/S1RUCNRES WY VARY FROM LOCATIONS SRNS HEREON. ADDMOHAL BURED UTUTES/SIWCIURES MAY BE EHriINTERED. M CONTRACTOR SHALL BE REPOSER FOR VERIFYING TME ACTUAL LOCATION N .SE AIN ALL OTHER .SURFACE AIN/DR RENT FACILITES PRIOR TO BEGINNING HS YORK. ALL REPAIRS DR RELOCATIONS ACCESSARY SMALL BE MADE AS REWIRED BY DE CHER N M OUP OR SRL.. AAO TME CWT N STALIN NEPARS NECESSARY SHALL E BORE BY THE CONTRACTOR. 2. ALL S1EE15, HAMS DRIVES DRAINAGE STRUCTURES FENS% UILIIRS [1C. THAT ARE DISTURBED DURING ONSTRW1ON EITHER INSIDE CR OUT. ME PROPERTY USE OR DE9GN11E0 EB LAMS SMALL BE RESTORED TO WEIR °RENAL OR DENIER CONDIT. USING LIKE MATERIALS COST N 9X11 REPAIRS NALL BE BORE BY TME CONTRACTOR ISMS PRONASION FOR PAYMENT IS MAD[ IN THE PROPOSAL 1. THE CONTRACTOR IS R[NXRED BY LAV 10 KEY THE TEXAS EXCAVATION SAFETY SYSTEM. INC AT 1-800.311-8371 AT LEAST 1B HOURS PRIOR 10 EGG. ALSO. WHERE APPLICABLE, CONTRACTOR SHALL NOT. M UTILITY COMPARES AND ARRANGE FOR L.TNG TME UTLITES ON M GRINNL 1. CONTRACT 3 91ALL COORDNAD H6 WORK CLOSELY CLOSELY NCO0030 1 T AAD ADJACENT LYRK BY OTHERS COORNHAIION SILL BE REQUIRED FOR MOUS PCR16113 N NRR, INURING. BUT NOT LIMED 10, NEURON. UTLMES. AND SIZE NON. 6 ALL YORK N STATE RIGHT -OF -.AV SHALL ODEON 00 THE RESPECTIVE CONSTRUCTION SIAWARDS AND/OR PERMITTING RENAME. 6. CONTRACTOR SHALL CONTAC11E CIMS CONSTRUCT. ASPECT. DEPARTMENT AT 8B0-355, AT LEAST 110 (2) HOEING DAYS PRIOR TO CONSTRUCTION 10 NOTIFY THE NM OF IIS 031618 ACTION SONIC. FDR PUBLIC WEER COLS RETIC L 7. CONTRACTOR SHALL PROVE OMR A ONE-YEAR NIARANDE AND RRAHM ACANST ALL DEFECTS IN MATERIALS HORKMANSHP AND COMPACTION N EARTH ANI PAGING NOTE: CONTRACTOR SHALL RNFOR9 W 1MENCM EXCAVATIONS IN ANY PORTON N THE PROJECT SPOUT ALL EXIS0NG UHONJOUE RP LINES AND IMP NES STAKED ON INE GROUND (TO CENT. LOCATION) IN TME NCS. OF CONTRACTORS TENDING OPERATIONS CNTRACTOR SHALL CONTACT lE OSIERS N U9UM USES TD STAKE TITER UHERGNUML LIMPS ER. TO ANY CONSTRUCTOR CITY STANDARD SPF/IFICATIONS PAVEMENT REPAIR GRADING & DRAINAGE: GRADING AND DRAINAGE NRR .LL BE ACCONPUS ED N A.RDANCE THE FOLNING CITY Of CORPUS CFR., DEPARIMEHI N ENGNEENNG SEISM STANDARD SPEonCATO6, N 111CH CONTRACTOR 91ALL ROAN 05030 CORES OF PRIOR To CORMS . 011029 SCE CLEARING @ 0109983 911010 SID GRADING 022020 EXCAVATION ! HACKFLL FOR MINES ! SEHERS DM. TENCH SAFELY FOR EXCAVATIONS 022020 EHNNKMEHI 015120 FLEXIBLE BASE CALICHE 015101 A.S. OLS AHO ENYL9O6 015111 AOI NIX ASPHALTIC CONCRETE PAVEMENT D27203 MANHOLES 027206 FIBERGLASS WNNO. D27102 DERE RCE° CONCRETE PIPE CLLVENS 0322020 PGIBAHI COME. CONCRE E 032020 REVOKING STEEL D19000 CONCRETE DRUMM 05.5120 FRAMES GRADS ROM @ COVERS CITY STANDARD SPECIFICATIONS CONSTRUCT ALL TATER LIMES IN ACCORDANCE NN M FOL.. CITY N CORPUS CHRIST. DEPARIENT OF [NTNEERNG SERVICES ..CARD EFEOFICA5ONS CONTRACTOR SHALL OBTAIN COPES N SAID CITY SPECIFICATIONS PRIOR TO CONSTRUCTION: 022020 EXC.. ! BACKFILL FOR num ! SEERS 9II@2 TENN SART Y FOR EXCAVATO. 016201 RATER LINE l FORCE MAIN EST RISER AMIABLY 016201 HYDROSTATIC DSTND N PRESSURE SYSTEMS OM206 DUCTILE PON PIPE l FILINGS 026110 PVC PIPE - AEA RIK t C905 OMEN NSTALLATON N TATER USES 020109 TAPPING SKIVES ! VALVES COSI GATE VALVES FOR WIER LIES 020116 FRE MYDRAH6 SURVEYOR'S NOTES I. TOPOGRAPHIC SURVEY INCLLDING UILIIIES LOCA106 WAS PERFORMED BY BE ENGINEERING (DEED NOVEMff0 1010). NO STATEMENT 6 LODE OR NPLED BY BE ENGINES . INC AS 10 ACWRACY N SAID SURVEY. CONTRACTOR IS RESPN&BIE FOR SATISFYING EISELE AS TO EXISTW CONNORS 2. 0E CONTRACTOR IS RESEMBLE FOR CALDILAING CCNS1RUCT. MRS CCCRNNAIES WITH 111E PEONS CN THESE PLANS 9* NOTE 9* NIRNG CDI109AC0MTIES FELD CNIDIIIONS MAY DICTATE TME ePEMEN1ATION 01 CF PLAN RENEWS THAT LOAD BIER FRONTAD ME DESIGN IHDNI OF THESE DRAWINGS THE OWNER SMALL NEM SAID PROPOSED DEMENTS TO THE DENIER N RECORD AAO JUIENCTI NAL ANNCES FOR REM. AND ACCEPTANCE MDR 10 HELD IMPLEMENTATION. UTILITY NOTES: I. CONTRACTOR 10 NOTIFY THE CITY PRIOR 10 CONSTRUCTOR ALL WATER @ SERER LINE MATERIALS t INSTALLATION 10 CONFORM 10 CITY RENAME..01NSTALLA81 SUBJECT TO nom ',SPECnW BY n10OP MICR 100 WDIRLLING ANY DEFECTS SHALL BE CORRECTED Al CCNNACTCPS EXPENSE. 2. WIER USES SHALL HAVE A VANUA 10 FOOT HBROONIAL SEPARATION F. SEWERS MIN HATER LIMPS CROSS SEERS. THEY SHALL HAVE A INN. IB -INCH VERTICAL CLEARANCE ABOVE SEDERS 1 CONTRACTOR TO GIVE ADVANCE NO10E TO MINER t UTLNY PRIOR 10 MAKING ANY CONAECIIONS TET CR DRY) 10 EXISTING LINES! PRIOR TO 1AKNG ANY LINES W1 N ENKE. WIER SERVICES SMALL FEL. HYDROSIAIC PRESSURE ! LEAKAGE TESTS S ALL PIPE 1" AND LARGER SHALL DE PVC 110H TUSH- 00 JOINTS NTH COMPRESSION GASKET BELL SHALL MEET ALL RECORDERS N AWA CBDR, SMALL BE DRIB D SMALL BE MADE 1111 EgAVAIENT OUTSIDE DIASTERS M N CAST IRON PPE. ALL nTORGS FOR 1" THROUGH 12" PIPES SHALL BE WCTLE IRON IN A CO MIN AWA 0151 AND SMALL BE EDIANCAL 2010 (BM1). D. PROVIDE CONCRETE THRUST BLOCKS FOR ALL FITTINGS ALL PIPES TO BE SANT ENCASED PIR9NNT 10 SEC. DE. OF SPECIFICATIONS AN) CONSIWCIED PURSUANT TO DETAILS MOM IN PANS MEET. G VALVES AND FInNGS SHALL BE SAME NN1WL SIZE AS FOR LINE FOR HMICM THEY ARE 10 BE INSTALLED IN. 1. GATE VALVES SMALL BE 100199091 JOIO, NON-MSNG STEMS BRONZE 110 0D. CL BODY. 10 *13 ED ANI METALLED PURSUANT TO REWRE.TS N SPEDFCATIONS 036411. ALL VALVES .LL DE PLACED IN GST IRON BOXES PURSUANT TO DEIALS B. PROVDE 38' MINIMUM FINISHED COVER FOR ALL WATER SINES (EXCEPT MERE MOM 0MRn6E IN TME ROS). 9 CONTRACTOR SMALL CCtliNNAIE NSIALLATION W. VARIOUS UTILITY CONPANLS AS A.CPRM1E. 1D ALL U0LNY WON SHALL BE PERFORMED BY A COPRAC PROPERLY LICENSED BY INE S1AD OF TEXAS FOR UTIUM CWSIRUCTON. 11 MESS OIHERHSE PUN. A 15' NDE PERLNI ENT EASEMENT SHALL EXIST ALONG ALL RATER LIMPS l SEER LIES Wl LIED N PUBLIC R011 -0E -TAY. 12. WIPER LIES ! APPURTENANCES STALL BE N1HCCIED AND HINESTATCALLY TEED PER CITY SPEOFCAICNS 13 CONTRACTOR SHALL FUNK° t INSTALL RELINES APPURTENANCES 9IFFIDENT 10 PROVIDE SERVCES DEWNDS AS REWIRED. 1559 SCALE IN FEET ovate 811 L PUWC IMPROVEMEH6, UTILIZES AND RELOCATED APPIRDWNCES STALL BE CONSIRUODD CR INSTALLED N ACCORDANCE WITH CITY OF CORPUS CHK511 IX STANDARD0 SPEGi1ATO6 AND DE1AL5 +M NOTE +M USING WIER UES SKIN HEREON ARE REFERENCED F. THE CITY N CORPUS CHRISTI GIS SITE ALL RISING WAIERUES SHOULD E HELD VERIFRD ME 10 CONSTNNION LEGEND WDR LE (SIE AS VIED) PRP.° .ADR UNE (EOE AS WINED) 1.1 PI NOSED TEE Ti PIOPOSEG SEH) IAS RODEO) PREOED VALVE (AS NO18I) 406 PROPOSED FE HYDRANT (9013: 5183015 ARE MI TO SCALL) 1. BY DATE REVISIONS EXHIBIT 3 NOTE: SCALE SHOWN ON THIS DRAWING IS FOR 24" • 36" PLOTS. TEXAS HOARD ON' PROFESSIONAL ENGINEERS ENGINEERING1997EXPIRES IS/31 /MI BY Design Rom CH 0 0 B Pon Survey NOB JKP DATE 7/11 7/11 BaF ENGINEERING, INC. 928 AIRPORT ROAD, HDT SPRINGS, ARKANSAS 71913 (PH) 591-767-3206 (FAX) 501-767-8859 TAW 11/10 233D OVERALL WATER UTILITY PLAN WATER MAIN EXTENSION COMMERCIAL METALS COMPANY CORPUS CHRISTI TEXAS DRAWING NURSER JOB N0: 7-11.38-1101 ACRD NO. 007 7/18/11 SCALE: 1" - 509' DATE: JULY 2011 EP 4/25/11 WED B. V.V. FROM STA. 2486[010 STA.18453.56 AIP 8/09/11 REISSUE PER RAILROAD ALXNMENT REVISOR REVISIONS EXHIBIT 3 NOTE: SCALE SHOWN ON THIS DRAWING IS FOR 24" • 36" PLOTS. 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Deaign NGN ]/lt DRAW NG MUMMER ,ISN RNA: 1386-Na ACRD N6. 007 ]/,6/„ D'°"" 'XP 7/11 RECYCLE DRIVE WATERLINE EXTENSION WATER MAIN EXTENSION COMMERCIAL METALS COMPANY CORPUS CHRISTI TEXAS Ch M a A 151 9/'[4/11 REMOVED B NCH GAS VALV[ TEAR 510.50 11 111 lE9E h � 'Yl "' "`- 3 XP e/zspl MED B N.V.. A215' ILL ISM; ADD R.Ye A N "I+ 2. VIP 6NB/11 AENW[ PER RAINOAD ALIGNMENT AENSION PI°" L 2P 8/03/11 MOVED B' V.L. LOOP PER NEW RAILROAD LOCAMN Survey TAW tt/10 SCALE: t - 100 na.NX.N°. 2335 DATE: JULY 2011 BY DATE REVISIONS SllBSC011ENlEiOEWAIERLINCRINSIPLLAII (APPROXIMATE LOCATION) 50n Bp _ 85 gg f .5 85' 8, 5 SSI SY 8, e3 0(P 8/25/11 WED B' V.V.; A00 IS' W.L. 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TEXAS HOARD OR' PROFESSIONAL B'AGIAHERS ENGNEENNG nu NO. 1007 mins MV%IS BY Design Drown CAH A 8 BH Plon Survey MGB JKP DATE 7/11 7/11 B&F ENGINEERING. INC. 928 AIRPORT ROAD, HDT SPRINGS, ARKANSAS 71913 (PH) 501-767-2386 (FAX) 501-767-8859 TA 11/10 233D BRONCO ROAD WATERLINE EXTENSION WATER MAIN EXTENSION COMMERCIAL METALS COMPANY CORPUS CHRISTI TEXAS DRAWING NUMBER .TDB N0: 1-3936-1101 ACRD NC, 007 7/1G/11 SCALE: 1" - 100' DATE: JULY 2011 0(P 8/25/11 WED B' V.V.; A00 IS' W.L. ESMTS REVISIONS EXHIBIT 3 NATE: SCALE SHOWN ON HIS DRAWING IS FOR 24" X 36" PLOTS. TEXAS HOARD OR' PROFESSIONAL B'AGIAHERS ENGNEENNG nu NO. 1007 mins MV%IS BY Design Drown CAH A 8 BH Plon Survey MGB JKP DATE 7/11 7/11 B&F ENGINEERING. 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ALL GAS LINES AND CORRESPONDING • GAS COMPANY REPREENTATE 0100002 013-95 DURNG ALL NATERLNE CONSTRUCTION HENN 000115 01 MENG GLS 125116 NOTATIONS SHOWN HEREIN MERE TAKEN FROM THE • TOTAL CIRCUMFERENCE OF DINING GAS MAIN MUST BE EXPOSED WHEN 161ALUNG LIATERUDE AT CROENGS 100Bo ao 4o ao 0 50 100 200 FULCAING 002010 AND MAP. hh iip Moo,/ rrc staie tx us#hata#onlIneOndex pp# • MICHNICAL DIGGING OF TRENCH 6 01100000110000EXCEPT FOR MIN 21" CP EXISTING CAS INN IN 011 00001206 HAW DIGGNG OF 1ATERLIDE SCALE IN FEET ALL PUBUC INTRINDENIS. 051115 AND RELOCATED APPUR1ENANCES SHALL BE CNESTRUCTED OR INSTALLED N ACCCNDANCE NTH CITY CP CORPUS MSG TX STANDARDS. SPECIFICATIONS AND 0410L0 LEGEND — w— w — EX611110 HER 111 (900 AS 110108 TRENCH 6 RECORD) WITHIN 24. IX MENG GAS MAIN • EIGHTEEN (111) INCHES ANNULI VERTICAL CLEARANCE IS REQUIRED BETWEEN INVERT OF EXISTNG GAS MAIN t CROWN OF NEW IMMUNE . NOTE . —ww—mx•— 4401052 NOIR UN (NH AS NORD) I.1 REPOSED lIE -q CONTRACTOR SHOULD NOWY OMER AND FIELD VERIFY LOCATION eR)a TO AN/ EXCAVAPON DDIL ALL 1156 MUST 5 PM ACCINONG TO CAS LINE 011ER RECIARELENT6 CONNIE= IS RESPINSINE FR INGING 0111/011 REOUNELENTS SET FORTH BY OVER OF 2200GAS LINE avow LF . al:I - - II TERDE INT Of DIETINGdRPINUS NEW HEREONREREFERENCED FROM THE CIE1511 asNsnl. ALLAEXISING NATI.. 51.110 BE nu VERIFIED EMI TO CONSTRUCION RPM BON (AS MID) ow R611 0511 YAM (IS NM) 4.0. PROPOSED FRE MANI (0010 5118015 ARE NU TO SCALE) E)(1-11BI-r 3 NDTE. SCALE SHOWN 00 10)5 DRAWING IS FOR 24 • 36 PLOTS TEXAS BOARD OH' PROfESSIOM\ L N' \ GISEH RS DEFORM nu No ISO Ems 0,91po. ##'. S B D TE B &F ENGINEERING. INC. 9213 AIRPORT ROAD. HDT SPRINGS. ARKANSAS 71913 (PH) 5D1-767-2381 (F.) 601-717-81359 Cl 4 Design 19GB 2/11 DRAWING NUMBER .513 NO 7-3138-1101 ACAD NC, 1307 2/18/11 Drown .11(P 7/11 BRONCO ROAD & SEDWICK ROAD WATERUNE EXTENSION WATER MAIN EXTENSION COMMERCIAL METALS COMPANY CORPUS CHRISTI TEXAS Ch 5 d f; 11 TH 1 IF 9 w .5 ... '19., TAALs..m.- A B 11 Plow Survey TADI 11/10 SCALE. 1" - 100. Fld BD No 2330 DA LT 2011 00 0015 REVISIDNS 11 RIGHT-OF-WAY LCGTCS SHOWN HERE Ge AERIALL PHOTOGRAPHY. ANDFREI ME 910 BEE SURVEYED BY IMP ENGIE[RIMG RIGHT -DF -WAY MASONS SHORN HEREON ARE ABEHOFRC CORPUS CHRISTI S AND AERIAL PHOTOGRAPHY. AID HAVE G'AI BEEN O EN SURVEYED BY BK ENGINEERING TEE IAL W RIMMIME! ^DRER MLNTLREMO[iA EXTEM 44,44. r0=&^ ....111[3. be DI 77-7A 4 7342 Pi 7 430 73,0 8 5 70.73 9 6W VH JULY 11 NS4 @ N EAS UE DTAlIOM. ALL GAS USE LOCAPCA9 AND Om 71473 TO 'Ca- MEE. ' ST -"i. • Gid INS i3 • .00K63«4 f-HH_NE:++ +AYdv LP444 t..e OPEN 0 £tL^'STS C.. MIx33-'4.A P.Ug,3+£bP£HL 7E66. 4L4'305,5=6 •5::"•f9 :± U3 -334 �i3� 'R ANS:35E[�mfiE�Zr VES SEA. 3`s ESE £St2)£,'SL +_xZ ETv. F'ME�;YY,E:A£ AB.bd4RA££c .056itiM .110,,5'ieiG 16900 7700 78100 19 CO 60100 8100 83,10 84900 45100 86900 87 00 IMPORTANT NOTE: ALL GAS LINES AND CORRESPONDING NOTATIONS SHOWN HEREON MERE TAKEN FROM THE FOLLO'MNG MEBSITE AND MAP: Hup: //www.::c.$)Dte. (xDs/D(D/ooIIHe/isdexphp# CONTRACTOR SHOULD NOTIFY OMNER AND FIELD VERIFY LOCATION 10)00 TO ANY EXCAVATION. CONSTRUCTION NOTES FOR EXISTING UNDERGROUND GAS LINES: • GHS COMPANY REPRESEMTATW LET BE 011-91E WRNG ALL HAMMEL CONSIR0C11C MCN VICINITY M EX611MG GAS NM. • TOTAL CIRCUMFERENCE OF [NIMES GAS MAIM MST BE EXPOSED MEM INSIAWNG WAIERUN: AT CNOSSNGS • N[CINMCAL DIGGING OF TRENCH 6 ALLDMED, EXCEPT FOR ROHN N" OF EXISTING CAS MAN IM ALL MREC16MS HAIR MGGNG OF EA1[RLAE 1RENC 6 REWIRE...ISSN 24• C EX611MG GAS MAIN EIGHTEEN (IB) ACHES NNWN VERTICAL CLEARANCE IS REWIRED BETWEEN INVERT OF EXIS1NG GHS MAIM it CROIX O NEW MATERUME. NOTE: ALL MORA MUST BE CCE ACC*/UNG 10 GAS LIME LIMIER REWIRENEN15 CONTRACT*/ 15 RESPCSESE FOR METING AMY/ALL EQUIPMENTS SET MATH BY OMR OF EACH GAS LIME 86900 89 CO 90100 WATER LINE PROFILE HORRCIAL SCALE: I• = 100' REBOOK SC IE 1• = 5' 0110 92910 93100 94 CO 95100 96900 91 00 SCALE IN FEET Fovate 811 98900 99 CO 110106 L PUWC IMPRCEMENIS, UPL11E5 AND RELOCATED APPURTENANCES SHALL BE CCSIRUCIED C IN5IALLCD N ACC*/D*NCE MIH OM CP CORPUS CM511 TX STANDARDS SPECDGTCS AND DUALS +M NOTE +M EX611MG MATER USES WEN HEREON ARE REFERENCED FRC THE CITY OF CORPUS CIMISP OS SNE; ALL EXISTING MATERUSES SUMO BE nu AIMED MX 10 CONSPAUCIION LEGEND OWING HER LRE (97E A5 WED) ARMED EATER UNE (SIZE AS HOED) PROPOSED TEE PROPOSED SEM) (A5 NO60) ARMED VALVE (AS LAMED) PROPOSED FRE HAENAN! (N01E: SYMBOLS ARE NPI TO SCALE) BY DATE REVISIONS EXHIBIT 3 NOTE: SCALE SHOWN ON THIS DRAWING IS FOR 24" • 36" PLOTS. TEXAS HOARD OE PROFESSIONAL ENGINEERS ENGNEERING nu NO. I7 MANS mVATH BY Design Drown CH 1 0 Bn Alen Survey FIEBA.No. MGB JKP DATE 7/11 7/11 B&F ENGINEERING, INC. 928 AIRPORT ROAD, HDT SPRINGS, ARKANSAS 71913 (PH) 501-767-2386 (FAX) 501-767-8859 TAW 11/10 233D RHEW ROAD WATERLINE EXTENSION WATER MAIN EXTENSION COMMERCIAL METALS COMPANY CORPUS CHRISTI TEXAS DRAWING NUMBER JDB NO: 7•3438•1101 ACRD NO. 007 7/18/11 SCALE: 1" - 1130 DATE: JULY 2011 DRC 85 8i 8Y 8i gi g� �. DMZ VERIFY PBal IPA WATER LCCATCM AND TD CONSIR RAIN; DEPTH 1 CPC 6 :------------------] 1 A SED 'b b RAT LT.. H 1711111 APPRCIYATE OEPiM SHDLCAS NDi[M (IIHCA) 9:[ MAIM ' DI b 25 25 16900 7700 78100 19 CO 60100 8100 83,10 84900 45100 86900 87 00 IMPORTANT NOTE: ALL GAS LINES AND CORRESPONDING NOTATIONS SHOWN HEREON MERE TAKEN FROM THE FOLLO'MNG MEBSITE AND MAP: Hup: //www.::c.$)Dte. (xDs/D(D/ooIIHe/isdexphp# CONTRACTOR SHOULD NOTIFY OMNER AND FIELD VERIFY LOCATION 10)00 TO ANY EXCAVATION. CONSTRUCTION NOTES FOR EXISTING UNDERGROUND GAS LINES: • GHS COMPANY REPRESEMTATW LET BE 011-91E WRNG ALL HAMMEL CONSIR0C11C MCN VICINITY M EX611MG GAS NM. • TOTAL CIRCUMFERENCE OF [NIMES GAS MAIM MST BE EXPOSED MEM INSIAWNG WAIERUN: AT CNOSSNGS • N[CINMCAL DIGGING OF TRENCH 6 ALLDMED, EXCEPT FOR ROHN N" OF EXISTING CAS MAN IM ALL MREC16MS HAIR MGGNG OF EA1[RLAE 1RENC 6 REWIRE...ISSN 24• C EX611MG GAS MAIN EIGHTEEN (IB) ACHES NNWN VERTICAL CLEARANCE IS REWIRED BETWEEN INVERT OF EXIS1NG GHS MAIM it CROIX O NEW MATERUME. NOTE: ALL MORA MUST BE CCE ACC*/UNG 10 GAS LIME LIMIER REWIRENEN15 CONTRACT*/ 15 RESPCSESE FOR METING AMY/ALL EQUIPMENTS SET MATH BY OMR OF EACH GAS LIME 86900 89 CO 90100 WATER LINE PROFILE HORRCIAL SCALE: I• = 100' REBOOK SC IE 1• = 5' 0110 92910 93100 94 CO 95100 96900 91 00 SCALE IN FEET Fovate 811 98900 99 CO 110106 L PUWC IMPRCEMENIS, UPL11E5 AND RELOCATED APPURTENANCES SHALL BE CCSIRUCIED C IN5IALLCD N ACC*/D*NCE MIH OM CP CORPUS CM511 TX STANDARDS SPECDGTCS AND DUALS +M NOTE +M EX611MG MATER USES WEN HEREON ARE REFERENCED FRC THE CITY OF CORPUS CIMISP OS SNE; ALL EXISTING MATERUSES SUMO BE nu AIMED MX 10 CONSPAUCIION LEGEND OWING HER LRE (97E A5 WED) ARMED EATER UNE (SIZE AS HOED) PROPOSED TEE PROPOSED SEM) (A5 NO60) ARMED VALVE (AS LAMED) PROPOSED FRE HAENAN! (N01E: SYMBOLS ARE NPI TO SCALE) BY DATE REVISIONS EXHIBIT 3 NOTE: SCALE SHOWN ON THIS DRAWING IS FOR 24" • 36" PLOTS. TEXAS HOARD OE PROFESSIONAL ENGINEERS ENGNEERING nu NO. I7 MANS mVATH BY Design Drown CH 1 0 Bn Alen Survey FIEBA.No. MGB JKP DATE 7/11 7/11 B&F ENGINEERING, INC. 928 AIRPORT ROAD, HDT SPRINGS, ARKANSAS 71913 (PH) 501-767-2386 (FAX) 501-767-8859 TAW 11/10 233D RHEW ROAD WATERLINE EXTENSION WATER MAIN EXTENSION COMMERCIAL METALS COMPANY CORPUS CHRISTI TEXAS DRAWING NUMBER JDB NO: 7•3438•1101 ACRD NO. 007 7/18/11 SCALE: 1" - 1130 DATE: JULY 2011 1001030011069001000060606, U. IF TAPPED HOE 6 SANE SR AS MAIN DBE 1MADID OP1.SAN P1I..u4 xd[CLIME �Abll TAPPING [N [DUAL TD NUNFR H-616. 2. IF TAPPED MO[ S ENE MAN 21 ZELLER MAN TAPPED LAIN. USE SS TAPPING SIEFV£ FOES 10 SMITH-NAIR TYPE 651 TOP OF YALE 1D BE FLUSH WITH 110' r 111' CONCRETE PAD ENSHED SURFACE IOTA N PAVED MEAS) MUELLER H-10365 VALVE OR APNd6) [COAL TAPPING 9FEE L VALE (Nu[ UR Oe EQUAL). USE 61 TYPE 01111 GASKETS 1D ER EASING MAN. 13 RUM CON 01.1 TAPPING VALVE S1PR N ell) Is MD6NRBED SOIL VALVE 1AND 661[ TE GRAVEL 101 �741.11,1 TAPPING SLEEVE AND VALVE TYPICAL WATER MAIN TERMINATION FOR FUTURE EXTENSION f/NFRAI NOTES: 0 THE UILIIY CONTRACTOR SHALL PROVIDE M MATERIALS AN) LABOR 10 INSTALL THE MATER LINE AS SROM N THE GENERAL LAYOUT. 2. THE VAULT AND DOUBLE CHECK DETECTOR SHALL BE PROVIDED AND INSTALLED BY THE NRF SPRINKLER CONTRACTOR. YAULT NOTES 1. VAULT MAY B[ INSTALLED EN91 KIM 110305T0AN WAUMYS SEAWARD EXPANSDN 121/1 MATERIAL ELL BE UTILIZED BETWEEN M VAULT 01D ADJACENT CONCRETE. 2. EHICIIINR TRAFFIC M VAULT NAL EWE SPECIAL HATCHWAY AND SEPARATE 9JBMTTAL DRAENI5 APPROVED BY A REGITEREDO AL ENGINEER. 1 USM' GATE VALVES ELL BE CHAINED AID LOCKED N THE OPEN POSIIOA OR A5 SPECIFIED BY TIE CORPUS CHR6I EIRE DEPARTMENT SEPARATION AND OIENIAIDN M VAULTS(IL HAICHNAY UTCH OIEN1ATION) NAL B[ CONSIDERED DURING PUN APPROVAL. YAULT SPECIFICATIONS TDP. Aeh1A KM KIN 3'-0• r 9'-0' DOUBLE IEE ALIMNN HATCHWAY 930 HALLS 311- 9A1s11 NM BUTEN 5" - p* --' NNE Pu CONCRETE: 9030 NO IBS PER CY(50W 5/B. PPA EASEL 50Z SAND) REINFORCEMENT: ADD ADDIIOAL ENFORCEMENT AROUND HAICHKAY ANI DEN. 10 PREVENT CRACION: 1. BY DATE REVISIONS NATE: SCALE SHOWN ON THIS DRAWING IS FOR 24" • 36" PLOTS. TEXAS HOARD OF PROFESSIONAL N'GINEE RS ENGNEFRING DM NO. 1991 ONO NNVWN TIJC YE1HY 1 TEASE XHIBIT BY Design Drown CH 0 1 BH Pon Survey MGB JKP DATE 7/11 7/11 BaF ENGINEERING. INC. 92B AIRPORT ROAD. HDT SPRINGS. ARKANSAS 71913 (PH) 561-767-256 (FAX) 501-767-6059 11/10 233D TAXI WATER UTILITY DETAILS RECYCLING FACILITY COMMERCIAL METALS COMPANY CORPUS CHRISTI TEXAS DRAWING NUMBER 6 NO: 1-3s136-1101 MAD NO. 021 1/12/11 SCALE: AS SHOWN DATE: JULY 2011 1(P 6/25/11 ADDED METER VAULT ASSE201 ET0I1. SIM NOTES REVISIONS NATE: SCALE SHOWN ON THIS DRAWING IS FOR 24" • 36" PLOTS. TEXAS HOARD OF PROFESSIONAL N'GINEE RS ENGNEFRING DM NO. 1991 ONO NNVWN TIJC YE1HY 1 TEASE XHIBIT BY Design Drown CH 0 1 BH Pon Survey MGB JKP DATE 7/11 7/11 BaF ENGINEERING. INC. 92B AIRPORT ROAD. HDT SPRINGS. ARKANSAS 71913 (PH) 561-767-256 (FAX) 501-767-6059 11/10 233D TAXI WATER UTILITY DETAILS RECYCLING FACILITY COMMERCIAL METALS COMPANY CORPUS CHRISTI TEXAS DRAWING NUMBER 6 NO: 1-3s136-1101 MAD NO. 021 1/12/11 SCALE: AS SHOWN DATE: JULY 2011 CMC Allowable Reimbursables Based on CMC estimates (see attached) Item Quantity Unit Rate Cost Allowable Percentage Allowable Cost 8x8 Tapping Sleeve with Valve 1 $4,000.00 $4,000.00 50% $2,000.00 LF 8 C -900 " 3,600 LF $30.00 $108,000.00 50% $54,000.00 Bore Under Railroad Spur 1 $18,000.00 $18,000.00 50% $9,000.00 4" C -900 500 LF $18.00 $9,000.00 0% $0.00 2" SDR -21 CL 200 PVC 360 360 LF $10.50 $3,780.00 0% $0.00 12 C -900 " 7,300 LF $39.50 $288,350.00 100% $288,350.00 Fire Hydrant Assemblies 6 $4,500.00 $27,000.00 100% $27,000.00 Locations to be Bored under Oil Lines 2 $14,000.00 $28,000.00 100% $28,000.00 Connection to Existing 12 Line " 1 $3,500.00 $3,500.00 100% $3,500.00 Concrete Meter Vault 1 $3,220.00 $3,220.00 0% $3,220.00 TOTAL: $492,850.00 TOTAL ALLOWABLE COST: $415,070.00 Exhibit 4 3,600 LF 1 500 LF 360 IF 7,300 II 6 2 1 CORPUS CHRISTI SHREDDER WATER MAIN EXTENSION & LOOP INQUIRY : 381-08-014R-CP-02 Contractor: LI. Fox Construction, Inc. PO Box 2708 Rockport, TX 78381 COST PROPOSAL BREAKDOWN Item Quantity Unit Rate Cost BxB Tapping Sleeve with Valve LF 8" C-900 Bore Under Railroad Spur 4" C-900 2" SDR-21 CL 200 PVC 12" C-900 Fire Hydrant Assemblies Locations to be Bored under Oil Lines . . . Connection to Existing 12" Line Concrete Meter Vault $4,000.00 $4,000.00 $30.00 $108,000.00 $18,000.00 $18,000.00 $18.00 $9,000.00 $10.50 $3,780.00 $39.50 $288,350.00 $4 , 500 00 $27 000 00 $14,000.00 $28,000.00 $3,500.00 $3,500.00 ,220.00 ,220.00 TOTAL: $492,850.00 Prepared By Cole Popp Project Manager: Don Schwab 10 1 / Exhibit 4 F vi, CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRST NAME: CAAC. G6'k3.1 actikt STREET: 1.--4 t &61..c o & CITY: C.&114,_ ZIP: FIRM IS: Corporation n2. Partnership 3. Sole Owner n4. Association o5. Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) IoF� 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title Ntk 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission, or Committee Nik 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm ". Name CERTIFICATE Consultant I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 'On �� Title: (Type or Pri Signature of Certifying Person: ) Date: Exhibit 5 DEFINITIONS a. "Board Member". A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee ". Any person employed by the City of Corpus Christi, Texas, either on a full or part - time basis, but not as an independent contractor. c. "Firm ". Any entity operated for economic gain, whether professional, industrial, or commercial and whether established to produce or deal with a product or service, including but not limited to entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership, or trust and entities which, for purposes of taxation, are treated as non- profit organizations. d. "Official ". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest ". Legal or equitable interest, whether actually or constructively held in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies, or special terms of venture or partnership agreements. f. "Consultant ". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Exhibit 5 GRID MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Grid Main Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Commercial Metals Company, 6565 N. MacArthur Blvd., Irving Texas, 75039 ( "Developer"). WHEREAS, Developer in compliance with the City's Unified Development Code, hereinafter called UDC, has filed a plat, approved by the Planning Commission on December 7, 2011, to develop a tract of land of approximately 35.11 acres called CMC Subdivision Lot 4A located on Bronco Road, East of Clarkwood Road and North of State Highway 44 (Agnes Street), as shown in Exhibit 1, attached; WHEREAS, under the UDC, the Developer is responsible for construction of Grid Main Extension (as defined below); WHEREAS, under the UDC, the Developer is eligible for reimbursement of Developer's costs for the construction of Grid Main Extension; WHEREAS, it is to the best interest of the City that Grid Main Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by the City Council, from the Grid and Arterial Transmission Mains Funds as per the UDC, Section 8.5.1.C; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Grid Main Extension, see Exhibit 2, attached; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. The Developer shall construct, or cause to be constructed, the Grid Main Extension, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer pursuant to Section 2 below. 2. PLANS AND SPECIFICATIONS. a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Grid Main Extension, as shown in Exhibit 3, with the following basic design: Page 2 of 9 Grid Main Construction & Reimbursement Agreement CMC and the City 1. Install 1 (one) 8" x 8" tapping sleeve and valve. 2. Install 3,600 linear feet of 8" C -900. 3. Install 1 (one) bore under railroad spur. 4. Install 7,300 linear feet of 12" C -900. 5. Install 6 (six) fire hydrant assemblies. 6. Install 1 (one) connection to existing 12" line. 7. Bore under oil lines in 2 (two) locations. b. The Grid Main Extension must begin at an existing dead -end water line along Manning Road then go east through private property via new dedicated public utility easement to Bronco Road right -of -way. Then turn north along Bronco Road and connect to an existing 12 inch dead -end line along Sedwick and Rhew Road. c. The plans and specifications must comply with City Water Detail Sheets and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. which approval may not be unreasonably conditioned. delayed or withheld. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Grid Main Extension, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Grid Main Extension. If any of the property needed for the Easement is owned by a third party and Developer is unable to acquire the Easement through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easement. 4. PLATTING FEES. Developer shall pay the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Grid Main Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVMENTS. Developer shall use commercially reasonable efforts to award a contract and complete the Grid Main Extension, under the approved plans and specifications, by November 30, 2013. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be C:\ Users \schwadp \AppData \Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook \BIDMAOQP \4 -3 -12 CMC -GRID MAIN EXTENSION CONSTRUCTION .docx Page 3 of 9 Grid Main Construction & Reimbursement Agreement CMC and the City completed thoroughly and promptly within 10 business days after the City receives written notice that a review or inspection is required. 8. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer -'s- professional- engineer- fails-to- submit-the -plans and -specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90t" calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before November 30, 2013. f. Either the City of Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give written notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the obligation or duty within 15 days of receipt of the notice, the City may (after providing written notice to Developer of City's election to perform such obligation or duty) perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due to Developer. C:\ Users \schwadp \AppData \Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook \BIDMAOQP \4 -3 -12 CMC -GRID MAIN EXTENSION CONSTRUCTION .docx Page 4 of 9 Grid Main Construction & Reimbursement Agreement CMC and the City e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any - structure -to be served by the project. 3. Perform any obligation or duty of the Developer under this Agreement and charge the cost of such performance to Developer. Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and it is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. until such time as the Grid Main Extension has been completed or the requirements of the UDC have otherwise been satisfied. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lighting; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within twenty (20) business days after the occurrence or waive the rights to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: C:\ Users \schwadp \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \BIDMAOQP \4 -3 -12 CMC -GRID MAIN EXTENSION CONSTRUCTION .docx 1. If to the Developer: Commercial Metals Company Attn: Paul Kirkpatrick 6565 N. MacArthur Blvd. Irving, Texas 75039 2. If to the City: City of Corpus Christi Page 5 of 9 Grid Main Construction & Reimbursement Agreement CMC and the City Attn: Assistant City Manager, Development Services 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 b. Notice required by this paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Grid Main Extension and the construction of the Grid Main Extension for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the internal appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the Grid Main Extension, not to exceed $415,070.00 See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of C:\ Users \schwadp \AppData \Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook \BIDMAOQP \4 -3 -12 CMC -GRID MAIN EXTENSION CONSTRUCTION .docx Page 6 of 9 Grid Main Construction & Reimbursement Agreement CMC and the City the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, and must have been inspected and accepted by the City, which inspection and acceptance shall not be unreasonably conditioned, delayed or held. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreementis terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by Developer. 16. INDEMNIFICATION. DEVELOPER, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES (HEREINAFTER CALLED "DEVELOPER ") SHALL FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, TO THE EXTENT CAUSED BY DEVELOPER OR WHICH ARE ALLEGED TO HAVE ARISEN OUT OF DEVELOPER'S NEGLIGENT PERFORMANCE UNDER THIS AGREEMENT. DEVELOPER SHALL, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS ALLEGED TO ARISE IN CONNECTION TO THIS AGREEMENT, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION WITH COUNSEL SATISFACTORY. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, CMC Subdivision Lot 4A, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. After completion of the Grid Main Extension pursuant to the terms of this Agreement. Developer will provide an original recordable release of this Agreement to the City. The City shall execute the release and return it to C:\ Users \schwadp \AppData \Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook \BIDMAOQP \4 -3 -12 CMC -GRID MAIN EXTENSION CONSTRUCTION .docx Page 7 of 9 Grid Main Construction & Reimbursement Agreement CMC and the City Developer after the City has reviewed the release and made changes, if any changes are necessary. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by Developer to another without the written approval and consent of the City's City Manager. which consent shall not be unreasonably withheld conditioned or delayed. 19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110 to complete, as part of this Agreement, the Disclosure of Ownership interest form attached hereto as Exhibit 5. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY. Each party hereto represents and warrants to the other that its signatory has the authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. This AGREEMENT shall be executed in triplicate, all original copies of which shall be considered one instrument. This* AGREEMENT becomes effective and is binding upon, and inures to the benefit of the CITY and PERMITEE, and their respective heirs, successors and assigns, from and after the date that all original copies have been executed by all signatories. In witness whereof, this license agreement has been duly authorized, executed, and delivered by the parties as of the respective dates appearing below. EXECUTED IN Triplicate originals this* day of , 2012. Signatures on pages 8 and 9. C:\ Users \schwadp \AppData \Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook \BIDMAOQP \43 -12 CMC -GRID MAIN EXTENSION CONSTRUCTION .docx Page 8 of 9 Grid Main Construction & Reimbursement Agreement CMC and the City Acceptance The above Agreement is hereby accepted and its terms and conditions agreed this the day of , 2012, by , on behalf of Commercial Metals Company. Commercial Metals Company agrees to keep and perform the conditions proposed by said Agreement and to be bound by all of the terms of same. By: THE STATE OF TEXAS § COUNTY OF NUECES § DEVELOPER: Commercial Metals Company 6565 MacArthur Blvd., Suite 800 Irving, Texas 75039 By: PA& Name: 11t Sokm)clt0 P1c Acrt This instrument was acknowledged before me on 4, , 2012, by Ow/4k, i /3-10 , on behalf of Commercial Metals Company. 464 Notary Public, State of T as wuu AAAAAA A.AAAAUAA.u..s. LOUISA M. GOMEZ Notary Public STATE OF TEXAS My Comm. Exp. 08,23.2014 C:\ Users \schwadp \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \BIDMAOQP \4 -3 -12 CMC -GRID MAIN EXTENSION CONSTRUCTION .docx Page 9 of 9 Grid Main Construction & Reimbursement Agreement CMC and the City CITY CITY OF CORPUS CHRISTI 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 826 -3222 ATTEST: By: By: Armando Chapa City Secretary THE STATE OF TEXAS COUNTY OF NUECES Ronald L. Olson City Manager This instrument was acknowledged before me on the _ day of , 2012, by Armando Chapa, City Secretary, for the City of Corpus Christi, a Texas Municipal Corporation, on behalf of the Corporation. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2012, by Ronald L. Olson, City Manager, for the City of Corpus Christi, a Texas Municipal Corporation, on behalf of the Corporation. Notary Public, State of Texas APPROVED AS TO FORM: This day of , 2012. Carlos Valdez, City Attorney By: Lilia K. Castro Assistant City Attorney C:\ Users \schwadp \AppData \Local \Microsoft\Windows \Temporary Internet Files\ Content.Outlook \BIDMAOQP \4 -3 -12 CMC -GRID MAIN EXTENSION CONSTRUCTION .docx REVISED AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: TO: FROM: 4/26/2012 Ronald L. Olson, City Manager Mark Van Vleck, Interim Director of Development Services MarkVV@cctexas.com (361) 826 -3246 Grid Main Extension Construction and Reimbursement Agreement with Commercial Metals Company, developer of CMC Subdivision Lot 4A CAPTION: Motion approving the Grid Main Extension Construction and Reimbursement Agreement submitted by Commercial Metals Company, owner and developer of CMC Subdivision Lot 4A, located north of Hwy. 44 (Agnes St.) on Bronco Road for the extension of an 8 -inch and 12 inch Grid Main line, including all related appurtenances. Ordinance appropriating $415,070.00 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Commercial Metals Company, for the extension of a 12 -inch grid main line, including all related appurtenances for development of CMC Subdivision Lot 4A, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement. BACKGROUND AND FINDINGS: Commercial Metals Company, Inc. is requesting a Grid Main Extension Construction and Reimbursement Agreement for the platting and development of CMC Subdivision Lot 4A, as shown on the final plat (Exhibit 1). The subdivision is located north of Hwy. 44 (Agnes St.) on Bronco Road. The proposed improvements will provide adequate water to the proposed Industrial development. A layout of existing and proposed improvements is included as Exhibit 3. The developer has submitted a Construction Cost Estimate (Exhibit 4) and supporting documentation in compliance with provisions of the Unified Development Code, Section 8.5.2. A total of 3,600 -feet of the proposed 8 -inch water line and a total of 7,300 -feet of the proposed 12 -inch water line are off -site and eligible for reimbursement. The total installation cost of off -site improvements submitted by the developer for the 8 -inch and 12 -inch water Line is $492,850.00. The water line will be part of the Grid Main and thus 100% reimbursable. The 8 -inch water line is eligible for a maximum reimbursement of an off -site extension to 50% of the total cost. Therefore, the maximum reimbursable amount will be $415,070.00. A detailed breakdown of the Engineer's cost estimate is included as Exhibit 4. A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the collection main construction and reimbursement agreement is approved by the City Council. REVISED ALTERNATIVES: Denial of the Grid Main Extension Construction and Reimbursement Agreement OTHER CONSIDERATIONS: Not applicable FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 867,727.55 867,727.55 Encumbered / Expended Amount 19,433.18 19,433.18 This item 415,070.00 415,070.00 BALANCE 433, 224.37 433, 224.37 Fund(s): Comments: A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the collection main construction and reimbursement agreement is approved by the City Council. CONFORMITY TO CITY POLICY: The owner and developer will be extending off -site water to serve the proposed development and has requested reimbursement of qualified construction costs, as provide in the Unified Development Code. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance RECOMMENDATION: Staff recommends approval of the motion and appropriation of funds as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Final Plat Application for Grid Main Reimbursement Plans and Specifications Engineer's Cost Estimate Grid Main Extension Construction and Reimbursement Agreement REVISED Page 1 of 2 AN ORDINANCE APPROPRIATING $415,070.00 FROM THE NO. 4030 WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE COMMERCIAL METALS COMPANY, FOR THE EXTENSION OF A 12 -INCH GRID MAIN LINE, INCLUDING ALL RELATED APPURTENANCES FOR DEVELOPMENT OF CMC SUBDIVISION LOT 4A, AS SPECIFIED IN THE WATER GRID MAIN LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $415,070.00 is appropriated from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse Commercial Metals Company, for the extension of a 12 -inch grid main line, including all related appurtenances for development of CMC Subdivision Lot 4A, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Signatures at next page. Joe Adame Mayor K: ADevelopmentSvcs \ SHARED \Legistar \CC May 8 \CMC REIMBURSEMENT AGREEMENT\ORD.CMC Appropriation re Water and Grid Main trust Fund.docx Page 2of2 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 David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal 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 David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor K:ADevelopmentSvcs \ SHARED \Legistar \CC May 8 \CMC REIMBURSEMENT AGREEMENT\ORD.CMC Appropriation re Water and Grid Main trust Fund.docx AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 10, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Schlitterbahn Water Park CAPTION: A) Ordinance appropriating $5,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), to be paid to Schlitterbahn's general partner North Padre WPH GP, LLC, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $5,000,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), which provides a grant of up to $5,000,000, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Schlitterbahn Business Incentive Agreement for the creation and retention of jobs PURPOSE: The Corpus Christi Business and Job Development Corporation will grant $5,000,000 to Schlitterbahn for infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code to encourage economic development. BACKGROUND AND FINDINGS: Schlitterbahn is proposing a new water park in Corpus Christi. They will invest $39,000,000 in the water park. This grant will partially pay for infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code required for the park. OTHER CONSIDERATIONS: The water park is an anchor for more planned improvements on the Island. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi. The Island is designated as a catalyst area by the Council. EMERGENCY / NON - EMERGENCY: EMERGENCY DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ 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 5,000,000 5,000,000 BALANCE 5,000,000 5,000,000 Fund(s): Type A Funds Comments: RECOMMENDATION: Staff recommends approval of this grant to Schlitterbahn Water Park for infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code in the amount of $5,000,000. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Type A Agreement Page 1 of 3 Ordinance Appropriating $5,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), to be paid to Schlitterbahn's general partner North Padre WPH GP, LLC, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $5,000,000; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $5,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Schlitterbahn's general partner, North Padre WPH GP, LLC, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs. SECTION 2. That Ordinance No. 029155, which adopted the FY 2011 -2012 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $5,000,000 for a business incentive grant from the Type A Corporation to Schlitterbahn's general partner, North Padre WPH GP, LLC, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs 0029_2_61 171c9e- d983- 43c1- a548- 87df54ce147c.docx Page 2of3 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Corpus Christi, Texas 0029_2_61 171c9e- d983- 43c1- a548- 87df54ce147c.docx Joe Adame Mayor Page 3 of 3 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0029_2_61 171c9e- d983- 43c1- a548- 87df54ce147c.docx AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 10, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Schlitterbahn Water Park CAPTION: A) Ordinance appropriating $5,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), to be paid to Schlitterbahn's general partner North Padre WPH GP, LLC, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $5,000,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), which provides a grant of up to $5,000,000, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Schlitterbahn Business Incentive Agreement for the creation and retention of jobs PURPOSE: The Corpus Christi Business and Job Development Corporation will grant $5,000,000 to Schlitterbahn for infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code to encourage economic development. BACKGROUND AND FINDINGS: Schlitterbahn is proposing a new water park in Corpus Christi. They will invest $39,000,000 in the water park. This grant will partially pay for infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code required for the park. OTHER CONSIDERATIONS: The water park is an anchor for more planned improvements on the Island. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi. The Island is designated as a catalyst area by the Council. EMERGENCY / NON - EMERGENCY: EMERGENCY DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ 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 5,000,000 5,000,000 BALANCE 5,000,000 5,000,000 Fund(s): Type A Funds Comments: RECOMMENDATION: Staff recommends approval of this grant to Schlitterbahn Water Park for infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code in the amount of $5,000,000. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Type A Agreement Page 1 of 3 Resolution Approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), which provides a grant of up to $5,000,000, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Schlitterbahn Business Incentive Agreement for the creation and retention of jobs WHEREAS, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Schlitterbahn for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs, will best satisfy this goal; WHEREAS, City Council deems that it is in the best interest of the City and citizens to approve the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Schlitterbahn; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Schlitterbahn. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Schlitterbahn that provides for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, which is attached to this resolution as Exhibit A, is approved. 0030_2_97b1 e308- 0602- 46c5- b262 -dl 57635ffcee.docx Page 2 of 3 SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Schlitterbahn, which is attached to this resolution as Exhibit B. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0030_2_97b1 e308- 0602- 46c5- b262 -dl 57635ffcee.docx Joe Adame Mayor Page 3 of 3 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0030_2_97b1 e308- 0602- 46c5- b262 -dl 57635ffcee.docx BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND NORTH PADRE WATERPARK HOLDINGS LTD FOR INFRASTRUCTURE CONSTRUCTION TO ENHANCE ECONOMIC DEVELOPMENT This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and North Padre Waterpark Holdings Ltd. ( "Schlitterbahn "), a Texas limited partnership. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ( "Type A Guidelines "), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, the Board, on November 9, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and criteria for Granting Business Incentives on November 9, 2010; WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 9, 2010; WHEREAS, Schlitterbahn is a major destination waterpark resort that will draw tourists and visitors from outside of the local area; WHEREAS, Schlitterbahn proposes to invest approximately $39 million over a 3 year period; WHEREAS, on May 4, 2012, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Schlitterbahn, through this Agreement with Schlitterbahn, to be used by Schlitterbahn to pay for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark and that will result in increased economic development and the creation of 40 new full -time permanent jobs and 300 seasonal jobs in the City of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and Schlitterbahn agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for three years beginning on the effective date. 3. Performance Requirements. a. Schlitterbahn agrees to use these funds to pay for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark . b. Schlitterbahn agrees to provide the Corporation with a sworn certificate by authorized representative of the business, certifying the amount used for infrastructure improvements. c. Schlitterbahn will provide the Corporation with a detailed list of infrastructure expenditures each year within 30 days of the anniversary of the effective date until the end of this agreement. 4. Grant Award. Page 2of9 a. The Board will grant Schlitterbahn the amount of $5,000,000 over the term of the agreement, to be paid to North Padre WPH GP, LLC, general partner of Schlitterbahn. b. One half of the grant ($2,500,000) will be awarded upon the Developer providing documentation that they have spent $5,000,000 for infrastructure improvements for the waterpark allowed under Section 501.103 of the Texas Local Government Code or have achieved 50% completion of the waterpark. 50% completion of the waterpark means that at least $10,000,000 has been spent on construction of the first phase of the waterpark. c. One half of the grant ($2,500,000) will be awarded upon the completion of the waterpark. Completion means that the Certificate of Occupancy for the waterpark has been issued by the City. 5. Buy Local Provision. a. Schlitterbahn agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 8. Warranties. Schlitterbahn warrants and represents to Corporation the following: a. Schlitterbahn is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Schlitterbahn has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Schlitterbahn has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Schlitterbahn has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. Page 3 of 9 e. The parties executing this Agreement on behalf of Schlitterbahn are duly authorized to execute this Agreement on behalf of Schlitterbahn. f. Schlitterbahn does not and agrees that it will not knowingly employ an undocumented worker. Schlitterbahn agrees to repay 7. Compliance with Laws. Schlitterbahn shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Schlitterbahn covenants and agrees that Schlitterbahn will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Schlitterbahn are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Schlitterbahn are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Except as provided below, Schlitterbahn may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of City, which approval will not be unreasonably withheld or delayed. The City agrees, however, that Schlitterbahn may assign all or part of its rights and obligations under this Agreement to any entity affiliated with Schlitterbahn by reason of controlling, being controlled by, or being under common control with Schlitterbahn or to a third party lender advancing funds for the construction or operation of the waterpark. The City expressly consents to any assignment described in the preceding sentence, and agrees that no further consent of City to such an assignment will be required. Schlitterbahn agrees to provide City with written notice of any such assignment. The foregoing notwithstanding, any assignment of Schlitterbahn's rights under this Agreement shall not release Schlitterbahn from its obligations hereunder. 11. Indemnity. Schlitterbahn covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Page 4 of 9 Schlitterbahn activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. Schlitterbahn must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default by Schlitterbahn. The following events constitute a default of this Agreement by Schlitterbahn: a. The Corporation or City determines that any representation or warranty on behalf of Schlitterbahn contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Schlitterbahn or any attachment or other levy against the property of Schlitterbahn with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Schlitterbahn makes an assignment for the benefit of creditors. d. Schlitterbahn files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Schlitterbahn become delinquent, and Schlitterbahn fails to timely and properly follow the legal procedures for protest or contest. f. Schlitterbahn changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that Schlitterbahn is in default according to the terms of this Agreement, the Corporation or City shall notify Schlitterbahn in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Schlitterbahn to cure the event of default. 14. Results of Uncured Default by Schlitterbahn. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Schlitterbahn, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Schlitterbahn shall immediately repay all funds paid by Corporation to them under this Agreement. Page 5 of 9 b. Schlitterbahn shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Schlitterbahn of all sums due, the Corporation and Schlitterbahn shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Schlitterbahn may be held liable for any consequential damages. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Schlitterbahn's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Schlitterbahn is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Schlitterbahn specifically agrees that Corporation shall only be liable to Schlitterbahn for the actual amount of the money grants to be conveyed to Schlitterbahn, and shall not be liable to Schlitterbahn for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as Page 6 of 9 requested. Payments to be made shall also require a written request from Schlitterbahn to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Schlitterbahn: North Padre Waterpark Holdings Ltd. Attn: Gary Henry 381 East Austin New Braunfels, Texas 78130 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Schlitterbahn will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Page 7of9 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Schlitterbahn. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Corpus Christi Business & Job Development Corporation By: Date: Robert Tamez Vice President Page 8 of 9 Attest: By: Armando Chapa Assistant Secretary Schlitterbahn By: North Padre WPH GP, LLC, general partner By: THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on )DtA , 2012, by Gary Henry, Manager of North Padre WPH GP, LLC, general partn of North Padre Waterpark Holdings Ltd for North Padre Waterpark Holdings Ltd., a Texas limited partnership, on behalf of the partnership. N ota rJ ublic State of Texas Page 9 of 9 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the Board, on October 18, 2010, again amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, North Padre Waterpark Holdings, Ltd ( "Schlitterbahn ") has submitted a proposal to the Type A Corporation for a $5,000,000 grant for investing in new infrastructure for the construction of a water park to promote economic development; Page 1 of 3 0030 4 50ba8b82 -275f- 4568- afd2- c772937b5f4b.docx WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Schlitterbahn's investing in new infrastructure for the construction of a water park to promote economic development; and WHEREAS, the Type A Corporation and Schlitterbahn has executed a business incentive project agreement for investing infrastructure for the construction of a water park to promote economic development. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and Schlitterbahn related to investing in new infrastructure for the construction of a water park to promote economic development Christi ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Type A Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or Page 2 of 3 0030 4 50ba8b82 -275f- 4568- afd2- c772937b5f4b.docx circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary 0030 4 50ba8b82 -275f- 4568- afd2- c772937b5f4b.docx Page 3 of 3 AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson (361) 882 -7448 mculbertson@ccredc.com Chapter 380 Agreement for Upper Padre Partners, LP and North Padre Waterpark Holdings, LLC CAPTION: Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Upper Padre Partners, LP, and North Padre Waterpark Holdings, LTD, ( "Agreement ") for certain economic development grants up to approximately $112,116,878 to be paid to Upper Padre GP, Inc, general partner of Upper Padre Partners, LP, for development of a Schlitterbahn waterpark resort project together with certain public improvements by Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD for the benefit of the City PURPOSE: The City of Corpus Christi will enter into a Chapter 380 agreement with Upper Padre GP, Inc and North Padre Waterpark Holdings, LLC for incentives to construct and operate a destination resort that includes a Schlitterbahn waterpark and other attractions. This agreement will provide for sharing certain tax revenues including the Maintenance and Operating ad valorem tax, the sales tax, and the Hotel Occupancy Tax over a 25 year term. This agreement will provide sharing of up to $112,116,878 in those districts through the maintenance and operating portion of the ad valorem tax, sales tax, hotel occupancy tax, construction sales tax, and waiving of development fees. BACKGROUND AND FINDINGS: Schlitterbahn Beach Country is planned to provide the essential elements of a true family destination on Upper Padre Island at Corpus Christi, Texas. The Park District Park District A contains the Schlitterbahn Waterpark. The Waterpark is approximately 75.119 acre waterpark resort that will be built in phases over a period of several years, whose initial components will feature a minimum capacity of three thousand simultaneous visitors, with future phases increasing the capacity based on demonstrated demand. The Waterpark will be based on the "Transportainment" model in place at each of the other Schlitterbahn Waterparks in which multiple entertainment elements and rides are integrated with each other, typically featuring tube chutes, momentum rivers, torrent rivers, slides, pools and aquaveyors (all based on proprietary technologies and patents). Other elements of the Waterpark include, but are not limited to, heated pools, children pools and play areas, and support areas such as food and beverage, dressing areas, shade structures, gift shops, admission areas and parking areas. The Waterpark also may include a hotel or theme -style designed lodging consistent with but not specifically limited to the Treehaus lodging located at Schlitterbahn New Braunfels or other theme -style designed lodging that may be developed by Developer. The mix of rides and attractions, and the integration of ride technology, of the Waterpark will be similar to other Schlitterbahn Waterparks. Park District B includes a golf course. The numbers of holes will be reduced but will remain at least a 9 -hole course. The IslandWalk District The IslandWalk District offers several use options from the canal side restaurants and retail to residential with rental units up to residential units lining the golf course. Residential units in this district will range from traditional canal side units, cottage clusters and pond and golf course residential. The creation of the IslandWalk canal creates a truly pedestrian experience that is not available elsewhere along the Texas Coast. The heart of the district is the 2,500 feet of canal on the west side of Park Road 22. Once completed, residents and tourists will use the canal system as a transportation system. In addition to walking along the canal, visitors will be able to dock their boats as they visit the various shops and restaurants or attend events on the IslandWalk. The Marina District The Marina District is designed as a mixed use marina development serving Padre Harbor and the IslandWalk. With its access to the Gulf of Mexico via Packery Channel, the Marina District is designed to include in- the -water boat slips and dry-stack boat storage. The Marina District will become the center of the boating community and will provide essential elements to the fishing and water sports visitors. The Marina District is envisioned to include restaurants, entertainment, retail and lodging. The Lodging facilities will be comprised of traditional apartment and hotel units as well as residential above retail. The location and configuration will be designed to offer a Live - Work -Play lifestyle. As the harbor side anchor of the IslandWalk those choosing to live in or visit the Marina District will have easy access to the pedestrian IslandWalk district and Schlitterbahn Beach Country. The Resort District The Resort District is designed as the resort residential district serving Upper Padre Island and Schlitterbahn Beach Country. The roughly 250 acres will be designed with full architectural design standards, mixed residential uses and resort quality lodging facilities. Cooper Robertson and Associates, the land planners of WaterColor and Water Sound in the Florida Panhandle, prepared the conceptual land plan for the Resort District. The Resort District will be subject to the City of Corpus Christi's zoning ordinance and unified development code prior to construction. In addition, any changes in the development plan will require Corps of Engineer permit modifications procedures. Accordingly there will be substantial public input prior to construction of the district. The Resort District plan contains the traditional bulk headed canal lots, canal lots with natural shore line and areas with fresh water ponds. In addition to the canal system the district will include pedestrian pathways, cart paths and open areas. The Resort District borders Commodores Drive, Aquarius Street and portions of the Laguna Madre. A portion of the Resort District fronts on a protected habitat and will be designed to add separation between the protected habitat and the developed property. OTHER CONSIDERATIONS: The waterpark will act as the anchor for more planned improvements on the Island. This will result in additional tourism and additional hotel nights for Corpus Christi CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi. The Island is designated as a catalyst area by the Council. EMERGENCY / NON - EMERGENCY: EMERGENCY DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® 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): RECOMMENDATION: Staff recommends approval of this Chapter 380 agreement with Upper Padre GP, Inc and North Padre Waterpark Holdings, LLC. LIST OF SUPPORTING DOCUMENTS: Resolution Certification of Funds (Not Required) Chapter 380 Agreement Page 1 of 2 Resolution Authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Upper Padre Partners, LP, and North Padre Waterpark Holdings, LTD, ( "Agreement ") for certain economic development grants up to approximately $112,116,878 to be paid to Upper Padre GP, Inc, general partner of Upper Padre Partners, LP, for development of a Schlitterbahn waterpark resort project together with certain public improvements by Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD for the benefit of the City WHEREAS, the City has established a program in accordance with Article III, Section 52 -a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ( "Chapter 380 ") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, City Council deems that the Agreement is in compliance with the City's Chapter 380 Economic Development Program Policy adopted by Resolution 028424 on November 17, 2009, and it is the best interest of the City and citizens to approve the Agreement with Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD, for certain economic development grants up to approximately $112,116,878 to be paid to Upper Padre GP, Inc, general partner of Upper Padre Partners, LP, for development of a Schlitterbahn waterpark resort project together with certain public improvements by Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD for the benefit of the City Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council declares the recital paragraphs of this Resolution to be true. The City Manager or the City Manager's designee is authorized to execute the Agreement, which is attached hereto as Exhibit A, with Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD for certain economic development grants up to approximately $112,116,878 to be paid to Upper Padre GP, Inc general partner of Upper Padre Partners, LP, for development of a Schlitterbahn waterpark resort project together with certain public improvements by Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD for the benefit of the City. This resolution takes effect upon City Council approval on this the day of , 2012. 0031 2 954436b8- 7f00- 42d4- a47e- 868de50f8d3a.docx Page 2of2 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0031 2 954436b8- 7f00- 42d4- a47e- 868de50f8d3a.docx CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND UPPER PADRE PARTNERS, LP AND NORTH PADRE WATERPARK HOLDINGS, LTD Page 1 of 25 CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This Chapter 380 Economic Development Incentive Agreement ( "Agreement ") is entered into as of , 2012 by and among the CITY OF CORPUS CHRISTI, TEXAS, a home rule city ( "City "), UPPER PADRE PARTNERS, L.P., a Texas limited partnership ( "Upper Padre Partners "), and NORTH PADRE WATERPARK HOLDINGS, LTD, a Texas limited partnership ( "Operator" and together with Upper Padre Partners, the "Developer "). RECITALS WHEREAS, the Developer desires to develop SCHLITTERBAHN BEACH COUNTRY as more particularly described in the conceptual plan for the project attached hereto as Exhibit "A" (the "Project" as more particularly defined below), in Corpus Christi, Texas; and WHEREAS, the City has established a program in accordance with Article III, Section 52 -a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ( "Chapter 380 ") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, the Corpus Christi City Council has adopted Resolution No. authorizing City to make certain economic development grants up to approximately $112,116,878 to Developer in recognition of, conditioned upon and derived from the positive economic benefits that will accrue to City through Developer's development of a waterpark resort project together with certain public improvements for the benefit of City, at an approximate Capital Investment by Developer of $552,000,000, all as more particularly described herein on EXHIBIT "A;" and WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") has entered into a separate Business Incentive Agreement with Operator, attached hereto as EXHIBIT "B," in which the Type A Corporation agrees to reimburse Operator for the costs of certain infrastructure improvements related to the Park District only, as authorized by Chapter 501 of the Local Government Code and approved by the Type A Corporation, in an amount not to exceed Five Million Dollars ($5,000,000); and WHEREAS, the payments to Developer under this Agreement are exclusively performance -based so that no payments will be made to Developer until and unless the Districts or features within the Districts, as described below are constructed and operated, resulting in tax revenues from each completed District or feature which then will provide income to the City and the payments to Developer, described herein. WHEREAS, Developer estimates the total Capital Investment in the Project (as defined herein) will be approximately Five Hundred Fifty Two Million Dollars ($552,000,000), which includes the following: 1) approximately Seventy Million Eight Hundred Seventy -Two Thousand Dollars ($70,872,000) in Capital Investment for the "Park District," as defined herein, of the Project, within which a) "Park District A," as defined herein, shall not include a golf course and b) "Park District B," as defined herein, shall include a golf course; and Page 2 of 25 2) approximately One Hundred Eighteen Million Dollars ($118,000,000) in Capital Investment for the "IslandWalk District," as defined herein, of the Project; and 3) approximately One Hundred Eighty-Seven Million Three Hundred Forty -Three Thousand Dollars ($187,343,000) in Capital Investment for the "Resort District," within which a) approximately Ninety -Six Million Five Hundred Eighty-Nine Thousand Dollars ($96,589,000) will be invested in "Resort Rentals," as defined herein, and b) approximately Ninety Million Seven Hundred Fifty -Four Thousand Dollars ($90,754,000) will be invested in "Resort Residential," as defined herein, of the Project; and 4) approximately One Hundred Seventy Five Million Dollars ($175,000,000) in Capital Investment for the "Marina District," as defined herein, of the Project, all as more particularly described herein and in the field notes and metes and bounds attached hereto as EXHIBIT "C," provided however that except for the Park District, which will be developed strictly as defined herein, the features within the IslandWalk District, the Resort District and the Marina District may be built in a different District than as defined herein, within the Project boundaries; and WHEREAS, the City has concluded and hereby finds that this Agreement promotes economic development in the City of Corpus Christi and, as such, meets the requirements under Chapter 380 and the City's established economic development program, and, further, is in the best interests of the City, Operator and Developer; and WHEREAS, the City recognizes the positive economic impact that the Project will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional tax revenue generated by the Project for the City; and WHEREAS, in consideration of the development, construction and building of the Park District, the IslandWalk, the Resort District and the Marina District, which will assist in stabilizing the existing Sales Tax Revenues, Property Tax Revenues and Hotel Occupancy Tax Revenues (as defined herein) to the City and create approximately 40 full time and 300 part time jobs located at the Project, the City agrees to use such funds in order to provide the Reimbursement Amount (as defined herein) to the Developer directly in the amount described in Article V of this Agreement; and WHEREAS, to ensure that the benefits the City provides under this Agreement are utilized in a manner consistent with Article III, Section 52 -a of the Texas Constitution, Chapter 380 and other law, the Developer has agreed to comply with certain conditions to the payment of those benefits; NOW, THEREFORE, in consideration of the mutual benefits described in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City, Developer and Operator agree as follows: ARTICLE I REPRESENTATIONS 1.1 Representations of the City. The City hereby represents to the Developer that as of the date hereof (A) The City is a duly created and existing municipal corporation and home rule municipality of the State of Texas under the laws of the State of Texas and is duly qualified and authorized to carry on the governmental functions and operations as contemplated by this Agreement. Page 3 of 25 (B) The City has the power, authority and legal right under the laws of the State of Texas and the City Charter to enter into and perform this Agreement and the execution, delivery and performance hereof (i) will not, to the best of its knowledge, violate any applicable judgment, order, law or regulation, and (ii) do not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any assets of the City under any agreement or instrument to which the City is a party or by which the City of its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the City and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to of affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. (D) The execution, delivery and performance of this Agreement by the City do not require the consent or approval of any person which has not been obtained. 1.2 Representations of the Developer. The Developer hereby represents to the City that as of the date hereof; (A) The Developer is duly authorized and existing and in good standing as limited partnerships under the laws of the State of Texas, and shall remain in good standing in the State of Texas during the Term of this Agreement. (B) The Developer has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof, (i) have been duly authorized, and will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to the Developer or of the provisions of Developer's partnership agreement or instrument to which Developer is a party or by which it may be bound, and (ii) do not constitute a default under or result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the Developer under any agreement or instrument to which the Developer is a party or by which the Developer or its assets may be bound or affected. (C) (1) The Developer agrees to evidence, no later than the date it Commences Construction of the Waterpark feature of the Park District, which evidence is subject to the administrative approval of the City or its designee(s), whose approval shall not unreasonably be withheld, sufficient available funds to perform its obligations under Section 4.1 (B) herein to Complete the Waterpark feature of the Park District, at the time it needs to have the funds in order to do so. (2) The Developer agrees not to Commence Construction on a major component of any District (other than the Waterpark feature of the Park District) without evidence, which evidence is subject to the administrative approval of the City or its designee(s), whose approval shall not unreasonably be withheld, of sufficient available funds to Complete each said major component, at the time it needs to have the funds in order to do so. (D) This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of the Developer, enforceable in accordance with its terms except to the extent that (1) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to Page 4 of 25 or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. ARTICLE II DEFINITIONS The recitals to this Agreement are hereby incorporated for all purposes. The terms, "Agreement," "Chapter 380," "City," "Developer," "Operator," "Project," and "Schlitterbahn Beach Country" shall have the above meanings, and the following words or phrases shall have the following meanings: 2.1 "Act of Default" or "Default" means failure to timely, fully, and completely comply with one or more requirements, obligations, performance criteria, duties, terms, conditions or warranties, as stated in this Agreement. 2.2 "Annual Approved Spending Plan" means a detailed plan stating Developer's proposed use of Hotel Occupancy Tax revenues to be spent on the Project, accompanied by an opinion by the Texas Attorney General or other legal opinion, the source of which is agreed upon by Developer and City, confirming that said Spending Plan complies with the terms of Section 351 of the Texas Tax Code, as it may be amended from time to time, applicable to the Hotel Occupancy Tax Revenues. 2.3 "Assessed Taxable Value" means the taxable assessed ad valorem tax values set annually by the Nueces County Appraisal District with respect to the Property, improvements, and tangible personal property (with a depreciation schedule of seven [7] years or greater) included in each District of the Project, including all itprovements now or hereafter included therein, but excluding any assessed value attributable to the Property as of January 1, 2012 and excluding any assessed value attributable to inventory. 2.4 "Certificate of Occupancy" shall mean that document entitled "Certificate of Occupancy" (or other similar title) issued by City upon substantial completion of certain portions of the Project in accordance with all applicable codes, regulations, and ordinances of City. A Certificate of Occupancy shall not include a certificate issued in error, mistake or misrepresentation of facts, but shall include any temporary certificate of occupancy or other document authorizing temporary or conditional occupancy. 2.5 "Chapter 380 Payment(s)" means the amount(s) payable by City to Developer under Article V of this Agreement, to be paid from Sales Tax Revenue, Property Tax Revenue, Hotel Occupancy Tax Revenue and Construction Sales Tax Revenue from local construction suppliers only. 2.6 "Commence Construction" means (i) to commence the work of constructing the improvements or features with all approvals thereof required by applicable governmental authorities obtained as necessary; (11) a notice to proceed has been issued to the contractor; (iii) onsite construction of the site development components (such as drainage, extensive grading or utilities) is underway and being pursued; and (iv) sufficient available funds are evidenced as required in Section 1.2 (C) herein. 2.7 "Completion" means, to any other major component or feature of the Project, to any improvement or feature as to which Commence Construction has occurred, (i) substantial completion of said particular structure in accordance with the terms of this Agreement and the plans and specifications therefor, (ii) issuance of Certificates of Occupancy for the improvements or features for which Certificates of Occupancy may be issued, and (iii) the improvement or feature is Open for Business. 2.8 "Compliance" means timely, fully and completely performing or meeting each and every term, requirement, obligation, performance criteria, duty, condition or warranty as stated in this Agreement. Page 5 of 25 2.9 "Construction Sales and Use Tax Revenues" means the locally paid portion of sales and/or use tax revenues paid to the City by the Texas State Comptroller as the result of purchases of taxable items in connection with the construction of an improvement or feature of a District of the Project during the term of the Agreement, with a goal to use suppliers and providers local to Corpus Christi. 2.10 "Continuously Operate" means (i) seasonal operation of the Waterpark in accordance with the standards of operation of comparable facilities, without interruption for any reason other than Down Times and (ii) possession of all personal property and inventory necessary for the operation of the Waterpark in accordance with the standard of operation of comparable facilities. 2.11 "Development Fees" means any and all fees imposed by City upon Developer (including but not limited to Developers affiliates, assigns, successors, related parties, contractors and subcontractors) in any way related to Developer's platting, zoning, permitting, designing, building, constructing or developing the Project. Development Fees shall include but not be limited to permitting/approval fees, inspection fees and supervision fees. 2.12 "District(s)" means, collectively or individually, as used in context herein, the Park District, the IslandWalk District, the Resort District and the Marina District. 2.13 "Down Times" means temporary cessation of operation of all or substantially all of a facility for, and only for, limited periods of time for the limited purpose of, and only for the limited purpose of, one or more of the following circumstances for the applicable period specified below: (a) during the period following any fire or other casualty or condemnation or other exercise by a governmental authority of the power of eminent domain, to the extent, and only to the extent, necessary to adjust the claim and take other actions related to the repair and restoration of the facility; (b) as a result of such commercially reasonable interruptions for repairs, remodeling or installation of new equipment as are incidental to the normal operation of the facility after notice to the City with regard thereto; (c) during any period required by applicable law, to the extent, and only to the extent, that the necessity of compliance is not the result of Developer's failure to timely fulfill its obligations under this Agreement; (d) in keeping with the standard hours and days of operation of comparable facilities taking into account the seasonal nature of the Project and the fact that operation of portions of the Project are subject to weather conditions; or (e) during any period of Force Majeure or during any period Developer, Operator or any other operator of any element of the Project reasonably deems it is socially irresponsible to operate all or part of the facilities due to circumstances which are not Force Majeure but under which a socially responsible operator would temporarily curtail or cease operations, such as if a pervasive flu or other communicable illness were present or threatened; provided, however, that during the Down Times described in clauses (a) through (e) above, Developer and Operator shall (i) use their commercially reasonable efforts to minimize the disruption of such Down Time and (ii) use their commercially reasonable efforts to minimize the disruption to the areas of the facility which remain open to the public, if any, and the services, aesthetic appearances and public and guest access to and in such portions of the facility. 2.14 "Effective Date" means the first date by which this Agreement has been signed by all of the parties hereto. Page 6 of 25 2.15 "Federal Bankruptcy Code" means Title 11, United States Code, as amended, and any successor statute. 2.16 "Fiscal Year" shall mean the twelve consecutive month period designated by the City as its fiscal year. As of the date of this Agreement, the City's fiscal year commences on August 1 and ends on the next succeeding July 31. 2.17 "Force Majeure" means any act that (a) materially and adversely affects the affected Party's ability to perform the relevant obligations under this Agreement or delays such affected Party's ability to do so, (b) is beyond the reasonable control of the affected Party, (c) is not due to the affected Party's negligence or willful misconduct and (d) could not be avoided by the Party who suffers it by the exercise of commercially reasonable efforts (provided that such commercially reasonable efforts shall not require such Party to expend a material amount of money to avoid the act giving rise to a Force Majeure). Subject to the satisfaction of the conditions set forth in (a) through (d) above, Force Majeure shall include but not be limited to: (i) natural phenomena, such as storms, floods, lightning and earthquakes; (ii) wars, civil disturbances, revolts, insurrections, terrorism, sabotage and threats of sabotage or terrorism; (iii) transportation disruption, whether by ocean, rail, land or air; (iv) strikes or other labor disputes that are not due to the breach of any labor agreement by the affected Party; (v) fires; (vi) the unavailability of necessary and essential equipment and supplies; (vii) a breach by the City of this Agreement or any other actions, omissions of or delays by a Governmental Authority (including the actions of City in its capacity as a Governmental Authority) that were not voluntarily induced or promoted by the affected Party, or brought about by the breach or noncompliance by the affected Party of its obligations under this Agreement or any applicable law; and (viii) failure of the other Party to perform any of its obligations under this Agreement within the time or by the date required pursuant to the terms of this Agreement for the performance thereof; provided, however, that under no circumstances shall Force Majeure include any of the following events: (A) economic hardship; (B) changes in market condition; or (C) weather conditions which could be anticipated by experienced contractors operating at the relevant location and exercising commercially reasonable business judgment. 2.18 "Hotel" means one or two hotels rated by Smith Travel Research in a category at or above "Midscale," provided, however, that if Smith Travel Research shall no longer publish United States hotel ratings, a rating publication mutually agreeable to City and Developer shall be substituted. 2.19 "Hotel Occupancy Tax Revenues" means the seven percent (7 %) Hotel Occupancy Tax revenues derived from the operation by Developer, other person or entity of a completed feature of a District of the Project for the Term of the Agreement received by City from the imposition by City of a municipal sales and use tax on the price paid for use or possession of rooms in a hotel or other transient lodging accommodations at a rate of seven percent (7 %) pursuant to Chapter 351, Texas Tax Code, as it may be amended from time to time, or any successor statute but does not mean the additional two percent (2 %) collected for certain other properties not related to the Project. 2.20 "Insolvent" means failure to timely pay debts in the ordinary course of business or failure to pay all debts when and as they become due, or insolvent within the meaning of the Federal Bankruptcy Code. 2.21 "IslandWalk District" means an approximately 94.628 acre recreational mixed -use area that may include additional theme -style designed lodging similar to Treehaus lodging, related indoor and outdoor Resort Retail, restaurant space and which may include one or more Hotels; 2.22 "Licensing Agreement" has the meaning assigned to such term in Article IV. Page 7 of 25 2.23 "Management Agreement" has the meaning assigned to such term in Article IV. 2.24 "Marina District" means an approximately 91.587 acre marina area and associated water and which may include one or more Hotels. 2.25 "Maximum City Commitment" shall mean the Iargest commitment due by the City to the Developer as determined in Article V. 2.26 "Open for Business" means open for full -time business operations with products and /or services that are necessary for Continuous Operation of the Waterpark. 2.27 "Park District" means (1) "Park District A:" the part of the Park District that does not include a golf course and from which tax revenues may be generated as stated herein that will be included in the computation of the Reimbursement Amount (as defined herein) to be paid to Developer as stated herein and on which said Reimbursement Amounts can be spent by Developer as stated herein; together with (2) "Park District B:" the part of the Park District that includes a golf course and from which tax revenues shall not be generated as stated herein for purposes of computation of the Reimbursement Amount to be paid to Developer as stated herein and on which said Reimbursement Amounts can be spent by Developer as stated herein. 2.28 "Property Tax Revenues" means the the M &O portion only of the City ad valorem taxes attributable to a completed feature of a District of the Project for the Term of the Agreement and collected by the City in each Fiscal Year. 2.29 "Reimbursement Amount" shall mean the portion of the Property Tax Revenues, Sales Tax Revenues, Hotel Occupancy Tax Revenues and Construction Sales Tax Revenues (from local construction suppliers only) that the City agrees to pay to the Developer during the Term of the Agreement, but limited to the maximum City Commitment as stated herein, if the Developer satisfies the conditions thereto stated in this Agreement. The Reimbursement Amount shall not include any: i) sales and use taxes received by the City for crime control and prevention or pursuant to Sections 4A or 4B of the Development Corporation Act; and ii) utilities revenues and other fees collected by the City from the Project. 2.30 "Reimbursement Account" shall mean the special account created by the City as described in Article V of this Agreement. 2.31 "Resort District" means the approximately 231.899 acre area of the Project that includes both "Resort Lodging" and residential units. 2.32 "Resort Lodging" means any lodging unit, rented for less than thirty (30) days at one time, that generates Hotel Occupancy Tax Revenues for the City. 2.33 "Resort Retail" means the sale of goods and services by retailers of varying types each of whose site square footage shall not exceed 20,000 square feet, an exception to which may be made subject to approval by the City Manager or his or her designee. 2.34 "Resort Residential" means any residential unit that does not generate Hotel Occupancy Tax Revenues for the City and from which Property Tax Revenues shall not be generated as stated herein for purposes of computation of the Reimbursement Amount to be paid to Developer as stated herein. Page 8 of 25 2.35 "Sales Tax Revenues" means all revenues attributable to a completed feature of a District of the Project for the Term of the Agreement and collected by City from the imposition by City of a municipal sales and use tax at a rate of one percent (1 %) pursuant to Section 321.101(a) and Section 321.103, Texas Tax Code, as amended, or any successor statute; provided, however, that if City ever elects to impose a sales and use tax at a rate other than one percent, then, instead of being based on a sales and use tax at a rate of 1 %, Sales Tax Revenues shall be computed on the actual sales and use tax rate imposed by the City. If the sales and use tax of the City are wholly or partially replaced by the City, then revenues from the replacement tax will be included with sales and use tax revenues received by the City to determine the Sales Tax Revenues received by the City for purposes of calculating Sales Tax Revenues under this Agreement. 2.36 "Schlitterbahn Waterpark" or "Waterpark" means an approximately 75.119 acre waterpark resort that will be built in phases over a period of several years, whose initial components will feature a minimum capacity of three thousand (3000) simultaneous visitors, with future phases increasing the capacity based on demonstrated demand. The Waterpark will be based on the "Transportainment" model in place at each of the other Schlitterbahn Waterparks in which multiple entertainment elements and rides are integrated with each other, typically featuring tube chutes, momentum rivers, torrent rivers, slides, pools and aquaveyors (all based on proprietary technologies and patents). Other elements of the Waterpark include, but are not limited to, heated pools, children pools and play areas, and support areas such as food and beverage, dressing areas, shade structures, gift shops, admission areas and parking areas. The Waterpark also may include a hotel or theme -style designed lodging consistent with but not specifically limited to the Treehaus lodging located at Schlitterbahn New Braunfels or other theme -style designed lodging that may be developed by Developer. The mix of rides and attractions, and the integration of ride technology, of the Waterpark will be similar to other Schlitterbahn Waterparks. 2.37 "Term" means the period defined in Article III of this Agreement. 2.38 "Treehaus" means theme -style designed lodging consistent with but not specifically limited to the Treehaus lodging located at Schlitterbahn New Braunfels or other theme -style designed lodging that may be developed by Developer. 2.39 "TRZ" means the Reinvestment Zone Number Two, City of Corpus Christi, Texas adopted November 14, 2000 by City Ordinance No. 024270. 2.40 "Type A Business Incentive Agreement" means an agreement between Developer and Operator and the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") in which the Type A Corporation agrees to reimburse Operator for the costs of certain infrastructure improvements related to the Schlitterbahn Waterpark part of the Project only, authorized by Chapter 501 of the Local Government Code and approved by the Type A Corporation in an amount not to exceed Five Million Dollars ($5,000,000). ARTICLE III TERM The term of this Agreement (the "Term ") will begin on the Effective Date and will terminate upon the first to occur of (a) Twenty Five (25) full calendar years after the Effective Date; (b) payment in full from City to Developer of the entire City Commitment contemplated herein; or (c) termination as provided for herein. ARTICLE IV DEVELOPER REQUIREMENTS Page 9 of 25 4.1 Development of Districts. If the Developer performs the following requirements, pertaining to a District, City agrees to pay the Chapter 380 Payments as stated in this Agreement with respect to said District: (A) If Developer achieves Completion of the Waterpark within the time frame described below, subject to extension for Force Majeure and delay due to meeting governmental environmental compliance requirements, Developer shall receive the Chapter 380 Payments as stated herein. Should Developer fail to achieve Completion of the Waterpark within this time frame Developer shall forfeit all Chapter 380 Payments and this Agreement shall terminate. (B) Developer must Commence Construction of the Waterpark feature of the Park District no later than nine (9) months after the Effective Date of this Agreement, subject to extension upon approval by the City Manager or his or her designee, and must reach Completion of the Waterpark no later than Twenty Four (24) months after it Commences Construction, subject to extension upon approval by the City Manager or his or her designee. Notwithstanding the foregoing, this Section 4.2 (B) is subject to whole or partial exception only if approved by Resolution of the Corpus Christi City Council. (C) The Developer shall pay, or cause third parties to pay, its engineering, planning, accounting, architectural, legal fees and expenses, survey, testing, laboratory costs, license fees, land clearing and grading costs, advertising and other bidding costs, amounts due under construction contracts, costs of labor and material, insurance premiums, interest, carry cost, financing fees and other costs and expenses incurred in connection with the construction of Developer improvements and features in a District. (D) If requested by the City, the Developer must reasonably assist the City in the preparation of any documentation necessary to enable the City to prepare and obtain approval of any of the documents or actions required of the City to perform any of its obligations under this Agreement. The City shall not be responsible for any of such costs out of its current revenues or other sources, except in accordance with payment of Chapter 380 Payments to the Developer as provided in this Agreement. (E) Upon Completion of the Project and during the term of this Agreement, the Developer shall maintain the property, improvements and premises in a commercially reasonable manner, comparable to the maintenance of similar establishments, and minimize Down Times. (F) Developer may spend Chapter 380 Payments received as Reimbursement Amounts or in satisfaction of other City Commitment on improvements or other lawful uses only within the Project boundaries. 4.2 Operational Requirement. During the Term following Completion of a Schlitterbahn Waterpark in the Park District, a Schlitterbahn Waterpark must be Continuously Operated in the Park District, subject to Force Majeure. If a Schlitterbahn Waterpark once in operation is not Continuously Operated during any calendar year, subject to Force Majeure, then upon written notice thereof being given to Developer by the City and the failure of Developer, within sixty (60) after the city gives said notice, to commence Continuous Operation of the Schlitterbahn Waterpark, Developer shall not be entitled to any Chapter 380 Payments for the remainder of the Term unless Developer obtains a Variance under Section 13.15 herein. 4.3 Trade name and Related Matters. Prior to when Developer Commences Construction of the Park District, (and as a condition precedent to such being deemed to have occurred), Developer shall enter into a management agreement (the "Management Agreement ") and a licensing agreement (the "Licensing Agreement ") with the Operator. Page 10 of 25 4.4 Licensing. The Licensing Agreement will provide that (i) Developer and its successors will have a license to use the "Schlitterbahn" name in connection with the Waterpark for the entire Term of this Agreement, subject to compliance with the terms and conditions of the Licensing Agreement and (ii) Developer and its successors will have the right for the entire Term of this Agreement to purchase rides that use the most current patented ride technology and trade secret technology developed by Operator or its affiliates (or such other entity which supplies the majority of the rides to Schlitterbahn waterparks even if such entity is not an affiliate of Operator) that is available from time to time to all other waterparks operating under the "Schlitterbahn" name (and once purchased, Developer and its successors retains the rights to use such equipment regardless of the existence of the Management Agreement or Licensing Agreement). If, prior to the expiration of the Term of this Agreement, (i) the Licensing Agreement is terminated or expires for any reason or (ii) Developer is no longer permitted to use the "Schlitterbahn" name or technology in connection with the Waterpark, then upon written notice thereof being given to Developer by the City and the failure of Developer, within sixty (60) after the city gives said notice, to re- establish its right to use the "Schlitterbahn name" or technology in connection with the Waterpark, Developer shall not be entitled to any Chapter 380 Payments for the remainder of the Term unless Developer obtains a Variance under Section 13.15 herein. 4.5 Management. The Management Agreement will provide that (i) Developer and Operator will include the terms "Schlitterbahn" and "Corpus Christi" in the signage and promotional materials pertaining to the Waterpark so long as the Licensing Agreement is in full force and effect and (ii) the Operator will operate the Waterpark and will, among other things, provide the employees and the expertise and management required for such operation. If the Management Agreement is terminated or expires during the Term of this Agreement or if the Henry family ceases to control the operations and policies of the Operator during the Term of this Agreement, City shall have the right to approve the replacement operator or the replacement party who does so control the operations and policies of the Operator, as applicable, provided in all events City shall exercise its approval right in a reasonable manner. If City and Developer are not able to agree on a replacement operator or a replacement control party for Operator within sixty (60) days following the recommendation of Developer or Operator, as applicable, Developer may proceed to retain the replacement operator or Operator may transfer control to the replacement control party, as applicable, but City may elect to suspend payment of any further Chapter 380 Payments for the Park District and any expansion of the Park District until such time as Developer demonstrates to City that (i) the attendance at the Waterpark for a twelve (12) month period, while operated by the replacement operator or by Operator with a replacement control party, is 80% of or greater than the average attendance at the Waterpark achieved by the Operator during the thirty-six (36) month period prior to said suspension and (ii) the Waterpark is operated and maintained to the same standards of operation, maintenance and aesthetics as the Schlitterbahn waterparks in South Padre Island, Texas and Kansas City, Kansas, including with respect to safety. The sum of any said suspended Chapter 380 Payments shall be paid to Developer upon demonstration that the replacement operator has met the requirements set out in (i) and (ii) herein. A replacement operator or replacement control party for Operator shall, at a minimum, have an executive management team which controls the operations and policies of the replacement operator or be a replacement control party that includes persons who have significant experience operating waterparks, amusement parks or resorts with destination water or amusement- related amenities, in each case, which waterparks, amusement parks or resorts with destination water or amusement - related amenities have a capacity to service in excess of 3,000 simultaneous visitors. 4.6 Height Restriction. No Waterpark play feature in the Park District shall exceed a completed height of Sixty (60) feet unless the Corpus Christi City Council passes a Resolution approving an exception to this height restriction. If a Waterpark play feature built by Developer in the Park District exceeds this Sixty (60) foot height restriction, and no exception to this restriction is approved by the Corpus Christi City Council as stated herein, then Developer will be in Default under this Agreement and Developer will have the opportunity to cure the Default as set out in Section 11.1 herein and City will be entitled to exercise its Page 11 of 25 remedies as set out in Section 11.1 herein. Additionally, if a Waterpark play feature built by Developer in the Park District exceeds this Sixty (60) foot height restriction, and no exception to this restriction is approved by the Corpus Christi City Council as stated in this Section, Developer may seek a Variance under Section 13.15 herein. If a Waterpark play feature built by Developer in the Park District exceeds this Sixty (60) foot height restriction and no exception to this restriction is approved by the Corpus Christi City Council as stated in this Section, Developer fails or refuses to timely cure under Section 11.1 herein, and no extension to cure is approved by the Corpus Christi City Council under Section 11.1 herein, and no Variance is granted or approved by the Corpus Christi City Council under Section 13.15 herein, then this Agreement shall terminate, all right by Developer to receive Chapter 380 Payments shall cease and Developer shall be required to refund the City any Chapter 380 Payments previously paid to it by the City prior to the date Developer received written notice by the City of such Default. 4.7 Required Buffer Zone. A buffer area 110 less than four hundred (400) feet wide shall be preserved and maintained for the Term of this Agreement between any vertical Waterpark play feature taller than the maximum height of a standard two story residence, as defined in the Corpus Christi Unified Development Code, and any platted single family residential lot existing of record on the Effective Date of this Agreement. 4.8 Utilization of Local Contractors and Suppliers. Developer and Operator agree to use their best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 4.9 Utilization of Disadvantaged Business Enterprises; Small Business Initiatives. The Developer and Operator agree to exercise reasonable efforts in utilizing contractors and suppliers in the construction of the Project that are determined to be disadvantaged business enterprises, including minority business enterprises, women -owned business enterprises and historically- underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer and Operator agree to encourage sub - contractors to do the same. 4.10 Compliance with City Standards. Developer acknowledges that, unless specifically otherwise provided in this Agreement, development of the Project must comply with all applicable City codes and ordinances. For any development requirements not covered in this Section or in the remainder of the Agreement, the applicable City code and ordinance provisions shall control. 4.11 Resort Rentals Ownership. Resort Rental properties may be owned by Developer, another person or entity for rentals by customers of less than thirty (30) days at a time. Hotel Occupancy Tax Revenues and the M &O portion of Property Tax Revenues generated by Completed Resort Rental properties owned by Developer, another person or entity and rented as stated herein are eligible for the Chapter 380 Payments to Developer as stated herein. Hotel Occupancy Tax Revenues, but not any Property Tax Revenues, generated by Completed Resort Rental properties owned by persons other than Developer and rented as stated herein are eligible for the Chapter 380 Payments to Developer as stated herein. ARTICLE V PROJECT FINANCING AND FUNDING Page 12 of 25 5.1 Project Financing: Reimbursement Account / Reimbursement Amount. The City hereby covenants and agrees upon the Effective Date of this Agreement to create a special account (the "Reimbursement Account ") for the benefit of the Developer for the purpose of paying the Reimbursement Amount. The City shall fund the Reimbursement Account through the Term of this Agreement from the following sources and in the following manner: i) with respect to the portion of the Reimbursement Amount calculated based on the M &O portion only of the Property Tax Revenues, the City shall annually fund the Reimbursement Account from the M &O portion only of the Property Tax Revenues collected from the Districts within the Project boundaries for the Tenn of this Agreement; ii) with respect to the portion of the Reimbursement Amount calculated based on the Sales Tax Revenues, the City shall timely fund the Reimbursement Account in an amount equal to the Sales Tax Revenues from the Sales Tax Revenues collected from the Districts within the Project boundaries for the Tenn of this Agreement; iii) with respect to the portion of the Reimbursement Amount calculated based on the Hotel Occupancy Tax Revenues, the City shall timely fund the Reimbursement Account in an amount equal to the Hotel Occupancy Tax Revenues from the Hotel Occupancy Tax Revenues collected from the Districts within the Project boundaries for the Term of this Agreement; and iv) with respect to the portion of the Reimbursement Amount calculated based on the Construction Sales Tax Revenues, the City shall timely fund the Reimbursement Account in an amount equal to the Construction Sales Tax Revenues from the Construction Sales Tax Revenues collected from the Districts within the Project boundaries for the Term of this Agreement. The City shall establish a separate bank account for Reimbursement. This bank account shall always remain unencumbered by the City and segregated from all other funds of the City. 5.2 City Commitment. (A) Pursuant to its authority under Chapter 380, the City hereby agrees to pay the Reimbursement Amount to the Developer. It is intended by the parties that the Reimbursement Amount will be paid by the City solely out of the Reimbursement Account and used to make Chapter 380 Payments to the Developer as provided in this Agreement (the "City Commitment "). The City Commitment will commence upon Completion and will continue through and until the Reimbursement Amount has been paid. The City agrees that it will pay the Reimbursement Amount during the term of this Agreement, as an unconditional obligation of the City (but solely from the Reimbursement Account), if the Project is Commenced and Completed as required herein and generates the Reimbursement Amount. (B) The Parties agree that the maximum City Commitment per District shall be as stated in Section 5.3 herein, and such obligation on behalf of the City will be limited solely to the funds deposited into the Reimbursement Account pursuant to this Agreement. Upon such time as the City has paid the maximum City Commitment per District in full, the City shall have no further obligation under this Agreement for that District. (C) Sales Tax Revenues. During the Term of this Agreement, the City shall determine semi- annually the amount of the Sales Tax Revenues attributable to features of each District within the Project boundaries completed during the Term of this Agreement from information provided by the State Comptroller and in cooperation with the Developer and the State Comptroller. The City and Developer agree to cooperate in any way necessary to receive information from the Comptroller necessary to determine said Sales Tax Revenue, including the filing or submittal of any forms or letters necessary to determine the incidence of local sales and use taxes. The City hereby agrees to deposit timely the Sales Tax Revenues portion of the City Commitment for each District in the percentages stated in Section 5.3 herein into the Reimbursement Account, and hereby pledges such fund to the payment of the City Commitment as provided herein. The City designates this Agreement as a Revenue Sharing Agreement, thereby entitling the City to request sales tax information from the Comptroller, pursuant to section 321.3022, Texas Tax Code, as amended. Unless determined otherwise by the Texas Attorney General in Page 13 of 25 writing, any information received relating to the City Sales Tax Revenue shall be considered confidential proprietary financial information not subject to immediate release to the public. The City shall seek a written opinion from the Texas Attorney General, raising any applicable exception to release, prior to any release to a third -party under the Texas Public Information Act. (D) Property Tax Revenues. During the Term of this Agreement, the City shall determine annually the amount of the Property Tax Revenues received by the City and attributable to completed features of each District within the Project boundaries in cooperation with the Developer. The City hereby agrees to deposit into the Reimbursement Account annually from available funds in the City's General Fund an amount equal to the M &O portion only of said Property Tax Revenues for each District in the percentages stated in Section 5.3 herein, and hereby pledges such fund to the payment of the City Commitment as provided herein. The City shall maintain complete books and records showing deposits to and disbursements from the Reimbursement Account, which books and records shall be deemed complete if kept in accordance with generally accepted accounting principles as applied to Texas municipalities. Such books and records shall be available for examination by the duly authorized officers or agents of the Developer during normal business hours upon request made not less than five business days prior to the date of such examination. The City shall maintain such books and records throughout the term of this Agreement and store the same for four years thereafter. (E) Hotel Occupancy Tax Revenues. During the Term of this Agreement, the City shall determine semi - annually the amount of the Hotel Occupancy Tax Revenues attributable to completed features of each District within the Project boundaries in cooperation with the Developer. The City hereby agrees to deposit timely from available funds in the City's Hotel Occupancy Tax Fund an amount equal to said Hotel Occupancy Tax Revenues portion of the City Commitment for each District in the percentages stated in Section 5.3 herein into the Reimbursement Account, and hereby pledges such fund to the payment of the City Commitment as provided herein. The City shall maintain complete books and records showing deposits to and disbursements from the Reimbursement Account, which books and records shall be deemed complete if kept in accordance with generally accepted accounting principles as applied to Texas municipalities. Such books and records shall be available for examination by the duly authorized officers or agents of the Developer during normal business hours upon request made not less than five business days prior to the date of such examination. The City shall maintain such books and records throughout the term of this Agreement and store the same for four years thereafter. Developer shall comply with the terms of Section 351 of the Texas Tax Code, as it may be amended from time to time, applicable to the Hotel Occupancy Tax Revenues. Further, Developer shall deliver to City, upon the City's request, such information and reports which the City reasonably requests as evidence that Developer is in compliance with such statutes. Should any expenditure of Hotel Occupancy Tax Revenues by Developer be for a use that is found to be illegal, the City shall have no liability in connection thereof. (F) Construction Sales Tax Revenues. During the Term, the City shall determine semi - annually the amount of the Construction Sales Tax Revenues from local construction suppliers only for completed features of each District within the Project boundaries received by the City in cooperation with the Developer. The City hereby agrees to deposit timely from available funds in the City's General Fund an amount equal to said Construction Sales Tax Revenues portion of the City Commitment attributable to each District in the percentages stated in Section 5.3 herein into the Reimbursement Account, and hereby pledges such fund to the payment of the City Commitment as provided herein. The City shall maintain complete books and records showing deposits to and disbursements from the Reimbursement Account, which books and records shall be deemed complete if kept in accordance with generally accepted accounting principles as applied to Texas municipalities. Such books and records shall be available for examination by the duly authorized officers or agents of the Developer during normal business hours upon request made not less than five business days prior to the date of such examination. The City shall Page 14 of 25 maintain such books and records throughout the term of this Agreement and store the same for four years thereafter. 5.3 Reimbursement Amounts to be Paid by City to Developer, (A) Sales Tax Revenues and Construction Sales Tax Revenues: Developer shall provide the City a semi - annual report, no later than March 1 and September 1 of each year, stating Developer's sales figures attributable to the completed features of each District within the Project boundaries and the corresponding amount of Sales Tax and Construction Sales Tax Revenues. Within Sixty (60) days of receiving written request from Developer, accompanied by all reasonable supporting documentation from Developer that it has fully complied with its performance requirements, subject to the satisfaction of Developer's Commitments under Article IV herein and Developer's timely and full compliance with all applicable terms and conditions contained in this Agreement, City shall pay to Developer the applicable Chapter 380 Payments attributable to the completed features of each District within the Project boundaries based on the percentages stated below for the applicable Tax Revenues collected by City on the completed features of each District, subject to the limitations set forth herein. Developer may spend said Chapter 380 Payments received as Reimbursement Amounts or in satisfaction of other City Commitment on improvements or other lawful uses only within the Project boundaries. (B) Property Tax Revenues: Developer shall provide the City an annual report, no later than March 1 of each year, stating Developer's sales figures attributable to the completed features of each District within the Project boundaries and the corresponding amount of Property Tax Revenues. Within Sixty (60) days of receiving written request from Developer, accompanied by all reasonable supporting documentation from Developer that it has fully complied with its performance requirements, subject to the satisfaction of Developer's Commitments under Article IV herein and Developer's timely and full compliance with all applicable terms and conditions contained in this Agreement, City shall pay to Developer the applicable Chapter 380 Payments attributable to the completed features of each District within the Project boundaries based on the percentages stated below for the applicable Tax Revenues collected by City on the completed features of each District, subject to the limitations set forth herein. Developer may spend said Chapter 380 Payments received as Reimbursement Amounts or in satisfaction of other City Commitment on improvements or other lawful uses only within the Project boundaries. (C) Hotel Occupancy Tax Revenues: Developer shall provide the City a semi - annual report, no later than March 1 and September 1 of each year, stating Developer's occupancy figures attributable to the completed features of each District within the Project boundaries and the corresponding amount of Hotel Occupancy Tax paid to the City. Within Sixty (60) days of receiving written request from Developer, accompanied by Developer's annual Approved Spending Plan (as defined herein) and all reasonable supporting documentation from Developer that it has fully complied with its performance requirements, subject to the satisfaction of Developer's Commitments under Article IV herein and Developer's timely and full compliance with all applicable terms and conditions contained in this Agreement, City shall pay Developer an amount not to exceed the applicable Chapter 380 Payments attributable to the completed features of each District within the Project boundaries, in an amount equal to the amount indicated in the annual Approved Spending Plan, based on the percentages stated below for the Hotel Occupancy Tax Revenues collected by City on the completed features of each District, subject to the limitations set forth herein; provided, however, that Developer must comply with the terms of Section 351 of the Texas Tax Code, as it may be amended from time to time, applicable to the Hotel Occupancy Tax Revenues. Further, Developer shall deliver to City, upon the City's request, such information and reports which City reasonably requests in order for City to verify that Developer is in compliance with said statutes. Any Hotel Occupancy Tax Revenues remaining unspent by Developer, and all accrued interest thereon, if any, at the expiration or earlier termination of this Agreement shall be returned by Developer to City, which obligation shall survive the expiration or earlier termination of this Page 15 of 25 Agreement. By this Agreement, City is delegating, pursuant to Section 351.101(c) of the Texas Tax Code, as it may be amended from time to time, the management or supervision of certain programs and activities to be funded by Hotel Occupancy Tax Revenues. Developer may spend such funds received as Reimbursement Amounts or in satisfaction of other City Commitment on improvements or other lawful uses only within the Project boundaries. Developer and Developer's subcontractors shall apply for reimbursement for the applicable City Tax Revenues only from the City. Failure to do so would be an Act of Default hereunder. Park District Payments: Sales Tax: 100% Property Tax (M &O portion thereof only): 100% beginning in fiscal year 2022 or upon termination of the TRZ, whichever occurs sooner, for the part of the Park District within the boundaries of the TRZ, as shown on EXHIBIT "D, " attached hereto. Parts of the Park District not within the boundaries of the TRZ are eligible for said Property Tax Chapter 380 Payments upon completion of the Park District. Hotel Occupancy Tax: 100% Construction Sales Tax: 50% The City Commitment attributable to the Park District to be paid to Developer for the Park District shall not exceed $34,130,131. As stated in Section 4.2, if Operator fails to Continuously Operate (as defined herein) the Waterpark in the Park District in any calendar year, City shall not owe Chapter 380 Payments to Developer on the Park District for such calendar year. IslandWalk District Payments: Sales Tax: 85% Property Tax (M &O portion thereof only): 85% beginning in fiscal year 2022 or upon termination of the TRZ, whichever occurs sooner, for the part of the IslandWalk District within the boundaries of the TRZ, as shown on EXHIBIT "D," attached hereto. Parts of the IslandWalk District not within the boundaries of the TRZ are eligible for said Property Tax Chapter 380 Payments upon completion of the IslandWalk District. Hotel Occupancy Tax: 85% Construction Sales Tax: 95% The City Commitment attributable to the IslandWalk District to be paid to Developer for the IslandWalk District shall not exceed $29,897,428. Resort District Payments: The Reimbursement Amount is to be applied only to the Resort Rental part of the Resort District in the following percentages, with no City Commitment allocated to the residential part of the Resort District. Sales Tax: 70% Property Tax (M &O portion thereof only): 70% Hotel Occupancy Tax: 57% Construction Sales Tax: 0% The City Commitment attributable to the Resort District to be paid to Developer for the Resort District shall not exceed $28,192,908. Page 16 of 25 Marina District Payments: Sales Tax: 70% Property Tax (M &O portion thereof only): 70% beginning in fiscal year 2022 or upon termination of the TRZ, whichever occurs sooner, for the part of the Marina District within the boundaries of the TRZ, as shown on EXHIBIT "D," attached hereto. Parts of the Marina District not within the boundaries of the TRZ are eligible for said Property Tax Chapter 380 Payments upon completion of the Marina District. Hotel Occupancy Tax: 70% Construction Sales Tax: 0% The City Commitment attributable to the Marina District to be paid to Developer for the Marina District shall not exceed $24,896,411. 5.5 Development Fees. City shall waive for Developer (as part of City Commitment) an amount equal to all Development Fees paid pertaining to the Project, provided that the aggregate amount of such payment shall not exceed One Million Four Hundred Dollars ($1,400,000.00). The Director of Development Services for the City shall be responsible for tracking and supplying information related to Development Fees to the EDC. 5.6 Maintenance of Project Infrastructure. For no less than the Term of this Agreement, it shall be Developer's sole responsibility to provide proper and timely maintenance of all infrastructure other than paved streets and associated curb and gutters and utility related infrastructure accepted by or typically owned and maintained by the City, in accordance with standard City policy, including but not limited to public water, wastewater, storm water, and gas infrastructure located within the street right of way or other public easement, (collectively, "City Infrastructure ") within the property boundaries of the Project. To ensure that all infrastructure associated with the Project other than City Infrastructure are properly and timely maintained, Developer may create a public improvement district, or any other similar self- funding mechanism available under the law, that will encompass the property boundaries of the Project and generate adequate revenue to pay for said proper and timely maintenance of all infrastructure other than City Infrastructure within the property boundaries of the Project. The City agrees to cooperate with the Developer in their application for and creation of a public improvement district under The Public Improvement District Assessment Act, Chapter 372 of the Texas Local Government Code (or any successor statute thereto), a statute corresponding to a similar mechanism, or under a statute to be passed and enacted into law through the state legislative process in the future. The purposes of the public improvement district may include, among others, paying, or reimbursing the costs incurred for the design, construction, operation and maintenance of all infrastructure associated with the Project other than City Infrastructure within the property boundaries of the Project. ARTICLE VI [Intentionally Left Blank] ARTICLE VII COVENANTS, WARRANTIES, OBLIGATIONS AND DUTIES OF DEVELOPER AND OPERATOR If the Developer or Operator shall have made any false or substantially misleading statement herein or failed to timely and fully perform as required in this Agreement, such shall be an Act of Default by Page 17 of 25 Developer, subject to Section 11,1 herein. Failure to comply with any one covenant or warranty shall constitute an Act of Default by Developer or Operator, subject to Section 11.1 herein. Developer and Operator, as of the Effective Date, make the following covenants and warranties to City, and agree to timely and fully perform the following obligations and duties. 7.1 Litigation, No litigation or governmental proceeding is pending or, to the knowledge of Developer, Operator or their respective general partner and officers, threatened against or affecting Developer, Operator or the Property that may result in any material adverse change in Developer's or Operator's business, properties or operation. 7.2 Untrue Statements. To the best of their knowledge, no certificate or statement delivered by Developer or Operator to City in connection herewith, or in connection with any transaction contemplated hereby, contains any untrue statement or fails to state any fact necessary to keep the statements contained therein from being misleading except those which have been replaced by subsequent certificates or statements heretofore given to the City in substitution. 7.3 Bankruptcy. There are no bankruptcy proceedings or other proceedings currently pending or contemplated, and Developer and Operator have not been informed of any potential involuntary bankruptcy proceedings. 7.4 Licenses and Authority. To the best of their knowledge, Developer or Operator have acquired and maintained all necessary rights, licenses, permits and authority to carry on their respective businesses in Corpus Christi, Texas, and will continue to use commercially reasonable efforts to maintain all necessary rights, licenses, permits and authority. 7.5 Payment of Taxes. Developer and Operator shall timely pay all taxes due and owing by them to all taxing authorities having jurisdiction. In addition, Developer and Operator shall timely pay all employment, income, franchise, and all other taxes hereafter to become due and owing by them, respectively, to all local, state, and federal entities subject, however to their right to contest the same in a lawful manner. 7.6 Timely Commencement; Continuous Operations. Developer acknowledges and agrees that if it fails to Commence Construction of the Schlitterbahn Waterpark and pursue its Completion within the time periods herein provided, and Operator acknowledges and agrees that if it fails to Continuously Operate the Schlitterbahn Waterpark in the Park District as herein provided, in either of said cases or events, the City has the right to terminate this Agreement as herein provided. 7.7 Management Changes. Developer and Operator shall notify City in writing of any substantial changes in management of Developer or Operator within seven (7) days after Developer's or Operator's knowledge thereof. Substantial changes mean changes in Chairman of the Board, President, or Chief Executive Officer. 7.8 Ownership Changes. Developer and Operator shall notify City in writing of any changes in ownership of any part of the Project or of Developer or Operator within seven (7) days after Developer's or Operator's knowledge thereof. 7.9 Succession of Ownership: No change of ownership or management of any part of the Project and/or a change of ownership or management of Developer or of Operator shall abate, waive, terminate or in any way relieve Developer or Operator of their respective_obligations herein. Page 18 of 25 7.10 Non - discrimination. Developer agrees that, as to all of the programs and activities arising out of this Agreement, it will not discriminate against any person on the basis of race, color, national origin, sex, or by reason of being disabled. 7.11 Lessee /Owner Lists. Developer or Operator shall provide to City in writing lists of all Project tenants or other persons making sales or purchases of taxable items or real property in each District of the Project, identified by District (the "Lessee /Owner List "). Developer or Operator will periodically and timely notify City of changes to the Lessee /Owner List. For the Park District, the Lessee /Owner List shall include Developer and/or Operator. Developer and Operator are responsible as herein provided for supplying to City such identifying information for each person on the Lessee /Owner List as is required by the Comptroller to issue their sales tax area reports and Hotel Occupancy Tax area reports. 7.12 Sales Tax Reports. If the sales tax area reports described herein are unavailable or otherwise inadequate to allow computation of the Sales Tax Revenue, Developer or Operator shall timely acquire from each tenant a waiver of confidentiality or other document required or approved by the Texas Comptroller that allows City to review individual tenants' reported sales tax information on a semi - annual basis throughout the Term of this Agreement as necessary to compute the Sales Tax Revenue. ARTICLE VIII CITY'S COVENANTS, WARRANTIES, OBLIGATIONS AND DUTIES 8.1 Type II Reclaimed Water Supply. To the extent permitted by law, the City shall authorize Developer to receive Type II reclaimed water, as defined in Title 30 of the Texas Administrative Code, from the City for the Project needs at no cost on an as needed, end -user demand basis within the boundaries of the Project for use by Developer and Operator within statutory and governmental agency requirements, as stated in the Agreement between the City and Developer attached hereto as EXHIBIT "E," incorporated herein by reference. In the event that there is any proposed change to policy, legislation, and terms, conditions or restrictions in the governing permits or authorizations that may impact the delivery to Developer or Operator of Type II reclaimed water or impose a future fee to Developer or Operator for the use of the Type II reclaimed water, the City shall notify Developer as required in said Agreement between the City and Developer attached hereto as EXHIBIT "E." In their use of the Type II reclaimed water, Developer and Operator shall comply with all TCEQ and all other applicable governmental agency requirements and regulations as stated more completely in EXHIBIT "E." ARTICLE IX SUSPENSIONS /TERMINATION Subject to the terms of Article V herein, City, under the following circumstances, and at its sole discretion, may temporarily suspend making Chapter 380 Payments under this Agreement and /or terminate this Agreement, without liability to Developer, and all future payment obligations shall automatically cease upon anyone of the following events: 9.1 Receiver. The appointment of a receiver for Developer, or of all or any substantial part of its property, and the failure of such receiver to be discharged within sixty (60) days thereafter. 9.2 Bankruptcy. The adjudication of Developer as a bankrupt. 9.3 Bankruptcy Petition. The filing by Developer of a petition or an answer seeking bankruptcy, receivership, reorganization, or admitting the material allegations of a petition filed against it in any bankruptcy or reorganization proceeding. Page 19 of 25 9.4 Failure to Comply with Audit Requirements. The failure of Developer or Operator to reasonably cooperate with the City in the monitoring process described in Article X below. ARTICLE X REPORTING AND AUDITING 10.1 Audit by the City. The City may audit Developer's and Operator's records to determine their compliance with the terms of this Agreement. This audit will be done by the City on an annual basis in March of each year. During the monitoring process, the City will make maximum use of any State submissions for the determination of Reimbursement Amount. Developer and Operator shall provide the City an annual report, no later than March 1 of each year, stating Developer's and Operator's occupancy and sales figures attributable to the completed features of each District within the Project boundaries and the corresponding amount of Sales Tax, Property Tax and Hotel Occupancy Tax paid to the City by Developer. 10.2 Access to Records / Right to Audit. Developer and Operator, during normal business hours shall allow City reasonable access to its records and books and all other relevant records related to each of the economic development considerations and incentives and performance requirements, as stated in this Agreement, but the confidentiality of such records and information shall be maintained by City unless disclosure of such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. ARTICLE XI DEFAULT 11.1 Default. Subject to Force Majeure and any consent given under Section 11.2 or Variance granted under Section 13.15, should Developer fail to timely, fully and completely keep or perform any one or more of the covenants or warranties made by Developer in this Agreement (but excluding achieving satisfaction of any condition to the Developer's right to receive Chapter 380 Payments under this Agreement), such failure to perform shall be an Act of Default by Developer and, if not cured and corrected within sixty (60) clays after written notice to do so or by express waiver by the Corpus Christi City Council, City may terminate this Agreement and cease making any further Chapter 380 Payments which have not been earned by performance by Developer theretofore. Developer shall be liable to City for any actual damages sustained by the City as a result of said Act of Default by Developer under this Agreement, subject to the provisions of Section 13.17. 11.2 Consent and Excuse. In the event of unforeseeable third party delays which are not Force Majeure and upon a reasonable showing by Developer that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal or abatement of such delays by using commercially reasonable efforts, the Corpus Christi City Council may consent to and excuse any such delays, which consent and excuse shall not be unreasonably withheld. 11.3 City Delay. Any delay for any amount of time by City in providing notice of Default to Developer or Operator hereunder, shall in no event be deemed or constitute a waiver of such Default by City of any of its rights and remedies available in law or in equity. 11.4 City Waiver. Any waiver granted by City to Developer or Operator of an Act of Default shall not be deemed or constitute a waiver of any other existing or future Act of Default by Developer or of a subsequent Act of Default of the same act or event by Developer. ARTICLE XII Page 20 of 25 CITY'S LIABILITY LIMITATIONS Should City fail to timely, fully and completely comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this Agreement, such failure shall be an Act of Default by City and City shall have sixty (60) days to cure and remove the Default after receipt of written notice to do so from Developer or Operator. ARTICLE XIII MISCELLANEOUS PROVISIONS 13.1 Sign Permitting. Prior to submitting any building permit applications for any sign, Developer shall obtain approval from City's Planning and Building Inspection Department's Director for plans for signs. 13.2 Permitting. Subject to Developer's complying with all applicable laws, City agrees to cooperate with Developer to expeditiously process permits, including plat applications, site plan applications, building permit applications, building and construction inspections required for the Project to be in a state of Completion. 13.3 Attorneys' Fees. If any legal action or proceeding is commenced between City and Developer or Operator based on this Agreement, the prevailing party in the Iegal action will be entitled to recover its reasonable attorneys' fees and expenses incurred by reason of such action, to the extent allowed by law. 13.4 Binding Effect. This Agreement will be binding on and inure to the benefit of the parties and their respective successors and assigns. 13.5 Assignment. Except as provided below, Developer may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of City, which approval will not be unreasonably withheld or delayed. The City agrees, however, that the Developer may assign all or part of its rights and obligations under this Agreement to any entity affiliated with the Developer by reason of controlling, being controlled by, or being under common control with the Developer; to a subsequent Developer of all or any part of the Project; to a tenant in the Project or to a third party lender advancing funds for the acquisition of all or any part of the Property or for the construction or operation of the Project. The City expressly consents to any assignment described in the preceding sentence, and agrees that no further consent of City to such an assignment will be required. The Developer agrees to provide City with written notice of any such assignment. 13.6 Termination. If Developer elects not to proceed with the development of a SchIitterbahn Waterpark in the Park District as contemplated by this Agreement, Developer will notify City in writing, and this Agreement and the obligations of both parties will be deemed terminated and of no further force or effect as of the date of such notice. Additionally, at any time during the Term following the Completion of a Schlitterbahn Waterpark in the Park District, the Developer may elect to terminate this Agreement as to any or all parts of the Project which have not been completed and placed in service, by giving the City written notice thereof specifying the part or parts of the Project to which the notice of termination relates. Following the giving of said notice, this Agreement shall terminate and be of no further force or effect as to the part or parts of the Project designated in said notice of termination and all parties shall be fully released of any further obligations under this Agreement relating to said designated part or parts of the Project. 13.7 Notice. Any notice or other communication ( "Notice ") given under this Agreement must be in writing, and may be given: (i) by depositing the Notice in the United States Mail, postage paid, certified, and addressed to the party to be notified with return receipt requested; (ii) by personal delivery of the Page 21 of 25 Notice to the party, or an agent of the party; or (iii) by confirmed facsimile, provided that a copy of the Notice is also given in one of the manners specified in (1) or (ii). Notice deposited in the mail in the manner specified will be effective two (2) days after deposit. Notice given in any other manner will be effective only if and when received by the party to be notified. For the purposes of Notice, the addresses of the parties will, until changed as provided below, be as follows: Developer: Upper Padre Partners, L.P. Attention: Paul Schexnailder 381 East Austin Street New Braunfels, Texas 78130 Ph: Facsimile: with a copy to: R. G. Converse Fulbright & Jaworski L,L.P. 98 San Jacinto Blvd Suite 1100 Austin, Texas 78701 Ph: (512) 536 -4535 Facsimile: (512) 536 -4598 City: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Ph: (361) 826 -3220 Facsimile: (361) 826 -3839 with a copy to: City Attorney P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Ph. (361) 826 -3360 Facsimile: (361) 826 -3239 Operator: North Padre Waterpark Holdings, LTD 381 East Austin Street New Braunfels, Texas 78130 Attention: Gary Henry Ph: (830) 625 -2351 Fax: (830) 625 -3515 Any party may designate a different address at any time by giving Notice to the other party. 13.8 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. In the event of any dispute regarding the interpretation of this Agreement, this Agreement will be interpreted fairly and reasonably and neither more strongly for nor against any party based on draftsmanship. 13.9 Relationship of the Parties. This Agreement will not be construed as establishing a partnership or joint venture, joint enterprise, express or implied agency, or employer- employee relationship between the parties. Neither City, nor its past, present or future officers, elected officials, employees or agents, assume Page 22 of 25 any responsibility or liability to any third party in connection with the development of the Project or the design, construction or operation of any portion of the Project. 13.10 Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected and it is also the intention of the parties that, in lieu of each provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 13.11 Paragraph Headings, Etc. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the paragraphs. 13.12 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges or causes of action upon any third party. 13.13 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. A facsimile signature will be deemed to be an original signature for all purposes. 13.14 Exhibits. The following exhibits are attached to and incorporated into this Agreement for all purposes: Exhibit "A:" Exhibit "B:" Exhibit "C:" Exhibit "D:" Exhibit "E:" Resolution No. Schlitterbahn Beach Country Project Description Type A Corporation Business Incentive Agreement Project Boundaries: Field Notes /Metes and Bounds TRZ Boundary Map Reclaimed Water Supply for Irrigation Agreement Between The City of Corpus Christi and Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD 13.15 Variances. The Corpus Christi City Council, in its sole discretion, may grant and approve variances to Developer or Operator from the performance criteria and development standards described herein upon application in writing therefor by Developer on behalf of itself or the Operator. 13.16 Balance Owed under the Agreement. The total amount of money awarded in an adjudication brought against City for breach of this Agreement is limited to the following: (i) the balance then due and owed by City under the Agreement plus any balance which may become due by City during the remaining term of the Agreement, including any amendments thereto; (ii) interest as allowed by law; and (iii) attorney's fees as allowed by law. 13.17 Damages not included. Damages awarded in an adjudication brought against City or Developer arising under the Agreement, including any amendments thereto, may not include: (i) consequential damages, except as expressly allowed under Section 13.16 above; (ii) exemplary damages; or (iii) damages for unabsorbed home office overhead. ARTICLE XIV GENERAL TERMS 14.1 Entire Agreement. This Agreement embodies the complete Agreement of the parties hereto, superseding all oral or written, previous and contemporary, agreements between the parties relating to Page 23 of 25 matters in this agreement; and, except as otherwise provided herein, this Agreement cannot be modified or amended without a written agreement of the parties. 14.2 Law. This Agreement is subject to all legal requirements in City Charter and Code of Ordinances of City of Corpus Christi, Texas and all other applicable County, State and Federal laws, and Developer and Operator agree that it will promptly comply with all such applicable laws, regulations, orders and rules of the State, City and other applicable governmental agencies. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas without regard, however, to the conflicts of laws provisions of Texas law. 14.3 Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 14.4 Confidential. City, its officers and employees, and its agents or contractors retained to perform economic development services for City, shall treat as confidential the financial statements and information together with any proprietary information delivered by Developer, Operator or their respective representatives to City and its representatives and shall not release such information to the public, unless required by law or court order. City shall immediately notify Developer of requests or court orders to release such information. 14.5 Exhibits. Exhibit's "A" through "E" attached hereto are made a part of this Agreement for all purposes as if they were set forth herein in their entirety. [Remainder of page intentionally left blank] Page 24 of 25 EX8CUTED to be effective ft$ of this day of UPPER PADRE PARTNERS LP., a Texas limited partnership Signed on this day of , 2012 Uppee Padre GP, LLC, genei'al partner 2012 13y: Patti Sehexnai Eder, Manager NORM PADRE WATERPARK UOLDINOS, LTI), a Texas IIitect partnerghip Signed an this 7 day .of , 2012 CITY OF CORPUS CORISTI, TEXAS, a home-rale tannielpal corporation Kgned on this day of , 2012 ATTEST: CITY OP CORPUS mom Anando Chaim, City Secretary Ronald L. Olson, City Manager APPROVED AS TO LEGAL PORM AND CONTENT: day of , 2012. ChatiOtte YoOhert) Assistant City .AttornOY Vo• City Attorney Page 25 of 25 EXECUTED to be effective as of this day of , 2012 UPPER PADRE PARTNERS, L.P., a Texas limited partnership Signed on this day of , 2012 BY: Upper Padre GP, LLC, g- • eral partner Paul Sche nai . er, Manager NORTH PADRE ATERPARK HOLDINGS, LTD, a Texas limited partnership Signed on this day of Gary Henry, (title...) , 2012 CITY OF CORPUS CHRISTI, TEXAS, a home -rule municipal corporation Signed on this day of , 2012 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Ronald L. Olson, City Manager APPROVED AS TO LEGAL FORM AND CONTENT: day of , 2012. Charlotte Yochem Assistant City Attorney For City Attorney Page 25 of 25 --Fan +LsCv tE° t Schlitterbahn Beach Country is planned to provide the essential elements of a true family destination on Upper Padre Island at Corpus Christi, Texas. The Park District Park District A contains the Schlitterbahn Waterpark. The Waterpark is approximately 75.119 acre waterpark resort that will be built in phases over a period of several years, whose initial components will feature a minimum capacity of three thousand simultaneous visitors, with future phases increasing the capacity based on demonstrated demand. The Waterpark will be based on the "Transportainment" model in place at each of the other Schlitterbahn Waterparks in which multiple entertainment elements and rides are integrated with each other, typically featuring tube chutes, momentum rivers, torrent rivers, slides, pools and aquaveyors (all based on proprietary technologies and patents). Other elements of the Waterpark include, but are not limited to, heated pools, children pools and play areas, and support areas such as food and beverage, dressing areas, shade structures, gift shops, admission areas and parking areas. The Waterpark also may include a hotel or theme -style designed lodging consistent with but not specifically limited to the Treehaus lodging located at Schlitterbahn New Braunfels or other theme - style designed lodging that may be developed by Developer. The mix of rides and attractions, and the integration of ride technology, of the Waterpark will be similar to other Schlitterbahn Waterparks. Park District B includes a golf course. The numbers of holes will be reduced but will remain at least a 9 -hole course. The IslandWalk District The IslandWalk District offers several use options from the canal side restaurants and retail to residential with rental units up to residential units lining the golf course. Residential units in this district will range from traditional canal side units, cottage clusters and pond and golf course residential. The creation of the IslandWalk canal creates a truly pedestrian experience that is not available elsewhere along the Texas Coast. The heart of the district is the 2,500 feet of canal on the west side of Park Road 22. Once completed, residents and tourists will use the canal system as a transportation system. In addition to walking along the canal, visitors will be able to dock their boats as they visit the various shops and restaurants or attend events on the IslandWalk. The Marina District The Marina District is designed as a mixed use marina development serving Padre Harbor and the IslandWalk. With its access to the Gulf of Mexico via Packery Channel, the Marina District is designed to include in- the -water boat slips and dry -stack boat storage. The Marina District will become the center of the boating community and will provide essential elements to the fishing and water sports visitors. The Marina District is envisioned to include restaurants, entertainment, retail and lodging. The Lodging facilities will be comprised of traditional apartment and hotel units as well as residential above retail. The location and configuration will be designed to offer a Live -Work -Play lifestyle. As the harbor side anchor of the IslandWalk those choosing to live in or visit the Marina District will have easy access to the pedestrian IslandWalk district and Schlitterbahn Beach Country. The Resort District The Resort District is designed as the resort residential district serving Upper Padre Island and Schlitterbahn Beach Country. The roughly 250 acres will be designed with full architectural design standards, mixed residential uses and resort quality lodging facilities. Cooper Robertson and Associates, the land planners of WaterColor and Water Sound in the Florida Panhandle, prepared the conceptual land plan for the Resort District. The Resort District will be subject to the City of Corpus Christi's zoning ordinance and unified development code prior to construction. In addition, any changes in the development plan will require Corps of Engineer permit modifications procedures. Accordingly there will be substantial public input prior to construction of the district. The Resort District plan contains the traditional bulk headed canal lots, canal lots with natural shore line and areas with fresh water ponds. In addition to the canal system the district will include pedestrian pathways, cart paths and open areas. The Resort District borders Commodores Drive, Aquarius Street and portions of the Laguna Madre. A portion of the Resort District fronts on a protected habitat and will be designed to add separation between the protected habitat and the developed property. 1� BAN. ENGINEERING Park District A STATE OF TEXAS COUNTY OF NUECES Job No. 38808,B201. Fieldtiotes for a 75.119 acre tract of land; said 75,119 acre tract being comprised of the following tracts; Portion ofBlock 2'7A, Padre Island - Corpus Christi Island Fairway Estates, a map of which is recorded. in Volume 46, Pages 208 thru 210, Map Records of Nueces County, Texas; Portion of Lot 1, Block 27B, Padre Island- Corpus: Christi Island Fairway Estates, a neap of which is recorded m Volume 47, Pages 163 thru 165, Map Records of Nueces County, Texas; Lots 9 thru 13, Block 43, Lots 4 and 5, Block 44 and portions ofLots 0, 8.andl4, Block 43, portions of 1, 2, 3,6, 7, and 8, .Block 44, portions of Maracaibo Drive and Zaraza Drive, Padre Island- Corpus Christi Island Fairway Estates, a map of which is recorded in Winne 42, Pages 10 and 11, Map Records of Nueces County, Texas; Block 26, Padre Island- Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 40, Pages 154 Chi 159, Map Records of Nueces. County, Texas; Lots 7 thru 14, Block 41, Island Fairway Estates, a reap of which is recorded in Volume 42, Pages 16 and 17, Map Records of Nueces County, Texas; Commencing at a point on the west boundary of Padre Island. Drive (State Highway 358) for the northeast comer of Block 46, Padre Island - Corpus Christi Island Fairway Estates, a map ofwlrich is recorded in Volume 42, Pages 153 and 154, Map Records of Nueces County, Texas and for the southeast corner of said Block 27A; Thence, North 06424'41" West, a distance of 2312,75 feet to a point on the west boundary of Compass Street, a 60 foot wide public roadway, for a common corner of Lots 6 and 7, Block 41, Island Fairway Estates, a map of which is recorded in Volutne'42, Pages 16 and 17, Map Records of Nueces County, Texas, for the Point of Beginning of this tract and, for a corner of this tract; Thence, North 88 °43'30" West, with the common boundary of said Lots .6 and 7, Block 41, same being. the :east boundary of this tract, a distance of 107.28 feet for the southwest corner of said Lot 7, for the northwest corner of said Lot 6, fora corner of said Block 27A and for a corner of this tract; Thence, with the common boundary of Lois 6, 5, 4, and 3, said Block 41 and said Block 27A, same being the cast boundary of this tract, as follows; South 80 °34'30" West, a distance of 89.00 feet;. South 09 °25'30" East, a distance of 132.00 feet; South 80 °34'30" West, a distance of 130,00 feet; South 09 °25'30" East, a distance. of 312,20. feet; South 01°1024" West, at 63.69 feet pass the southwest corner of said Lot 3, Block 4, and the northwest corner of Lot 1, Block 27B, Padre Island- Corpus Christi Island Fairway Estates, a snap of which is recorded in Volume 47, Pages 163 thni 165, Map Records of Nueces County, Texas, in all a total distance of 236.96 feet for a common corner of said Lot 1, Block 27B, and said Block 27A and a corner of this tract; Thence, with the westerly boundary of Lot 1, Block 2711, same being the easterly boundary of said Block 27A and of this tract, as follows: South 24 °32129" East, a distance of 314.16 feet; South 87 °22'40" East, a distance of 44.36 feet; South 17 °02'40" West, a distance of 1350.00 feet for the southeast corner of this tract; S;1 Surveying 1388081B20I \PN38808I3201 -PARK DISTRICT A•75 AC. doc Page I of3 (361)854 -3101 2725 SWANTNER DR, • CORPUS CHRISTI, TEXAS 78404 FAX (361)854 -6001 www,urbaneng,com TBPE Firm #145 Job No, 38808.B201 April 19, 2012 Park District A - 75.119 acres Thence, South 58 °23'41" West, with the south boundary of this tract, a distance of 147.91 feet for a corner of this tract; Thence, North 50 °59'09" West, continuing with the south boundary of this tract, a distance of 390.56 feet for the southwest comer of this tract; Thence, with the west boundary of this tract, a distance follows: North 05°19'27" East, a distance of 711.17 feet; North 02 °47'20" East, a distance of 257.36 feet; North 11 °30'08" West, a distance of 696.00 feet; North 75 °2P49" West, a distance of 532.65 feet; North 04 °50'17" East, a distance of 200,23 feet; North 28 °53'07" West, a distance of 1125.48 feet to the proposed south boundary of the 80 foot wide Aquarius Street re- alignment for the northwest corner of this tract; Thence, North 69°18'32" East, with said south boundary of proposed 80 foot wide Aquarius Street, same being the north boundary of this tract, a distance of 684,61 feet for the point of curvature of a circular curve to the right which has a delta angle of 18° 13' 16 ", a radius of 330.00 feet, a tangent length of 52.92 feet and an arc length of 104.95 feet; Thence, with circular curve to the right, continuing said south boundary of proposed 80 foot wide Aquarius Street, same being the north boundary of this tract, and arc length of 104.95 feet for the end of this circular curve to the right, for the northeast corner of Lot 20, Block 34 and the northwest of Lot 21, Block 34, Island Fairway Estates, a map of which is recorded in Volume 40, Pages 183 and 184, Map Records of Nueces County, Texas and for a comer of this tract; Thence, South 02 °09'30" East, with the common boundary of said Lots 20 and 21, Block 34, same being the north boundary of this tract, a distance of 50.57 feet for the common comer of said Lots 20 and 21, Block 34 and said Block 27A and for a corner of this tract; Thence, South 44 °14'30" East, with the south boundary of Lot 21, said Block 34, same being the north boundary of said Block 27A and of this tract, a distance of 280,66 feet for a common comer of said Lot 21, Block 34 and said Block 27A and for a corner of this tract; Thence, South 88 °42'30" East, with the south boundary of Lots 22 and 23, said Block 34, same being the north boundary of said Block 27A and of this tract, a distance of 401.33 feet for a common comer of said Lot 23, Block 34 and said Block 27A and for a corner of this tract; Thence, North 01 °16'30" East, with the east boundary of said Lot 23, Block 34, same being the north boundary of said Block 27A and of this tract, a distance of 142,15 feet for the beginning of a circular curve to the left whose radius point bears North 07 °41'08" East 506,86 feet and which has a delta angle of 06 °24'38 ", a radius of 506,86 feet, a tangent length of 28.38 feet and an arc length of 56.71 feet; Thence, with said circular curve to the left, with the existing south boundary of Commodore's Cove, a 120 foot wide public roadway, same being the north boundary of said Block 27A and the north boundary of this tract, an are length of 56.71 feet for the point of tangency; Thence, South 88 °44'15" East, with the existing south boundary of Commodore's Cove, a 120 foot wide public roadway, same being the north boundary of said Block 27A and the north boundary of this tract, at 310,23 feet pass northeast corner of said Block 27A and the northwest comer of Block 41, Island Fairway Estates, Blocks 41-42, a map of which is recorded in Volume 42, Pages 16 and 17, Map Records of Nueces County, Texas and continuing South 88 °44'15" East, with the existing south boundary of Commodore's Cove, a 120 foot wide public roadway, same being the north boundary of said Block 41 and of this tract, in all a total distance of 507.24 feet for the northeast corner of this tract and for the point of curvature of a circular curve to the right which has a delta angle of 90 °00'00 ", a radius of 10.00 feet, a tangent length of 14.14 feet and an arc length of 15.71 feet; S: 1Surveying1388081B201 1FN38808B201 -PARK DISTRICT A- 75AC,doe Page 2 of 3 Job No. 38808.B201 April 19, 2012 Park District A - 75.119 acres Thence, with said circular curve to the right, with the northerly boundary of said Block 41 and of this tract, an arc length of 15,71 feet to a point on the west boundary of Compass Street, a 60 foot wide public roadway, for the point of tangency; Thence, South 01 °16'30" West, with the west boundary of said Compass Street, same being the east boundary of said Block 41 and of this tract, a distance of 100.00 feet for the point of curvature of a circular curve to the left which has a delta angle of 10 °57'52 ", a radius of 549.81 feet, a tangent length of 52.77 feet and an arc length of 105.21 feet; Thence, with said circular curve to the left, with the west boundary of said Compass Street, same being the east boundary of said Block 41 and of this tract, an arc length of 105.21 feet for the point of tangency; Thence, South 09 °41'22" East, continuing with the west boundary of said Compass Street, same being the east boundary of said Block 41 and of this tract, a distance of 362,89 feet for the point of curvature of a circular curve to the right which has a delta angle of 10 °57'52 ", a radius of 489.81 feet, a tangent length of 47.01 feet and an arc length of 93.73 feet; Thence, South 01°16'10" West, continuing with the west boundary of said Compass Street, same being the east boundary of said Block 41 and of this tract, a distance of 291.90 feet for the Point of Beginning and containing 75.119 acres of land. Description prepared from previous recorded plats and not from a current on the ground survey. No monumentation was found or set at property corners unless otherwise noted. Bearings based on the recorded plat of Block 27A & 27B, Padre Island- Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 46, Pages 208 thru 210, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. URBAN ENGINEE176 fC�j/�a..%, Ju J. Salazar, R.P.L.S. License No. 4909 S:1 Surveyingl38808182011FN3880SB201 •PARK DISTRICT A- 7SAC.doc Page 3 oF3 Island Fairway Estates Block 278 Blocks 41-42 "point of r !1g- Padre Island -Corpus Christi Island Fairway Estates Vol. 42, Pgs. 16-17,MapBeg'nni Vol. 47, Pgs. 163-165, Map Records of Nueces County. Texas for freldmote description Records of Nueces County, Texas I©© ►p191111M®m .° o� 110111211_0._111q �I 9 8 7 C3 11111111111 in 20:1'° ' N �� o 8 to M N01'16'30"I C 142.15' W om 23 C3' Zs NM :IP 22 •4-,-%- a!5 ;x: d� s: OD ‘,„t; 21 Ix eet 41 UNE BEARING DISTANCE LT 502'09'30"E 50.57' L2 S01' 16'30"W 100.00' L3 SO9'41'22"E 362.89' L4 801'16'30'W 291.90' L5 N88'43'30'W 107.28' L6 S80'34'30"W 89.00' L7 S09'25'30"E 132.00' L8 680'34'30V 130.00' L9 509'25'30"E 312.20' L10 301'16'24"W 236.96' L11 524'32'29"E 314.16' L12 887'22'40"E 44.36' Padre Island Drive (State Highway 358) adre Island -Corpus hn Island Fairway Estates 'Paint of Commalloement" B cocks 45 and 46 for fieidnote descriptionVol 42, Pgs. 153-154, Mop Records of Nueces Cou Texas 1o11 ' mirlfrof 1 63.69' Block A Padre Island -Corpus Christi Island Fairway Estates Vol. 46, Pgs. 208-210, Map Records of Nueces County, Tex 75.119 Acres 4 Block 3 N05' 19'27» 711.17' a �y1 N0747'20"E 6 257.36' 06 rn ' gliti%-� 4---*1ga�; elk N04'50'17"E 2 ©\ 1� *ph,� 200.23 - R ° \ -Corpus Christi �Qt �O �nl°'e �® Padre Island �m� Island Fairway Estates �� H J \\ Records Vol. of Nueces Counts. y, Texas m4© c`aI"KY, `~�\� all twit ,..... © e� rte/ ���►�r �, ° Ma, toAccomsan :,0�� +r � 'a�� `'i ®40 �eldnates • a 75.119 acre tract of lord; said 75.119 acre in ' ng Rr.7...`�,C1 tract= r• of Block 27/„ Padre Island Christi Island Fal g comprised of the iis V� J Island -Corpus Fairway Palates. as map of which is o�� Go recorded in Volume 46. Pages 208 thru 210. Mop Records of Nueces County. Texas; Portion of Lot 1, ,}� Block 27B. Padre island -Corpus Christi Island Fairway Estates, a ` c •� arway map of which is recordedr3 in Volume ..is 0' o,°' 47, Pages 163 thru 165. Yap Records of Names County, Taxan; Lots 9 thru 13, Block 43, Lots 4 and 'f 41 j 5. Block 44 and portions of Lob 6, 8 and14, Block 43, portions of Lots 1, 2, 3,6, 7, and 8, Block as o S. •it. 44. portions of Maracaibo Drive and Zara¢a Drive, Pods Island -Corpus Christi Island Fairway Estates, a qa N. a b Blo k 26.of ich is necorded Padre Island -Carpus in Vohrme 42, Pages 10 and 11, Map Records of Nimes County, Texas; Jo qChristiI Fairway Estates. a map of which .e recorded in Volume 40, `� Pages 154 thru 159, County, Texas; 'Lots 7 thru 14, Block 41. Island Farrway e 0 Estates, a map of which is recorded in Volume 42, Pages 16 and 17, Map Records of Nueces County, o-" /Texas 1' 0$',l 696.p0 N50'59'09"W 390.56' Padre Island -Corpus Christi island Fairway Estates Block 3 Vol. 40, Pgs. 145-146, Map Records of Nueces County, Texas CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH C1 18'13'16' 330.00' 52.92' 104.95' C2 6'24'38" 506.86' 28.38' 56.71' C3 90'00'00" 10.00' 10.00' 15.71' C4 10'57'52" 549.81' 52.77' 105.21' C5 10'57'52" 489.81' 47.01' 93.73' 400 0 400 800 GRAPHIC SCALE = 400 U R B A Nt DATE.k Dr 9, 2012 0 2A ENGINEERING JOB NO.: 38808.82.01 CORPUS CHRISTI, TEXAS / SHEET: 11 OF 1 Firm Nn. 1!„4 2715 swmiaw Sr'�cults, i7 7940€ DRAWN L7 I : IJL • f267) 95€ -.tray, FAQ` (3sr) 9s€�cnr „w,,, k‘llatitkWawalSOMMG-6Sn, LOCATION MAP OF Marina District, Island Walk District. Park District A, Park District B and Resort District URBANDAM: APRIL 20, 2012 ENGINEERING SCALE: NIS JOB NO.: 38608.13201 CORPUS cHnis-n, TEXAS ) SHEET: 1 OF 1 136,572gftrost.zodozrims4 DRAWN BY: RLC win m, URBAN ENGINEERING Park District b. STATE OF TEXAS COUNTY OF NUECES Job No, 38808.B201 April 19, 2012 Fieldnotes for an 80.52$ acre tract of land out of the following tracts of land: Block 27A, Padre Island - Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 46, Pages 208 thru 210, Map Records of Nueces County, Texas; Portion of Block 26, Padre Island- Corpus Christi. IslandFairkvay Estates, a Map of which is recorded in Volume 40, Pages 154 thru 159, :Map Records of Nueces County, Texas; Lots 15 thru 21 and portions of Lots 14, 22 and 23, Block 43, portions of Lots 6 thou 9, Block 43, portions of Maracaibo Drive and Zaraza Drive, Padre Island- Corpus Christi Island Fairway Estates, a map of which is recorded in. Volume 42, Pages 10 and 11, Map Records of Nueces County, Texas; Portions of Lots 1 thru 7, Block 33, Padre Island Corpus. Christi Island Fairway Estates, a map of which is recorded in Volume 40, Pages .154 flint 1.59, Map Records of Nueces County, Texas; Beginning at a point ott the east boundary of Dasmarinas Drive, a public roadway, for the southwest comer of Lot 11, Block 32, Padre Island- Corpus Cluisti Island Fairway Estates, a map of which is recorded in Volume 40, Pages 154 thru 159, Map Records of Nueces County, Texas and for a corner of said Block 27.A and of this tract; Thence, with the common boundary of said Block 27A and said Block 32, salve being the west boundary of this tract, as follows: North 81 °54'02" East, a distance of 101.34 feet; South 88 °43'30" East, a distance of 74.22. feet; South 73 °44'29" East, a distance of 74.35 feet for the point of curvature of circular curve to the left which has a.delta angle of 209 °58'02 ", a radius of 170.00 feet, and an arc lengi 1.of 622,99 feet; Thence, with said circular Curve to the left, continuing with the common boundary of said Block 27A and said Block 32, saute being the west boundary of thus, tract, an. arc length of 622,99 feet for the point of tangency; Thence, continuing with the common boundary of said Block 27A and said Block 32, same being the west boundary of this tract; as follows: South 76 °17'29" West, a distance of 74.35 feet; North 88 °43'30" West, a distance of 74.22 feet; North 79 °21'02" West, a distance of 101.34 feet to the aforementioned east boundary of Dasmarinas Drive for: a common comer of said Block 27A and Lot 1, said Block 32 for a corner of this tract; Thence, North 01 °16'30" East, with the east boundary of said Dasmarinas Drive, same being the west boundary of said Block 27A and of this tract, a distance of 55.50 feet for a common corner of said Block 27A and Block 31A, Madre Island - Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 40, Pages 154 thru 159, Map Records of Nueces County, Texas; S: 1Surveying1388081B2011FN38808B201 -PARK DISTRICT B- 80AC.doc Page 1 of (361)854 -3101 2725 SWANTNER DR, • CORPUS CHRISTI, TEXAS 78404 PAX (361)054 -6001 www,urbaneng.corn TBPE Firm #145 Job No. 38808.B201 April 19, 2012 Park District B - 80.528 acres Thence, North 81 °48'46" East, with the common boundary of said Block 27A and said Block 31A, same being the west boundary of this tract, a distance of 121.65 feet; Thence, North 01 °16130" Bast, continuing with the common boundary of said Block 27A and said Block 31A, same being the west boundary of this tract, a distance of 160.00 feet Thence, North 81 °48'46" East, with the common boundary of said Block 31A and said Block 27A, same being the west boundary of this tract, a distance of 121.65 feet; Thence, North 01 °16'30" East, continuing with the common boundary of said Block 31A and said Block 27A, same being the west boundary of this tract, a distance of 160.00 feet for the point of curvature of a circular curve to the right which has a delta angle of 24 °45'00 ", a radius of 1722.47 feet, a tangent distance of 377.92 feet and an arc length of 744.05 feet; Thence, with said circular curve to the right, continuing with the common boundary of said Block 31A and said Block 27A, same being the west boundary of this tract, an arc length of 744.05 feet for the end of this circular curve to the right and for the beginning of another circular curve to the right which has a delta angle of 15 °08'06 ", a radius of 1435.64 feet, a tangent distance of 190.73 feet and an arc length of 379.23 feet; Thence, with said circular curve to the right, continuing with the common boundary of said Block 31A and said Block 27A, same being the west boundary of this tract, an arc length of 379.23 feet for the point of tangency; Thence, North 41 °09'36" East, continuing with the common boundary of said Block 3IA and said Block 27A, same being the west boundary of this tract, a distance of 57.09 feet to the south boundary of Crown Royal Drive, a 100 foot wide public roadway, for a common corner of said Block 31A and said Block 27A and for a corner of this tract; Thence, South 52 °22'26" East, with the south boundary of said Crown Royal Drive, same being the westerly boundary of said Block 27A and of this tract, a distance of 293,48 feet for a common corner of said Block 27A and Block 30, Padre Island - Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 40, Pages 181 and 182, Map Records of Nueces County, Texas sand for a comer of this tract; Thence, with the common boundary of said Block 27A and said Block 30, same being the westerly boundary of this tract, as follows: South 37 °37'34" West, a distance of 73.43 feet; South 16 °00'00" West, a distance of 649.00 feet; South 29 °30'00" East, a distance of 400.00 feet; North 85 °00'00" East, a distance of 135.00 feet; North 54 °00'00" East, a distance of 190.00 feet; North 04 °30'00" East, a distance of 220.00 feet; North 31 020'00" East, a distance of 460.00 feet; North 39 °30'00" West, a distance of 115.00 feet for the beginning of a circular curve to the left whose radius point bears North 39 °30'00" West 100.00 and which has a delta angle of 36 °00'00 ", a radius of 100.00 feet, a tangent distance of 32.49 feet and an arc length of 62.83 feet; S: hSurveyingh38808182011FN388o8e201 -PARK DISTRICT B•80AC.doe Page 2 of 5 Job No. 38808.13201 April 19, 2012 Park District B - 80.528 acres Thence, with circular curve to the left, continuing with the common boundary of said Block 27A and said Block 30, same being the westerly boundary of this tract, an arc length of 62.83 feet for comer of this tract Thence, continuing with the common boundary of said Block 27A and said Block 30, saute being the westerly boundary of this tract, as follows: South 75 °30'00" East, a distance of 112.17 feet; North 31 °20'00" East, a distance of 235.00 feet; North 23 °18'30" West, a distance of 259.40 feet; North 40 °00'00" East, a distance of 225.00 feet; North 16 °30'00" West, a distance of 220.00 feet; North 38 °30'00" West, a distance of 180.00 feet; North 87 °00'00" West, a distance of 120.00 feet; South 52 °00'00" West, a distance of 135.00 feet; South 31 °00'00" West, a distance of 270.00 feet; South 24 °30'00" West, a distance of 250.00 feet; South 37 037'34" West, a distance of 160.00 feet to the north boundary of said Crown Royal Drive for a common corner of said Block 27A and said Block 30 and for a comer of this tract; Thence, North 52 °22'26" West, with the north boundary of said Crown Royal Drive, same being the westerly boundary of this tract, a distance of 229.43 feet for a common comer of said Block 27A and Block 29, Padre Island - Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 40, Pages 154 thru 159, Map Records of Nueces County, Texas, for a comer of this tract and for the beginning of a circular curve to the left whose radius point bears North 54 °01'30" West 1735.64 feet and which has a delta angle of 09 °57'00 ", a radius of 1735.64 feet, a tangent distance of 151.09 feet and an arc length of 301.41 feet; Thence, with said circular curve to the left, along the common boundary of said Block 27A and said Block 29, same being the westerly boundary of this tract, an arc length of 301,41 feet for the end of this curve and for the beginning of another circular curve to the left which has a delta angle of 21 °30'53 ", a radius of 1032.13 feet, a tangent distance of 196.09 feet and an are length of 387.57 feet; Thence, with said circular curve to the left, continuing along the conunon boundary of said Block 27A and said Block 29, same being the westerly boundary of this tract, an arc length of 387.57 feet for a common corner of said Block 27A and said Block 29 and for a comer of this tract; Thence, North 85 °29'23" West, continuing along the conunon boundary of said Block 27A and said Block 29, same being the westerly boundary of this tract, a distance of 120.00 feet to the east boundary of said Dasmarinas Drive for a common corner of said Block 27A and said Block 29, for a comer of this tract and for the beginning of a circular curve to the left whose radius point bears North 85°29'23" West 912.13 feet, and which has a delta angle of 29 °01'29 ", a radius of 912.13 feet, a tangent distance of 236.10 feet and an arc length of 462.06 feet; Thence, with said circular curve to the left, along the east boundary of said Dastuarinas Drive, same being the westerly boundary of this tract, an arc length of 462.06 feet for the point of tangency and the beginning of another circular curve to the left which has a delta angle of 39 °27'38 ", a radius of 617.67 feet, a tangent distance of 221.53 feet and an arc length of 425,40 feet; S:1 Surveying 13S8081B2011I'N38808B201 -PARK DISTRICT B- 80AC.doe Page 3 of 5 Job No. 38808.B201 April 19, 2012 Park District B - 80.528 acres Thence, with said circular curve to the left, continuing with the east boundary of said Dasmarinas Drive, same being the westerly boundary of said Block 27A and of this tract, an arc length of 425.40 feet for the point of tangency; Thence, North 63 °58'30" West, continuing with the east boundary of said Dasmarinas Drive, same being the westerly boundary of said Block 27A and of this tract, a distance of 515.00 feet for the northwest corner of this tract and for the point of curvature of a circular curve to the right which has a central angle of 89 °59'55 ", a radius of 15.00 feet, a tangent distance of 15.00 feet and an arc length of 23.56 feet; Thence, with said circular curve to the right, with the north boundary of this tract, an arc length of 23.56 feet to a point on the south boundary of proposed 80 foot wide Aquarius Street for the point of tangency; Thence, North 26 °0110" East, with the south boundary of proposed 80 foot wide Aquarius Street, same being the north boundary of this tract, a distance of 290.98 feet for the point of curvature of a circular curve to the right which has a delta angle of 43 °17'02 ", a radius of 330.00 feet, a tangent distance of 130,94 feet and an arc length of 249.30 feet; Thence, with said circular curve to the right, continuing with the south boundary of proposed 80 foot wide Aquarius Street, same being the north boundary of this tract, an arc length of 249.30 feet for the point of tangency; Thence, North 69 °1W32" East, with said south boundary of proposed 80 foot wide Aquarius Street, same being the north boundary of this tract, a distance of 385.50 feet for a corner of this tract; Thence, with the northerly boundary of this tract, as follows: South 28 °53'07" East, a distance of 1125.48 feet; South 04 °50'17" West, a distance of 200.23 feet; South 75 °21'49" East, a distance of 532.65 feet for the northeast corner of this tract; Thence, with the east boundary of this tract, as follows: South 11 °30'08" East, a distance of 696.00 feet; South 02 °47'20" West, a distance of 257.36 feet; South 05 °19'27" West, a distance of 961.17 feet; South 05 °21'25" East, a distance of 163.50 feet; South 20 °11'42" West, a distance of 155.61 feet; South 75 °41'27" West, a distance of 90.76 feet; South 88 °11'47' West, a distance of 260.62 feet; South 13 °56'44" West, a distance of 833.29 feet; South 00 °37'27" West, a distance of 612.84 feet for the southeast comer of this tract; Thence, with the south boundary of this tract, as follows: North 89 °01'05" West, a distance of 270.00 feet; North 00 °58'55" East, a distance of 115.00 feet; North 89 °01'05" West, a distance of 70.18 feet for the point of curvature of a circular curve to the right which has a delta angle of 90 °17'35 ", a radius of 160.00 feet, a tangent distance of 160.82 feet and an arc length of 252.15 feet; S:( Surveying 1.388081132011FN388o8B20I -PARK DISTRICT B•80AC.doc Page 4 of 5 Job No. 38808.B201 April 19, 2012 Park District 13 - 80.528 acres Thence, with said circular curve to the right, continuing with the southerly boundary of this tract, an arc length of 252.15 feet for the point of tangency; Thence, North 019610" East, continuing with the southerly boundary of this tract, a distance of 454.66 feet for the point of curvature of a circular curve to the left which has a delta angle of 90 °00'00 ", a radius of 265.00 feet, a tangent distance of 265.00 feet and an arc length of 416.26 feet; Thence, with said circular curve to the left, continuing with the southerly boundary of this tract, an arc length of 416.26 feet for the point of tangency; Thence, North 88 °43'30" West, continuing with the southerly boundary of this tract, a distance of 320.61 feet to the east boundary of said Dasnlarinas Drive for the southwest corner of this tract; Thence, North 01°16'30" East, with the east boundary of said Dasmarinas Drive, same being the west boundary of said Block 27A and of this tract, a distance of 53.13 feet for the Point of Beginning and containing 80.528 acres of land. Description prepared from previous recorded plats and not from a current on the ground survey. No monumentation was found or set at property corners unless otherwise noted. Bearings based on the recorded plat of Block 27A & 27B, Padre Island- Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 46, Pages 208 thru 2I0, Map Records of Nueces County, Texas, Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. URBAN ENGINEERING Aziyi Juan J. Salazar, R.P.L.S. License No. 4909 St\ Surveying 1.388O81B2OLIFN388o8B2o1 -PARK DISTRICTB•BOAC.doc Page 5 of 5 LINE BEARING DISTANCE L1 N81 -54'02"E 101.34' L2 S88'43'30"E 74.22' L3 57344'29"E 74.35' L4. 576'17'29"W 74.35' 1.5 6488'43'30''W 74.22' L6 N79'21'02"W 101.34' L7 NOl'16'30"E 55.50' L8 N8'l-48'46"E 121.65' L9 NO1'16'30"5 160.00' L10 N41'09'36"E 57.09' L11 552'22'26"E 293.48' L12 53T37'34"W 73.43' 113 516'00'00"W 649.00' L14 529'30'00"E 400.00' 115 N8600'00"E 135.00' 116 N54'00'00"E 190.00' L.17 N04'30'00"E 220.00' L18 N31'20'00'E 460.00' 119 N39'30'00"W 115.00' 120 575'30'00"'E 132.17' 121 N31'20'00"E 235.00' L22 523'18'30"W 259.40' L23 N40'00'00"E 225.00' 124 NI 630'00"W 220.00' L25 N3630'00 "IN 180.00' L26 N8700'OO`W 120.00' L27 552'00'00"W 135.00' 1.28 931'00'00"W 270.00' 129 524'30'00"W 250.00' 130 537'3734"W 160.00' 131 N52-22'2613( 229.43' L32 885'29'23"W 120.00' 1.33 N63'56'30'W 515.00' L34 N2601'30"E 290.98' 135 N69'18'32"E 385.50' L47 500'37'27W 612.84' Block 27A Padre Island -Corpus Christi Island Fairway Estates Vol. 46, Pgs. 208-210, M.R.N.C.T. S1 x'30'00' 696- Lot 1 Block 27B SO4 50' 17 200.23' ti kis S02'47'20"W 257.36' 505'21'25"E 163.50' S05'19'27'W 961.17' 520'11'42"W 155.61' CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH C1 209"58'02" 170.00' 70.18' 622.99' 02 24'45'00" 1722.47' 377.92' 744.05' 0.3 15'08'06" 1435.64' 190.73' 379.23' C4 3600'00" 100.00' 32.49' 62.83' C5 09'57'00" 1735.64' 151.09' 301.41' C6 21'30'53" 1032.13' 196.09' 387.57' C7 89'59'55" 15.00' 15.00' 23.56' C8 43'17'02" 330.00' 130.94' 249.30' C9 90'17'35" 160.00' 160.82' 252.15' C1C 90'00'00" 265.00' 265.00' 416.26' S75'41'27"W 90.76' 573.56,, Padre and -Corpus Christi Island Fairway Estates Vol. 40, Pgs. 154-159. Map Records of Nueces Coun Texas C:G 11.1/L1 Q=29'01'29`k R=912.13' p<` T=236.10' L=462.06' A =39'27'38" R=617.67' o, T=221.53' _c° L=425.40' 400 0 400 GRAPHIC SCALE 1" = 400 Block 3 4 on ta3an 5 Padre Island -Corpus Christi Island Fairway Estates Block 3 Vol. 40, Pgs. 145-146, Map Records of Nueces County, Texas `2g' L47 Block 27A Padre Island -Corpus Christi Island Fairway Estates Vol. 46, Pgs. 208-210, Map Records of Nueces County, Texas C1 (4. .11:1110 15 4 " fiEgtz\ so:e 1C grl © _ .0 vs/71 G�© off' v � s Q� L48 N69'01'05'W 270.00' L49 N0(75655"E 115.00' 7.50 N89'01'05"W 70.18' 151 N01"1630"E 454.66' L52 N8643'30"W 320.61' 153 N01'16'30"E 53.1.3' 80.528 Acres L49 L50 Map to Accompany Padre Island -Corpus hri Island Faimay Estates Feddnotes for an 80.528 aero tract of land out of the foUowing tracts of land Vol. 40. Pgs. 154-159, Map Block 27A, Padre Island -Corpus Christi Island Fairway Estates, a map of which Records of Nueces County, Texas is recorded in Volume 46, Pages 208 thru 210. Map Records of Nueces County, ART. Point of Beginning" for fieldrtote=esanpllopak District �j �j DATE: Apr. 19, 2012 SCALE 1"=400' ENGINEERING ` JOB NO.: 38808.82.01 CORPUS CHRISTI, TEXAS J SHEET: 1 OF 1 F 7456675725 772 S.,o6' r se r a,�,a rx 7�ow DRAWN BY: DL orate 4566) .614 swot 616(361)25448567 S.r.A413aggilarLtalogitat ebr Texas; Portion of Block 26, Padre Island -Corpus Christi Island Fairway Estates, o map of which is recorded in Volume 40, Pages 154 thru 159, Map Records 800 of Nueces County, Texas: lots 15 thru 21 and portions of Lots 14, 22 and 23, Block 43, portions of Lots 6 thru 9. Black 43. portions of Maracaibo Drive and Zaroza Drive, Padre Island -Corpus Christi bland Fairway Estates, a map of r which is recorded In Volume 42, Pages 10 and 11, Mop Records of Nueces County, Texas; and Portions of fats 1 thru 7, Block 33, Padre Island -Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 40, Pages 154 thru 159. Map Records of Nurses County. Texas L53 Dasmarinas Drive 27 al 5 6 URBA LOCATION MAP OF Morino District, Island Wolk District, Park District A, Park District B and Resort District U R B A I4 DATE: APRIL 20, 2012 ENGINEERING SCALE: NTS CHRISTI. TEXAS `OB NO:: 38808'$2'01 CORPUS CHRISTI. J SHEET; 1 OF 1 DRAWN BY; RLG Rae(xi) 85f-xpl FAX , URBAN ENGINEERING Island Walk District STATE, OF TEXAS COUN'T'Y OF NUECES Job No. 38808,8201 April 18, 2012 Ficldnotes for a 94.628 acre tract of land; said 94,628 acre tract being coaaprised of the following tracts: a portion of Block 27A, Padre Island - Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 46, Pages /08 tlrru210,. Map Records of Nueces County, Texas;. a portion of Lot 1, Block 27B, padre Island- Corpus Christi Island Fairway Estates, a Wrap of which is recorded in Volume 47, Pages 163 thru 165, Map Records of Nueces County, Texas; all of Lots 13 through 28 and Lot 15, Block 45, Padre Island - Corpus Christi, Island Fairway Estates, Blocks 45 and 46, a map of which is recorded m Volume 42, Pages 153 through 154, Map Records of Nueces County, Texas; all of Lots 4 and 5, Block 3, Padre Island - Corpus Christi Island. Fairway Estates, Block 3, a map of which is recorded in Volume 40, Pages 145 through 146, Map Records of Nueces County, Texas; all of Lots 1 through 5, Block 40, Lots 1 through 10, Block 39, Lots 1 through. 11, Block 38, Lots :1 through. 18, Block 37, Lots 1 through 3, 8.through 13, portions of Lots 4 through 7, Block 33, portion ofTre'sor Drive, Steed Drive and Calypso Drive, all as shown on the recorded plat of Padre Island - Corpus Christi, Island Fairway Estates, a neap of which is recorded in Volume 41, Pages 128 through 129, Map Records of Nueces County, Texas. Beginning at .a point (no monurnentation found or set) on the west boundary of Padre Island. Drive (State Highway 358) for the northeast corner of Block 46, Padre Island- Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 42, Pages 153 and 154, Map Records of Nueces County, Texas,, for the southeast comer of said BIock 27A and for the a corner of this tract; Thence North 88 °43'30" West, with the common boundary of said. Block 27A and said Block 46, sante being the east boundary of this tract, a distance. of 262.59 feet for the point of curvature (no titotiutnentation found or set) of a circular curve turning to the Left which has a delta angle of 61600'00", a radius of 254.65 feet, a tangent length of 154,00 feet: and an are length of271.11 feet;. Thence, with said circular curve to the left, continuing with said common boundary of said Block 27A and said Block 46, same being the east boundary of this tract, an are length of 271.11 feet for the point of tangency (no inonu nentation found or set); Thence, South 30 °16'30" West, continuing with said common boundary of said Black 27A and said Block 46, same being the east boundary of this tract, a distance of 258.55 feet for a comer of this tract; Thence, South 59 °43'30" East, with the common boundary of Lots 12 and 13, said Block 46, same being the easterly boundary of this tract, a distance of 380.00 feet to the west boundary of Nemo Court, .a public roadway, for a common corner of said Lots 12 and 13 and for a corder of this tract; Thence, with the west boundary of said Netno Street, same being the easterly boundary of this tract, as follows:. South 30 616`30 " West, a distance of 695.87 feet; South 75016122" West, a distance of 28.29 feet; South 30 °16'30" West, a distance of 100.00 feet; South 59 °43'30" East, a distance of 110.00 feet to the east boundary of said Nemo Court; Thence, North 30°1610" East, with the east boundary of said Nerno Court, same being the easterly boundary of this tract, a distance of 46.01 feet for a common comer of Lots 15 and 16, Block 45, Padre Island - Corpus Christi Island Fairway Estates and for a corner of this tract; S;t Surveying\ 388O81B2011FN38808B2O I- TSI.ANI) WALK DISTRICT- 94AC.doc (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.c.om TBPE Firm #145 PAR 1 of 3 FAX (361)854,6001 rob No. 38808.B201 April 19, 2012 Island Walk District -- 94.628 acres Thence, South 59 °43'30" East, with the common boundary of said Lots 15 and 16, same being the easterly boundary of this tract, a distance of 120.00 feet; Thence, South 32°12'43" East, continuing with the common boundary of said Lots 15 and 16, same being the easterly boundary of this tract, a distance of 165.81 feet; Thence, South 01 °16'30" West, continuing with the common boundary of said Lots 15 and 16, same being the easterly boundary of this tract, a distance of 155.00 feet to the center of an existing Navigation Channel for a corner of this tract; Thence, North 88 °43'30" West, along the center of said Navigation channel, same being the easterly boundary of this tract, a distance of 423.58 feet for the point of curvature of a circular curve to the left which has a delta angle of 90 °00'00 ", a radius of 140.00 feet, a tangent length of 140.00 feet and an arc length of 219,91 feet; Thence, with circular curve to the left, continuing along the center of said Navigation channel, same being the easterly boundary of this tract, an arc length of 219.91 feet for the point of tangency; Thence, South 01 °16130" West, continuing along the center of said Navigation channel, same being the easterly boundary of this tract, a distance of 645.00 feet to the north boundary of Whitecap Boulevard, a public roadway, for the southeast corner of this tract; Thence, North 88 °43'30" West, with the north boundary of said Whitecap Boulevard, same being the south boundary of this tract, a distance of 1915.00 feet to the intersection of said north boundary of Whitecap Boulevard with the east boundary of Dasmarinas Drive, a public roadway, for the southwest corner of this tract; Thence, North 01 °16'30" East, with the east boundary of said Dasmarinas Drive, same being the west boundary of this tract, a distance of 470.00 feet for the point of curvature of a circular curve to the right which has a delta angle of 08 °03'24 ", a radius of 2637.98 feet, a tangent distance of 185.78 feet and an arc length of 370.94 feet; Thence, with said circular curve to the right, continuing with the east boundary of said Dasmarinas Drive, same being the west boundary of this tract, an arc length of 370.94 feet for the point of reverse curve of a circular curve to the left which has a delta angle of 08 °02'56 ", a radius of 2430.34 feet, a tangent distance of 170.99 feet and an arc length of 341.41 feet; Thence, with said circular curve to the left, continuing with the east boundary of said Dasmarinas Drive, same being the west boundary of this tract, an arc length of 341.41 feet for the point of tangency; Thence, North 01 °16'30" East, continuing with the east boundary of said Dasmarinas Drive, same being the west boundary of this tract, a distance of 319.88 feet for a corner of this tract; Thence, with the westerly boundary of this tract, as follows: South 88 °43'30" East, a distance of 320.61 feet for the point of curvature of a of circular curve to the right which has a delta angle of 90 °00'00 ", a radius of 265.00 feet, a tangent distance of 265.00 feet and an arc length of 416.26 feet; Thence, with circular curve to the right, continuing with the westerly boundary of this tract, an arc length of 416.26 feet for the point of tangency; S;1 Surveying1388081B2011FN38808B201- ISLAND WALK DISTRICT- 94AC.doc Page 2 of 3 kb No, 38808.B201 April 19, 2012 Island Walk District — 94.628 acres Thence, South 01 °16'30" West, continuing with the westerly boundary of this tract, a distance of 454.66 feet for the point of curvature of a of a circular curve to the left which has a delta angle of 90 °17'35 ", a radius of 160.00 feet, a tangent distance of 160.82 feet and an arc length of 252.15 feet; Thence, with said circular curve to the left, continuing with the westerly boundary of this tract, an arc length of 252.15 feet for the point of tangency; Thence, continuing with the west boundary of this tract, as follows: South 89 °01'05" East, a distance of 70.18 feet; South 00 °58'55" West, a distance of 115.00 feet; South 89 °01'05" East, a distance of 270.00 feet; North 00°3T27" East, a distance of 612.84 feet; North 13 °56'44" East, a distance of 833.29 feet; North 88 °11'47" East, a distance of 260.62 feet; North 75 °41'27" East, a distance of 90,76 feet; North 20 °11'42" East, a distance of 155.61 feet; North 05 °21'25" West, a distance of 163,50 feet; North 05°19'27" East, a distance of 250.00 feet for the northwest corner of this tract Thence, South 50 °59'09" East, with the north boundary of this tract, a distance of 360.56 feet; Thence, North 58 °23'41" East, continuing with the north boundary of this tract, a distance of 147.91 feet; Thence, North 17 °02'40" East, continuing with the north boundary of this tract, a distance of 1350.00 feet; Thence, with the westerly boundary of Lots 1, 2 and 3, Block 27B, Padre Island•Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 47, Pages 163 thru 165, Map Records of Nueces County, Texas, same being the easterly boundary of said Block 27A and the northerly boundary of this tract, as follows: South 87 °22'40" East, a distance of 60,36 feet; South 17 °42'39" East, a distance of 285.11 feet; South 47°11'01" East, a distance of 288.22 feet to the west boundary of aforementioned South Padre Island Drive for the southeast corner of said Lot 3, Block 27B, for a corner of said Block 27A and for the northeast corner of this tract; Thence, South 01 °16'30" West, with the west boundary of said Padre Island Drive, same being the east boundary of said Block 27A and of this tract, a distance of 831.78 feet for the Point of Beginning and containing 94.628 acres of land. Description prepared from previous recorded plats and not from a current on the ground survey. No monumentation was found or set at property corners unless otherwise noted. Bearings based on the recorded plat of Block 27A & 27B, Padre Island - Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 46, Pages 208 thru 210, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. 4909 / S: 1Surveying138808182011FN38808B201- 1SLANA WALK ~. c.,; ; -•: ` Page 3 of3 License No. 4909 J E NG E R )� • J 11.5 alazar .P L .S. 400 ❑ 400 800 Block 2'7B, GRAI?HIC ,SOLE • 1191M11®®61®11. L,_ MEI 22 MOM '1' 10 LINE BEARING DISTANCE L1 S87'22'40"5 60.36' L2 517'42'39"E 285.11' L3 S4711'01"E 288.22' L5 N88'43'30"W 262.59' 1.6 ' 530'16"30'W 258.55' L7 S59'43'30"E 380.00' L9 S75'16'22'W 28.29' L10 S30'16'30"W 100.00' 111 S59'43'30"F: 110.00' L12 N30'16.30"E 46.01' Padre Island --Corpus Christi Island Fairway Estates Vol. 47, Pgs. 163-165. Map Records of fiascos County, Texas Block 27A Padre Island -Corpus Christi Island Fairway Estates Vol. 46, Pgs. 208-210, Map Records of Nueces County, Texas 833 29' L26 Padre W PadaEd-Corpus ChrSMi Mand F Estates Vol. 40. Pee 154-159, Mop Records of Coady. T. 122 C6 Matchline u7 L24 L23 Padre Island Drive (State Highway 358) "Point of Beginning' or fieldnote descri 50116'30"W 831.78' C1 N58"23'41 "E 147.91' 350'59'09"E 360.56' 0 Padre Island -Corpus Christi Island Fairway Estates Blocks 45 and 46 Vol. 42, Pgs. 153-154, Map Records of Nueces Coun Texas IMMO II Q0:::= 47(7 N05' 19'27"E 250.00' N05'21'25"W 163.50' 0ao titkt dt po® C5 o� 44111 41111151511:1112 1. r21* 1:11r44Fgf". � 8 0 © 4 nu 87 (.7 r1� 6 � 4 n 7 .a." 4 m L20 to 5 to 6 [J 5 �` C4C3 NO1 16'30"E 470.00' Dasmannas Drive 0 en M to ads v m 13 °k IW R roses?nP,'o; •� Of A, 7. Map to Accompany 94.628 Acres sP' N75'41'27"E 90.76' Padre Island -Corpus Christi Island Fairway Estates Block 3 Vol. 40, Pgs. 145-146, Mop Records of Nueces County, Texas �W 03 NTrTV 14 • Fieldnotes for a 94.628 acre tract of land; said 94.628 acre tract being comprised of the following tracts: a portion of Bock 27A. Padre Island -Corpus Christ; Island Fairway Estotes, o map of which is recorded in Volume 46, Pages 208 thru 210, Map Records of Nueces County, Texas; a portion of Lot 1, Black 278. Padre Island -Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 47. Popes 163 thru 165, Map Records of Nueces County. Texas; all of Lots 13 through 28 and Lot 15, Block 45, Padre Island • - Corpus Christi, Island Fairway Estates, Blocks 45 and 46. a map of which is recorded in Volume 42, Pages 153 through 154, Map Records of Nueces County,Texas; all of Lots 4 and 5, Block 3, Padre Island - Corpus Christi Island airway Estates, Block 3, o map of which is recorded in Volume 40, Pages 145 through 146, Map Records of Nueces County, Texas; all of Lots 1 through 5, Block 40, Lots 1 through 10, Block 39, Lots 1 through 11, Black 38. Lots 1 through 18. Block 37, Lots 1 through 3. 8 through 13, portions of Lots 4 through 7, Block 33, portion of Tre'sor Drive, Steed Drive and Calypso Drive, all as shown on the recorded plat of Padre Island - Corpus Christi, Island Fairway Estates, a map of which is recorded in Volume 41. Pages 128 through 129, Map Records of Nueces County, Texas. 33.29' L26 L13 559'43'30"E 120.00' L14 532'12'43"E 165.51' L15 601'16'301N 155.00' 118 N88'43'30'W 423.58' 120 N01'16'30"E 319.88' 121 588'43'30"E 320.61' 122 501'16'30'W 454.66' L23 58701'05'E 70.18' 424 500'58'55"W 115.00' L25 S89'01105"E 270.00' 1.25 Noo'37'27"E 612.84' Padre Island-Oorpas isti blond Fak Estates Backs 45 and 46 Vol 42, 153-154. Map Records of nty Cou, Texas 5N 6'3 64500 - 5 0 m a G U v Matchline "A" 0 Id) 03 CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH 01 61'00'00" 254.65' 150.00' 271.11' C2 90'00'00" 140.00' 140.00' 219.91' C3 08'03'24" 2637.98' 185.78' 370.94' C4 08'02'56" 2430.34' 170.99' 341.41' C5 90'00'00" 265.00' 265.00' 416.26' 06 90'17'35" 160.00' 160.82' 252.15' Island Walk District DATE: Apr. 19, 2012 SCALE 1"=400' JOB NO.: 38808.82.01 ENGINEERING SHEET: 1 OF 1 CORP1S CHRISTI. TExes DRAWN BY: DL "Ah 0p 925370 5, CdA &f IG' nee P0) 04.70 R0.` GwT3dfl-ftW- &LSuvowasotc2511.406.14wargfili&A9M1 URBAN' • • +rt' 6 41 • Marina District PABRE ISLAND DRIVE Island Walk z • =I 11- LOCATION MAP OF Marina District, Island Walk District, Park District A. Park District B and Resort District URBAI4 DATE APRIL 20, 2012 SCALE NTS ENGINEERING Joe No.: 38808.82.01 CORPUS CHRISTI. TEXAS SHEET: 1 OF 1 4rn Ha 14.t 2725 SeentrW s.CPPgs MX DRAWN BY: RLG MOVE M85f-370! FAX' (.337) 85f4001 &I.Surreefiele226.011161614.6141•111gRaCingt flm URBAN ENGINEERING Resort District STATE: OF TEXAS COUNTY OF NUl?CES Job No. 38808,8201 Anil 18, 2012 Fieldnotes"for a 231899 acre tract of land (not based on art on the ground survey) out of Padre island - Corpus Christi Commodore's Cove Unit Two, a. map of which is reecorded iit Volume 38, .Pages 36 through 44, Map Records of.Nueces Country, Texas, out of Block 22 -R, Padre Island — Corpus Christi Island Fairway Estates, a map of Which is recorded in Volume 48, Page 19, Map Records of Nueces County, Texas, out of Island Fairway Estates, Blocks 34,. 35 and 36, a map of `which is recorded in Volume 40, Pages 183 and 184,1v1ap Records of Nieces County, Texas, and out of Padre Island -- Corpus Christi, Island Fairway Estates, Blocks 43 and 44, a map of which is recorded in Volume 42, Pages 10 and 11, Map Records of Nueces County, Texas; said 231.899 acre tract being more fully described as follows: Beginning at the southwest subdivision corner of said Padre Island -- Corpus Christi Commodore's Cove Unit Two for the southwest corner of this tract; Thence,. North 26 °27'14" East; along the west boundary of said of Padre, Island- Corpus Christi Commodore's Cove Unit Two, same being the west boundary of this tract, a distance of 1942.87 feet for the beginning of a cirenlar curve to the left whose radius point bears North 09°28'56" East 1699.66 feet and which has a delta angle of 102'05'17 ", a radius of 169966 feet', a tangent length of 2102.20 feet and an arc length 00028.40 feet; Thence, with said circular curve to the left, :leaving said west subdivision boundary and continuing along the west boundary of this tract, an arc length, of 3028.40 feet to the centurion boundary of said Padre Island - Corpus Christi Commodore's Cove Unit Two and of Padre Island- Corpus Christi Conunodore's Cove Unit One, a map of which is recorded in Volume 38, Pages 34 and 35, Map Records of Nueces County, Texas for the end of this circular curve to the Ieft and for the northwest corner of this tract; Thence, North 81 °29'51 " East, with the common boundary of said Coinntodore's Cove Unit One and said Commodore's Cove Unit Two, . sane being the north boundary of this tract, a distance of 33.16 feet; Thence, North 08 °30'00" West, continuing with the common bounds try of said Conunodoree's Cove Unit One and said Commodore's Cove Unit Two, same being the north boundary of this tract, a distance of 15.00 feet; Thence, North 81 °30'00" East, continuing with the common boundary of said Commodore's Cove Unit One and said Commodore's Cove Unit Two, sarne being the north boundary of this tract, a distance of 605.00 feet for the beginning of circular curve to the right whose radius point bears South 08 °35'51" East 165,54 feet and which has a delta angle of 34 °40'03 ", with a radius of 165.54 feet, a tangent distance of 51.67 feet and an arc length of 100.16 feet; Thence, with said circular curve: to the right, continuing with the common boundary of said Commodore's Cove Unit Otte and. said Commodore's Cove Unit Two, same being the north boundary of this tract, an arc length of 100.16 feet for the end of this circular curve to the right; Thence, South 63 °58'30" East, continuing with the conunon boundary of said Commodore's Cove Unit One and said Commodore's Cove Unit Two, same being the north boundary of this tract, a distance of 300.02 feet to the south boundary of Dragonet Street, a 50 foot wide public roadway, fora comer of this tract; S: tsarveying1388081132011FN388081 3201 -1t1 Solt' DISTRICT- 231AC,doc Page 1 of 3 (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854.6001 www,urbaneng,corn TBPE Firm #146 Job No. 38808.B201 April 18, 2012 Resort District - 231.899 acre tract Thence, South 26 °01'30" West, leaving said common boundary and continuing along said south boundary of Dragonet Street, same being the north boundary of this tract, a distance of 165.00 feet to the east boundary of Bello Drive, a 50 foot wide public roadway, for a corner of this tract; Thence, South 63 °58'30" East, with the east boundary of said Bello Drive, same being the north boundary of this tract, a distance of 355.00 feet to the east boundary of Aquarius Street, a 60 foot wide public roadway, for a corner of this tract; Thence, North 26 °01'30" East, with the east boundary of said Aquarius Street, same being the northerly boundary of this tract, a distance of 155.00 feet for the point of curvature of a circular curve to the right which has a delta angle of 90 °00'00 ", with a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; Thence, with said circular curve to the right, an arc length of 15.71 feet for the point of tangency on the southerly boundary of Commodore's Drive, an 80 foot wide public roadway; Thence, South 63 °58'30" East, with the southerly boundary of said Commodore's Drive, same being the north boundary of this tract, a distance of 512.27 feet for the point of curvature of circular curve to the right which has a delta angle of 44°19'25", a radius of 377.25 feet, a tangent distance of 153.66 feet and an arc length of 291.84 feet; Thence, with said circular curve to the right, continuing with the south boundary of Commodore's Drive, same being the north boundary of this tract, an arc length of 291.84 feet; Thence, South 19 °13'30" East, continuing with the southerly boundary of said Conunodore's Drive, same being the north boundary of this tract, a distance of 991.20 feet for the point of curvature of circular curve to the left which has a delta angle of 10 °15'33 ", with a radius of 506.86 feet, a tangent distance of 45.50 feet and an arc length of 90.76 feet; Thence, with said circular curve to the left, continuing with the southerly boundary of said Commodore's Drive, same being the north boundary of this tract, an arc length of 90.76 feet for the end of this circular curve to the left, for the northeast corner of this tract and for the beginning of a reverse curve turning to the right which has a delta angle of 86 °57'28 ", with a radius of 20.00 feet, a tangent distance of 18.97 feet and an arc length of 30.35 feet; Thence, with said circular curve to the right, an arc length of 30.35 feet for the point of tangency on the west boundary of proposed Aquarius Street and for the beginning of another circular curve to the right which has a delta angle of 30°21'53", with a radius of 139.50 feet, a tangent distance of 37.86 feet and an arc length of 73.93 feet; Thence, South 87 °50'30" West, with said west boundary of proposed Aquarius Street, same being the east boundary of this tract, a distance of 153.62 feet for the point of curvature of circular curve to the left which has a delta angle of 18 °31'58 ", with a radius of 410.00 feet, a tangent distance of 66.89 feet and an arc length of 132.62 feet; Thence, South 69 °18'32" West, continuing with said west boundary of proposed Aquarius Street, same being the east boundary of this tract, a distance of 1070.11 feet to the point of curvature of a circular curve to the left which has a delta angle of 30 °31'02 ", with a radius of 410.00 feet, a tangent distance of 111.84 feet and an arc length of 218.38 feet; Thence, with said circular curve to the left, continuing with said west boundary of proposed Aquarius Street, same being the east boundary of this tract, an arc length of 218.38 feet to the west boundary of existing Aquarius Street for a corner of this tract; Thence, South 26 °01'30" West, with the west boundary of said existing Aquarius Street, a distance of 1456.54 feet to the intersection of said west boundary of Aquarius Street with the south boundary of Lucio Drive, 50 foot wide public roadway, for the southeast corner of this tract; S:1 Surveying1388081B201WN38808B201- RESORT DISTRICT- 231AC.doc Page 2 of 3 Job No. 38808.8201 April 18, 2012 Resort District - 231,899 acre tract Thence, North 63 °58'30" West, with the south boundary of said Lucia Drive, same being the common boundary of said Commodore's Cove Unit Two and Commodore's Pointe P.U.D 2 Unit 2, a map of which is recorded in Volume 65, Pages 87 and 88, Map Records of Nueces County, Texas and same being the south boundary of this tract, a distance of 220.13 feet to a circular curve to the Ieft which has a delta angle of 26 °27' 16 ", with a radius of 230.26 feet, a tangent distance of 54.12 feet and an arc length of 106.32 feet; Thence, with circular curve to the left, continuing with said common boundary of said Commodore's Cove Unit Two and Commodore's Pointe P.U.D 2 Unit 2, same being the south boundary of Lucia Street and of this tract, an arc length of 106,32 feet for the point of tangency; Thence, South 89°34'14" West, continuing with said conunon boundary of said Commodore's Cove Unit Two and Commodore's Pointe P.U.D 2 Unit 2, same being the south boundary of Lucio Street and of this tract, a distance of 474.00 feet for the northwest corner of said Comrnodore's Pointe P.U.D 2 Unit 2 and for a corner of this tract; Thence, South 00 °25'46" East, with the west boundary of said Commodore's Pointe P.U.D 2 Unit 2, same being the southerly boundary of this tract, a distance of 135.00 feet for a corner of said Commodore's Pointe P.U.D 2 Unit 2 and of this tract; Thence, South 89 °34'14" West, continuing with the southerly boundary of this tract, a distance of 263.50 feet; Thence, South 54 °01'30" West, continuing with the southerly boundary of this tract, a distance of 162.50 feet; Thence, South 26 °01'30" West, continuing with the southerly boundary of this tract, a distance of 413.09 feet; Thence, North 63 °58'30" West, continuing with the southerly boundary of this tract, a distance of 135.98 feet; Thence, South 26 °01'30" West, continuing with the southerly boundary of this tract, a distance of 252.75 feet; Thence, North 63 °32'46" West, continuing with the southerly boundary of this tract, a distance of 1590.75 feet to the Point of Beginning and containing 231.899 acres of land. Description prepared from recorded plats and previous surveys and not a current on the ground survey. No monumentation was found or set at property corners unless otherwise noted. Bearings based on the recorded plat of Padre Island- Corpus Christi Commodore's Cove Unit Two, a map of which is recorded in Volume 38, Pages 36 thru 44, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy, S:1 Surveying1388081B201WN38808B201- RESORT DISTRICT 231AC.doc URBAN ENGINEERING Adtty-1 Juan J, Salazar, R.P.L. S. License No. 4909 Page 3 of 3 Pointof,$Cng N26'27'14"E 1942.87' L15 ,. 7.1 231.899 Acres Nr9_06,0, • C10 S26'01 30"W 1456;54r•• • CURVE OELTA ANGLE ARC LENGTH RADIUS TANGENT C1 102'05'17" 3028.40' 1699.66' 2102.20' C2 34'40'03" 100.16' 165.54' 51.67' C3 44'19'25" 291.84' 377.25' 153.66' C4 10'15'33" 90.76' 506.86' 45.50' C5 86'57'28" 30.35' 20.00' 18.97' C6 30'21'53" 73.93' 139.50' 37.86' C7 18'31'58" 132.62' 410.00' 66.89' C8 30'31'02" 218.38' 410.00' 111.84' C9 26'27'16" 106.32' 230.26' 54.1'2' CIO 90'00'00" 15.71' 10.00' 10.00' deQ' LINE BEARING DISTANCE L1 N81'29'51"E 33.16' L2 N08'30'00"W 15.00' L3 563'58'30"E 300.02' L4 526'01'30"W 165.00' L5 563'58'30"E 355.00' L6 N26'01'30"E 155.00' L7 587'50'30"W 153.62' L8 N63'58'30"W 220.13' L9 S89'34'14"W 474.00' L10 S00'25'46"E 135.00' L11 589'34'14"W 263.50' L12 654'01'30"W 162.50' L13 626°01'30"W 413.09' L14 N63'58'30"W 135.98' L15 526'01'30"W 252.75' 900 600 300 0 600 1200 1 "=60O' 0 - Map to Accompany 10 p01 Fieidnotes for a 231.899 acre tract of land (not based on an on the rel in ground survey) out of Padre Wand -Corpus Christi Commodores Cove O Unit Two, a map of which is recorded in Volume 38, Pages 36 through 44, Mop Records of Nueces County, Texas. out of Block 22-R, Padre Island - Corpus Christi Island Fairway Estates, a map of which is recorded in Volume 48, Page 19, Map Records of Nueces County, Texas, out of Island Fasway Estates, Blocks 34, 35 and 36, a map of which is recorded in Volume 40, Pages 183 and 184, Map Records of Nueces County, Texas, and out of Padre Island - Corpus Christ, Island Fairway Estates, Blocks 43 and 44, a map of which is recorded in Volume 42, Pages 10 and 11, Map Records of Nueces County, Texas Resort District URBA ENGINEERING CORPUS CHRISTI, TEXAS i SHEET: 1 OF 1 - 2725 854a"'°' x (SET) 854-6041 lv,..nealeattaJbatirbea.25.41110Bra 1. DRAWN BY: Rix pine Ow) DATE APRIL 19, 2012 SCALE 1 "•600' JOB NO.: 38808.82.01 r/ 7 • _z - LOCATION MAP OF Marina District, Island Walk District, Park District A, Park District B and Resort District URBA 14 DATE APRIL 20, 2012 ENGINEERING ONsse0&B2.01 CORPUS CHRIS11, TEXAS / sHEEr: 1 OF 1 �"' DRAWN BY RLC EN ENGINEERING Marina District STATE OF TEXAS COUNTY O NUECES Job No. 38808.8200 Apri118, 2012 Fieldnotes for a 91.587 acre tract of land; said 91.587 acre tract being out of the following tracts; :a 23.07 acre tract, an 85.22 acre tract and a 49.89 acre tract out of Padre Island Number 1, as shown on the vacating plat of Padre Island Corpus Christi. Section H Unit 1 and Portions of Padre Island: No. 1, a map of which is recorded in Volume 52, Pages 6.0" through 62, Map Records of Nueces County, Texas, and out of.a portion of a 224.923 acre tract of land out of Tracts C and D, Padre Island No, 1; said 91.587 acre tract being more fully described by metes and bounds as follows: Beginning at a point (no monumentation found or set) on the east boundary of Padre Island Drive (State Highway 358) for the southwest corner ofthis tract, from which point of beginning, the southwest corner of Lot 19A, Block 22, Padre Island Number 1, a map of which is recorded in Volume 13, Pages 1 through 8, Map Records ofNueces County, Texas, same being the intersection of the north boundary of Whitecap Boulevard, public roadway, with the east boundary of said Padre Island Drive (State Highway 358) bears South 01 °16'30" West, a distance of 1337.62 feet; Thence, North 01 °16'30" East, along said east boundary of Padre island Drive (State Highway 358), a distance of 3362.00 feet for the northwest corner (no inonurnentation found or set) of this tract; Thence, South 88 °43'30" East, along the north boilndaly of this tract, a distance of 690,52 feet for the northeast corner (no monumentation found or set) of this tract; Thence, along the east boundary of this tract as follows: South 52°51'59" East, a distance of 478,97 feet; South 01 °15'15" West, a distance of 350.00 feet; South 43 °44`45" East, a distance of 680.00 feet; South 01°15'15" West, a distance of 700.00 feet; South 46°15'15" West, a distance of 741.52 feet; South 01 °15'15" West, a distance of 8.01.04 feet for the southeast corner (no monumentation found or set) of this tract; Thence, along the south boundary of this tract, same being the northerly boundary of Padre island -- Corpus Christi, Cane Harbor Bay, a map of which is recorded in Volume 49, Pages 5 and 6, Map Records. ofNueces County, Texas as follows: North 65 °19'19" West, a distance of 188.29 feet; South 73 °40'26" West, a distance of 170.00 feet; S: ISwveying13 8 8 081132 0 11FN3880813201 •MAIt1Jy1A, -91 AC.doe Page 1_ of 2 (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX (361)8546001 www.urboneng,com TBPE Firm #145 Job No. 38803.B201 April 18, 2012 Marina District — 91.587 Acres South 25 °22'02" West, a distance of 261.52 feet; Thence, North 89 °40'25" West, a distance of 594.73 feet to the Point of Beginning and containing 91.587 acres of land. Description prepared from previous surveys and not a current on the ground survey. No monumentation was found or set at property comers unless otherwise noted. Bearings based on the recorded plat of Padre Island Number 1, a map of which is recorded in Volume 13, Pages 1 through 8, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. URBAN ENGINEERING Ae-Q-ba-v Juan J. Salazar, R.P.L.S, License No. 4909 s:\Surveying1388084B2O111 N388o8B201- MARINA- 91AC.doo Page 2 of 2 224.923 Acres out of Tracts C and 0, Padre Island No. 1 S01'15'15"W 350.00' Co W 0 1) Nf 00 CO fn SO1'15'151W 700. 91.587 Acres Vacating Plat of Padre Island — Corpus Christi Section H Unit 1 and Portion of Padre Island No. 1 Vol. 52, Pgs. 60-62, Map Records of Nueoes County, Texas S 20. N01'16'30"E 3362.00' Padre Island Drive (State Highway 358) Map to Accompany Vacating Plat of Padre Island — Corpus Christi Section H Unit 1 and Portions of Padre Island No. 1 Vol. 52, Pgs. 60-62, Mop Records of Nueces County, Texas 501'15'15"W 801.04' N6519'19"W 188.29' 573'40'26"W 170.00' 525'22'02"W 261.52' Fieldnotss for a 91.592 acre tract of land; said 91.592 acre tract being out of the following Marks a 23.07 acre tract, an 85.22 acre tract and a 49.89 ade tract out of Padre Island Number 1, as shown on the vacating plat of Padre Island — Corpus Christi Section H Unit 1 and Portions of Padre Island No. 1, a mop of which is recorded in Volume 52, Pages 60 through 62, Map Records of Nueces Nla e>�, and out of a portion of a 224.923 acre tract of land out of Tracks C and 0, Padre nd No. 01+4' ne Harbor Boulevard padre a "Point of Beginnipe� for fieldnote description 5-5, Ieltos kg, Pgs-_ Vacating Plat of Padre Island — Corpus Christi Section H Unit 1 and Portions of Padre island No. 1 Vol. 52, Pgs. 60-62, Map Records of Nueces County, Texas arm CmVM Poke Island Number 1 m Vol i 13, Pgs. I�27 , I Map Records of Nueces County, Texas Avenue mm S01'16'30'W 1337.62' 400 0 400 800 GRAPHIC �SoCALE URBAN' 5 m O. o(i 3 Marina District DATE Apr. 19, 2012 SCALE: 1"=400' ENGINEERING JOB NO.: 38808.82.01 CORPUS CHRISTI, TEXAS' SHEET: 1 of 1 ,r, ,4r. 2725 S„1„ r,,,,SL. a 7X �raR DRAWN 13Y: XG ( 1251—aror F "`251) xsr-aur Marina District :% LOCATIONMAP OF Marina District, Island Walk District, Park District A, Park District B and Resort District s ,•' ` „G,^ URBAI"i' DATE APRIL 20, 2012 ENGINEERING NO.:JOB �B201 / CORPUS CHRISTI, TEXAS J S1ZET 1 OF 1 r mem,a ssa a cess rau >x PM& DRAWN BY: RIG R RofE 050 1154-.1707FAX 0601 its+ --scar EROgtJsradax AGENDA MEMORANDUM for the City Council Meeting of May 15, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danbcctexas.com; 826 -3729 UPDATE TO CITY COUNCIL DESTINATION BAYFRONT STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. OUTSIDE PRESENTER(S): Name 1. Trey McCampbell 2. JJ Hart 3. Mary Margaret Jones 4. Jamie Springer BACKGROUND : Title /Position Interim Director Title /Position Member Member Project Manager Project Manager Department Engineering Services Organization Destination Bayfront Destination Bayfront Hargreaves & Assoc. HR &A Advisors This is an update on Destination Bayfront as requested by the Destination Bayfront Committee LIST OF SUPPORTING DOCUMENTS: Powerpoint Presentation Destination Bayfront Corpus Christi May 15 2012 City Council Presentation HARGREAVES ASSOCIATES Lake € iata Architect ; urn. Ramirez & Associates f La rr r• Griffith Associates / t-(R&A Advisors ETM 8, Associates / AGOM / Sherwood Design Engineers / Naismith / NRG / LNV Road Map to Destination Bayfront Community Vision of Site Activities Fundraise a Construct Select Design Team 4. Constructio 4. n Drawings Program & Concept Design a Schematic Design HARGREAVES . SSOCIAIES P o ec Time ®ne Project Roadmap Council Update $110,000 Destination Bayfront Shoreline Road Realignment $636,901 2008 Bond, Shoreline Realignment & park amenities 2011: Dec 2012: Jan -- Feb— March --April Design Phase Programming $678,237 2008 Bond, Shoreline Realignment & park amenities Council Update 2012: May --June --July -- August Bid Phase i TBD 2012: Sept --Oct --Nov Begin Construction Expand use of existing park area Begin Initial Capital Fundraising HARGREAVES ASSOGIAI ES • CBD ---- Christtls Spolot Hospital Shorello4 Exisflng ate Context Pnrk Sherrill Par14 MCGEE BEACH Beach cafe COLE PARK picnic area amphitheater play area skate park fishing pier windsurfing launch site MARINA ferry/bus stops restaurants public boat launch water events market days S.E.A.TOWN museums convention center harbor playhouse whataburger field hurricane alley waterpark historic ships historic park arts and science park fountain cafe NORTH BEACH u.s.s. lexington texas state aquarium restaurants ferry/bus stops beach HARGREAVES ASSOCIAI E.5 Opp° n es + Cons a'n s 41 43 CBD --- 44' tartivrtatir MCGEE BEACH S.E.A.TOWN PROVIDE CONTINUOUS ACCESS COLE PARK ALONG WATERFRONT key open space arts + culture MINprivate ownership beach marina EXTEND FERRY MARINA CONNECTION ACTIVATE L -HEAD + T -HEADS kikt$1 parking pedestrian access restaurants t missing access link 401110. NORTH BEACH HARGREAVES ASSOCIAI E.5 Des nation Bayfront Site MARINA BASIN ... *---- DESTINATION BAYFRONT 34 ACRES HARGREAVES A$SOCIAIES Environmen a Conditions POOR WATER CIRCULATION IN BASIN EAST WINDS AND SAND BLOW FROM THE SOUTHEAST Concep Design options HARGF EAVES ASS0CIA155 Shoreline Boulevard Site Ac vity Plan Gateway Sware 'and Park crit V+` ter Rare and Edu tion Area. HARGF EAVES ASS0CIA1ES Opt on Rooms Overa View HARGF EAVES ASS0CIA1ES Op on 2: .on ®nuous andsca e Overa View Fina Concep Design '4ARGREAVES Ar' 5 S 0 EXPLORATIONAL PLAY AREA FAMILY AREA Fina Concep Design GREAT LAWN / SHERRILL FESTIVAL AREA PARK u 4.4474,4444444444444, ,..4444,44 , 44444444 • McGEE BEACH PIER FAMILY WATER RECREATION AREA HARGREAVES A5SOCIA155 Exp ora onal P ay Area SLIDE SPRAY GRa,UND vuew G CHANGING ROOMS, RESTROOMS, RETAIL OR SNACK BAR - - 0-2 / 2-5 YEAR PLAY AREAS SNACK BAR OR RETAIL 5-12 YEAR PLAY AREA CLIMBING WALL, RAMP, LOOKOUT HARGREAVES A5SOCIA155 P ay Area SPRAYGROUND SHADE STRUCTURES Family Area HARGREAVES A$SOCIAIES Fan y Area 4,1ct,:$01"4*Mt:1311NR.'"!. • '--'1*-:*:41,1 SEATING SLOPE & COMMUNITY STAGE SEATING SLOPE & CHILDREN'S STAGE COURT SPORTS SENIOR EXERCISE PICNIC GROVE RESTROOMS SMALL LAWN SPORTS BIKE RENTAL BEACH CAFE SHADE STRUCTURES HARGREAVES AssoCIA1E5 Fan y Area BEACH CAFE SMALL SCALE LAWN SPORTS COURT SPORTS , A • CHILDREN'S EVENT SPACE HARGREAVES A5SOCIA1 ES COMMUNITY EVENT SPACE Fan y Area MIST SCREEN SMALL SCALE LAWN 1 SPORTS • -i-t-741-. PICNIC AREAS BEACH CAFE SEATING SHADE STRUCTURES BEACH CAFE BOARDWALK PROMENADE HARGREAVES ASS OC I A 5 Beach Ramp, Terraces and Pier MARINA BASIN FAMILY WATER RECREATION HARGREAVES ASSOCIAIES Beach Ramp FOOD, WASH - OFF STATIONS, RECREATION RENTALS - PIER 1W-Vt$71400W51; Aftokl*:. *A, le. CONCRETE SEATING TERRACES WOODEN DECK RAMP muirmam, Grea awn HARGREAVES ASSOCIAILS Great a n FESTIVAL AND EVENT LAWN COVERED STAGE pARGREAVES Assoc-HAILLS Great a n PARK WELCOME CENTER SHADED STAGE SHADE TREES Sher Park HARGREAVES ASSOCIAI Es S err Park Concep Design PARKING AND ADA ACCESS 300 PERSON SHADED EVENT SPACE SHADE STRUCTURES, RESTROOMS, WELCOME CENTER MEMORIAL SPACES, SEATING & SHADE TREES LAWN AREA AND POSSIBLE SUBMARINE SITE 0 HARGREAVES ASSOCIAIES Sherrifl Park 4,0 SHADED EVENT SPACE BEYOND SHADED SEATING DECK PALM GROVE WATER VIEWS --A'ARRAAARx MEMORIAL AaRRARAIRRAR Shoreline Boulevard HARGP'EAVES Assoc -HAI 55 7-1 Parking a d Service LJ • • * cy CCes PubIic/ L -Head Access HARGREAVE ASSOCIAI E Shore hne Blvd Hargreaves Team Proposal - 4 TRAFFIC LANES (DIVIDED) - ANGULAR PARKING AT PARK EDGE HARGREAVES ASSOCIAI Es Shore hne Blvd Hargreaves Team Proposal exls oadway 38' Corridor 46' Corridor PARK f J / f 25' 5' 11' 11' 11' 11' 17' 18' - 4 TRAFFIC LANES (DIVIDED) - ANGULAR PARKING AT PARK EDGE HARGPFAVES A S fE- !Ai ES S o e ne Boulevard Precedents Budge and Phasing HARGREAVES ASSOCIAI ES Conceptual Construction Cost Estimate - $58M PLAY AREA $7.8M GREAT LAWN & FAMILY AREA PARKING SHERRILL PARK $7.9M $14.9M $7.1M L_L_A E_J L-] PROMENADE SHORT PIER MARINA BASIN $12.4M $6.6M IMPROVEMENTS $1.3M HARGREAVES 0550CIA155 Tota Estimated Pro ect Cost $72.5M Construction Cost $58.011/7 Construction Contingency and Soft Costs .$145A4 151 `4, egee0000000000000e, 00,0000.00000. Oe Economic Benef:ts HARGREAVES ASSOCIAI ES Downtown Revitalization Cycle Public space is part of a comprehensive approach to downtown economic development. Commercial development Residential attraction Retail amenities HARGREAVES ASSOCIAI ES De tination Bayfront is Critical to Growth Destination Bayfront is part of making the downtown a... Stronger Tourist & Convention Hub More Active Central Business District Neighborhood for Living and Working HARGREAVES ASSOCIAI ES Economic Benefit of Destination Bayfront Could help drive $100-150 million in new annual spending. $2,000 $1,800 0) $1,600 c c --ch" $1,400 (i) $1,200 71-3 E E9 $1,000 $800 $600 $400 Total Spending Growth Potential 2012-2020 Bayfront Increment (10% increase from Moderate Growth) Moderate Growth (35% increase from 2012-2020) $200 $0 2012 Sources: Texas Economic Dewelopment & Tourism; Corpus Christi Convention & Visitors But ESRI; US C3n SUS But US Bureau of Labor Statistics; I-1R&A Analysis 2020 HARGREAVES ASSOCIATES Fiscal Benefit of Destination Bayfront Revenue from incremental spending catalyzed by the Bayfront Revenue from new development in the Bayfront District, bv 2020 $2.5 $3.75 I ion $0.5 million Annual incremental revenue to the City Sources: Teas Economic Development & Tourism 2010; 1-1R&A Analysis $3.0 $4.25 million The Year Ahead Next S eps • Tonight: Public Meeting - Final Concept Design • May - June Preliminary Cost Estimates Capital Funding and Revenue Plan Operations & Maintenance Budgets Governance Case Studies • Mid July: 3rd Public Meeting presentation of 50% Schematic Design • Mid September: 4th Public Meeting presentation of 100% Schematic Design