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HomeMy WebLinkAboutAgenda Packet City Council - 10/23/2012Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, October 23, 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. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor James Thompson, St. John Lutheran Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1 12 -00748 Proclamation declaring October 23, 2012 as "Texas Paralegal Day" Proclamation declaring October 27, 2012 as "Palmer Drug Abuse Program Drug Free Walk /Drug Free Youth Day" F. MINUTES: 2 12 -00747 Approval of Meeting Minutes - October 9, 2012 and October 16, 2012. Attachments: Minutes - October 9, 2012.pdf Minutes - October 16, 2012.pdf G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) Corpus Christi Page 1 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 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: (ITEMS 3 - 15) 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. 3 12 -00695 Purchase of Six (6) Side Loading Refuse Trucks for city -wide automated collection process (Requires 2/3 vote) Motion approving the lease- purchase of six (6) side - loading refuse trucks from Rush Truck Centers of Texas LP, Houston, Texas for a total amount of $1,576,127.60 of which $84,438.57 is required for the remainder of FY 2012 -2013. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the lease- purchase of the vehicles will be provided through the City's lease- purchase financing program. Attachments: Agenda Memo - Lease - Purchase Side - Loading Refuse Trucks -V2 Price Sheet - Lease - Purchase Side - Loading Refuse Trucks.xls 4 12 -00708 Approving purchase of electronic ticket writers for traffic officers (Requires 2/3 vote) Motion approving the purchase of fifteen (15) hand held ticket writers for the Corpus Christi Police Department in the amount of $69,419, from Brazos Technologies, College Station, Texas based on General Services Administration Contract No GS -35F- 0096X. Funds are available through the 2012 Edward Byrne Justice Assistance Grant. Attachments: Agenda Memo - Brazos Tech Ticket Writers Brazos quote 5 12 -00709 Professional services contract for geotechnical study for water line, gas line, and management information system conduit from Laguna Shores Boulevard to Padre Island Drive (Requires 2/3 vote) Corpus Christi Page 2 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 Motion authorizing the City Manager, or designee, to execute a Contract for Geotechnical Engineering Services with Kleinfelder Central, Inc. of Corpus Christi, Texas in the amount of $70,000.00 for the Padre Island Water Supply Study. Attachments: Memo - PI Water Supply Study Project Budget - Padre Island Water Supply Study.xls Location Map Padre Island Water Supply Study.pdf Agreement - Padre Island Water Supply Study 6 12 -00713 Professional services contract for survey and design work to re -route power lines that cross water treatment plant (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for professional services with AEP Texas Central Company in the amount of $400,000.00 for the O.N. Stevens Water Treatment Plant Transmission Line Relocation Project. Attachments: Memo - ONSWTP AEP Contract Protect Budget - ONSWTP AEP Transmission Line Reloc.xlsx Location Map - ONSWTP AEP Transmission Line Reloc. pdf Contract - AEP Powerpoint AEP Transmission Line Relocation 7 12 -00655 Second Reading Ordinance - Executing a sublease agreement to build and operate a bicycle motocross track on a portion of Manuel Q. Salinas Park at 1354 Airport Road (1st reading 9/18/12) (Requires 2/3 vote) Ordinance authorizing the City Manager, or his designee to execute a 5 year sublease agreement with South Texas BMX, LLC for the use of approximately 3 acres out of Manuel Q. Salinas Park located at 1354 Airport Road, for construction and operation of a bicycle motocross facility, with options to extend for up to two additional five year terms, in consideration of monthly rental payments of ten percent of net revenues; providing for severance; and providing for publication. Attachments: Agenda memo - South Texas BMX Ordinance - South Texas BMX LLC Lease - South Texas BMX 8 12 -00677 Second Reading Ordinance - Change of zoning from the "RS -TF" Two - Family District to the "ON" Office District at 5446 Lipes Boulevard (1st reading 10/16/12) (Requires 2/3 vote) Corpus Christi Page 3 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 Case No. 0812 -03 Michael G. Winnie and Liza Winnie: A change of zoning from the "RS -TF" Two - Family District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. The property to be rezoned is described as Corpus Christi Retirement Residence Addition, Block 1, Lot 2, located along the north side of Lipes Boulevard, approximately 800 feet west of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (August 15, 2012): Approval of the change of zoning from the "RS -TF" Two - Family District to the "ON" Office District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Michael G. Winnie and Liza Winnie, acting on behalf of Grace Bible Church of Corpus Christi, Texas ( "Owner"), by changing the UDC Zoning Map in reference to Corpus Christi Retirement Residence Addition, Block 1, Lot 2, from the "RS -TF" Two - Family District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; providing a repealer clause; providing for penalties; and providing for publication. Attachments: Agenda memo - Public Hearing and First Reading - Zoning - Winnie (2) Aerial Overview Map (3) Report for CC w Attchmts Winnie (FINAL 8- 29 -12) (4) Ordinance wAttchmt, Winnie (ON) 9 12 -00678 Second Reading Ordinance - Change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District at 3226 Houston Street (1st reading 10/16/12) (Requires 2/3 vote) Case No. 0812 -05: Nueces County Community Action Agency: A change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change of future land use from low density residential to medium density residential. The property to be rezoned is described as Laughlin Addition, Block 3, Lot 25 -A, located along the north side of Houston Street approximately 400 feet east of Kostoryz Road. Planning Commission & Staff Recommendation (August 15, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Nueces County Community Action Agency ( "Owner"), by Corpus Christi Page 4 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 changing the UDC Zoning Map in reference to Laughlin Addition, Block 3, Lot 25 -A, from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; providing a repealer clause; providing for penalties; and providing for publication. Attachments: Agenda memo - Public Hearing and First Reading - Zoning NCCAA Aerial Overview Map, NCCAA Report for CC w Attchmts, NCCAA (8- 29 -12) Ordinance, NCCAA, FINAL 9 -12 -12 10 12 -00698 Second Reading Ordinance - Change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District at 5879 South Padre Island Drive (1st reading 10/16/12) (Requires 2/3 vote) Case No. 0912 -02 Williams Airline Partners, Ltd.: A change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District, resulting in a change of future land use from medium density residential to commercial. The property to be rezoned is described as being a 1.792 -acre tract of land out of Lot H, Wilkey Addition Unit 2, located on the north side of Williams Drive and approximately 1,200 feet west of Airline Road. Planning Commission and Staff Recommendation (September 12, 2012): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Williams Airline Partners, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 1.792 -acre tract of land out of Lot H, Wilkey Addition Unit 2, from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; providing for a repealer clause, penalties, and publication. Attachments: Agenda Memo, WAP Aerial Overview Map WAP Report for CC WAP (9- 12 -12) Ordinance, WAP (9- 21 -12) 11 12 -00700 Second Reading Ordinance - Change of Zoning: Request for a Special Permit for the wholesale storage of motor oils and lubricants in the "IL" Light Industrial District, at 5440 Ayers Street (1st reading 10/16/12) (Requires 2/3 vote) Corpus Christi Page 5 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 Case No. 0912 -01 Arnold Brothers Properties, L.P.: The applicant is requesting a Special Permit for the wholesale storage of motor oils and lubricants in the "IL" Light Industrial District, not resulting in a change of future land use. The property to be rezoned is described as being a 0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision, located on the east side of Ayers Street (SH 286 Business) and approximately 1,000 feet north of Holly Road. Planning Commission and Staff Recommendation (September 12, 2012): Approval of the Special Permit in the "IL" Light Industrial District subject to specified conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Arnold Brothers Properties, L.P. ( "Owner"), by changing the UDC Zoning Map in reference to a 0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision, by granting a Special Permit to the Owner in the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda memo - ABP Aerial Overview Map ABP Report for CC, ABP (9- 25 -12) Ordinance, ABP (9- 21 -12) 12 12 -00701 Second Reading Ordinance - Change of Zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District at 5218 Silverberry Drive (1st reading 10/16/12) (Requires 2/3 vote) Case No. 0912 -03 Starplex Operating, L.L.C.: A change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District, not resulting in a change of future land use. The property to be rezoned is described as being a 7.7 -acre tract of land out of Lot 11, Block 3, S.P.I.C.E. Plaza, located along the east side of Silverberry Drive and along the south side of South Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (September 12, 2012): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Starplex Operating, L.L.C., acting on behalf of STORE SPE Starplex, LLC ( "Owner"), by changing the UDC Zoning Map in reference to a 7.7 -acre tract of land out of Lot 11, Corpus Christi Page 6 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 Block 3, S.P.I.C.E. Plaza, from the "IL" Light Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; providing for a repealer clause, penalties, and publication. Attachments: Agenda Memo Starplex Operating Aerial Map Starplex Operating Report for CC Starplex Operating Ordinance Starplex Operating (9- 21 -12) 13 12 -00699 Second Reading Ordinance - Utility easement closure to develop property located on the southwest corner of Ocean Drive and Airline Road (1st reading 10/16/12) (Requires 2/3 vote) Ordinance abandoning and vacating a 14 -foot wide portion of a 38 -foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates; and requiring the owner, Airline and Ocean Investments, L.P., to comply with the specified conditions. Attachments: Ocean Village Estates Agenda Memo 10 -23 -12 Ocean Village -Ocean Village Estates Final Ordinance with Exhibits 10 -23 -12 14 12 -00710 Second Reading Ordinance - Use privilege agreement to allow communications cable to cross city right -of -way for private business operations (1st reading 10/16/12) (Requires 2/3 vote) Ordinance authorizing the City Manager to execute a use privilege agreement with Super Commercial Properties, LLC, and Gates E &S North America, Inc. ( "Permittees "), to install, operate, maintain, and remove an aerial fiber optic communications cable across the 44th Street public right -of -way from 134 44th Street to 123 44th Street, subject to Permittees' compliance with the specified conditions. Attachments: Agenda Memo - Gates ES North America UPA 10 -23 -2012 ORDINANCE - UPA Super Comm - Properties and Gates E S NA vFinal2 (10- Gates E &S North America UPA, Executed by Parties 15 12 -00705 Second Reading Ordinance - Approving Type A agreement and appropriating funds for constructing two plants at the port (1st reading 10/16/12) (Requires 2/3 vote) Ordinance approving a Type A Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and M &G Resins USA, LLC ( "M &G ") to provide a grant of up to $3,000,000 for constructing two plants in the inner harbor, investing $751 million, creating 220 full -time jobs, and paying at least $11.7 million in annual wages and authorizing the City Manager, or Corpus Christi Page 7 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 designee, to execute a Project Support Agreement with the Type A Corporation to administer the M &G Type A Incentives Agreement and appropriating $3,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Type A Corporation to M &G for constructing two plants in the inner harbor, investing $751 million, creating 220 full -time jobs, and paying at least $11.7 million in annual wages; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $3,000,000. Attachments: Agenda Memo Exec Summary Form - M &G Resins ORDINANCE MG 9 -28 -12 Type A Incentive Agreement - signed by MG 27Sept2012 Type A Business Support Agreement - MG 9 25 12 J. EXECUTIVE SESSION: (ITEMS 16 - 17) 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. 16 12 -00752 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater treatment plants, with possible discussion and action in open session. 17 12 -00738 Executive Session pursuant to Section 551.072 to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person with possible discussion and action in open session. K. PUBLIC HEARINGS: (NONE) L. REGULAR AGENDA: (ITEMS 18 - 19) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 18 12 -00716 Master agreement for job order contracting for minor construction services and repair of city facilities (Requires 2/3 vote) Motion authorizing the City Manager or designee to execute a Master Agreement for Job Order Contracting (JOC) with Barcom Commercial, Inc. for a two -year term with option to renew administratively for up to three one -year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Corpus Christi Page 8 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00; authorizing the City Manager or designee to execute a Master Agreement for Job Order Contracting (JOC) with CAS Companies, LP for a two -year term with option to renew administratively for up to three one -year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00. Attachments: Memo - JOC Evaluation Matrix - Job Order Contracting Barcom JOC Master Agreement - Job Order Contractinq.pdf CAS JOC Master Agreement - Job Order Contractinq.pdf 19 12 -00726 Certification of the 2012 Property Tax Levy Motion approving the 2012 Property Tax Levy of $81,245,941.65 based on the adopted property tax rate of $0.570557 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. Attachments: Agenda memo - Certification of 2012 Tax Levy.doc 2012 City of CC Certification of Levy from Tax Office.pdf M. FIRST READING ORDINANCES: (ITEMS 20 - 22) 20 12 -00712 First Reading Ordinance - Utility easement closure to develop property located east of Port Avenue and north of Morgan Avenue (Requires 2/3 vote) Ordinance abandoning and vacating the five -foot wide utility easement out of PortmoorAddition, Block 1, Lot 8; and requiring the owner, Bill Miller Bar B Q, to comply with the specified conditions. Attachments: Portmoor Addition Agenda Memo 10 -30 -2012 PortmoorAddition Final Ordinance with Exhibits (10- 30 -12) 21 12 -00721 First Reading Ordinance - Utility easement closure to develop property located east of Ennis Joslin Road and north of South Padre Island Drive (Requires 2/3 vote) Ordinance abandoning and vacating a 10 -foot wide utility easement out of Lot 5, Block 1, Joslin Tracts; and requiring the owner, The Alexan Resort on the Bay, LLC, to comply with the specified conditions. Attachments: Joslin Tracts, Agenda Memo (Oct 30) Joslin Tracts Final Ordinance with Exhibits (10- 02 -12) 22 12 -00728 First Reading Ordinance- Amending capital improvement budget and amending professional services contract for airport improvements (Requires 2/3 vote) Corpus Christi Page 9 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to accelerate Project No. E12156 Rehabilitate East General Aviation (EGA) Apron from Fiscal Year 2015 to 2013; increasing expenditures in the amount of $121,050; and authorizing the City Manager or designee to execute Amendment No. 13 to a Professional Services Agreement with KSA Engineers, Inc. of Longview, Texas, in the amount of $121,050 for the rehabilitation of the East General Aviation (EGA) Apron. Attachments: Agenda memo - E GAApron Reconstruction.docx Project Budget - E GAApron Reconstruction.xlsx Protect Map - E GAApron Reconstruction.pdf Ordinance - E GAApron Reconstruction.docx Contract - East GAApron N. FUTURE AGENDA ITEMS: (ITEMS 23 - 26) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23 12 -00723 Renaming Northwest Library Resolution authorizing the name change of the Northwest Library to the Owen R. Hopkins Public Library. Attachments: Agenda memo - Renaming Northwest Library Resolution - Naming Owens R Hopkins - Library.docx 24 12 -00732 Interlocal agreement for engineering students senior undergraduate design course at water treatment plant Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University - Kingsville for evaluation and recommendation of various processes at the O.N.Stevens Water Treatment Plant. Attachments: TAMUK ILA Memo.doc Resolution Texas A&M Kingsville Interlocal Agreement.pdf I LA -TAM U K. pdf 25 12 -00739 Resolution of support to reduce air emissions and maintain ambient air quality standards Resolution by the City Council of the City Corpus Christi supporting the Corpus Christi Air Quality Groups participation in the EPA Ozone Advance Program to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. Corpus Christi Page 10 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 Attachments: Revised Agenda Memo Exec Summary Form - ACTION ITEM 10- 23- 2012.doc> Resolution - Air Quality Air Quality Group Resolution - MPO.pdf San Pat Resolution 2012.pdf Air Quality Group Resolution - RTA.pdf 26 12 -00549 Professional services contract for design and construction of improvements at wastewater treatment plant Motion authorizing the City Manager, or designee, to execute a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of $359,620 for the Laguna Madre Wastewater Treatment Plant 2013 Improvements. Attachments: Agenda memo - LMWWTP FY 13 Imp Budget - LMWWTP FY 13 Imp Location Map - Laguna Madre WWTP 2013 Imps.pdf Laguna Madre WWTP 2013 Imps Presentation - LMWWTP FY 13 Imp O. UPDATES TO CITY COUNCIL: (ITEMS 27 - 29) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 27 12 -00751 Corpus Christi Convention and Visitors Bureau Quarterly Report Attachments: Agenda Memo Exec Summary Form - PRESENTATION ITEM - CVB October 2012 CVB Presentation 28 12 -00734 The City of Corpus Christi Wastewater Collection System Attachments: Presentation memo - Wastewater Collection System Council Presentation 10232012 29 12 -00670 Plastic Bag /Litter Reduction Recommendation Attachments: Agenda memo - Plastic Bags- Litter Reduction Presentation plastic bag presentation oct 23 2012- FINAL RECESS THE CITY COUNCIL MEETING: (ITEM 30) 30 12 -00727 Board of Director's Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) 1. Call the Meeting to Order 2. Secretary Armando Chapa calls roll 3. Approval of the minutes of September 25, 2012 4. Treasurer's Report Corpus Christi Page 11 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 5. Motion to approve loan commitments for the Palms at Leopard project 6. Motion to approve loan commitments for the Hacienda Senior Apartments project 7. Public Comment 8. Adjournment Attachments: Agenda memo- CCCIC meeting CCCIC Agenda revision 2 CCCIC12- Sept25 Minutes.doc Treasurer's Report - CCCIC RECONVENE THE CITY COUNCIL MEETING: P. 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. 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. Q. CITY MANAGER'S COMMENTS: Update on City Operations R. ADJOURNMENT Corpus Christi Page 12 Printed on 10/23/2012 City Council Meeting Agenda - Final October 23, 2012 Corpus Christi Page 13 Printed on 10/23/2012 Corpus Christi Meeting Minutes - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, October 9, 2012 1:30 PM Council Chambers A. Call meeting to order. B. Invocation. Mayor Adame called the meeting to order. The invocation was delivered by Council Member Larry Elizondo. C. Pledge of Allegiance. D. Roll call. The Pledge of Allegiance was led by Council Member David Loeb. City Secretary Armando Chapa verified that the necessary quorum of the Council and the following necessary Charter Officers, Assistant City Manager Oscar Martinez, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. Council Member John Marez arrived at 1:45 pm, and Council Member Nelda Martinez arrived at 1:50 pm. 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 E. Proclamations / Commendations 1 F. MINUTES: Proclamation declaring October 12, 2012 as "Pink Mustache for Josie Day" Proclamation declaring October 2012 as "Employment Alliance for Persons with Disabilities Month" Proclamation declaring October 8 - 13, 2012 as "The 237th United States Navy Week" Swearing -in for all newly appointed Board, Commission and Committee Members "At Your Service" Award, City Employee Recognition Mayor Adame read and presented the Proclamation(s). Corpus Christi Page 1 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 2 Approval of Meeting Minutes - September 25, 2012. A motion was made by Council Member Leal, seconded by Council Member Scott to approve the minutes as presented and passed. G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA: (ITEMS 3 - 10) 3 Mayor Adame called for consideration of the Consent Agenda, Items 3 - 10. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa stated that Item No. 6 will require an amendment and will be voted on separately. The remaining items were approved by one vote: Second Reading Ordinance - Extending a State lease agreement to enable the boy scouts to finance and construct improvements on their permanent encampment. (1st Reading - 9/11/12) (Requires 2/3 vote) Ordinance authorizing the City Manager, or designee, to execute an extension of the Lease Agreement with Texas Parks and Wildlife Department for the use of an approximately 14,106 acre tract adjacent to Lake Corpus Christi through December 31, 2052; providing for severance; providing for publication; and providing an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Mayor Adame, 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: 029639 Second Reading Ordinance - Amending the Comprehensive Plan of the City of Corpus Christi and adopting the Corpus Christi Parks and Recreation Master Plan (1st reading 9/25/12) Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adoption of the Corpus Christi Parks and Recreation Master Plan; providing for repeal of conflicting ordinances; and providing for severance. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Mayor Adame, 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 Corpus Christi Page 2 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 7 Enactment No: 029640 Second Reading Ordinance - Accepting and appropriating a State grant; transferring and appropriating City /InKind match to fund advocacy for victims of domestic violence (1st reading 9/25/12) (Requires 2/3 vote) Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $94,705.39 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department for Year 13, with a City match of $47,165.68, in -kind match of $7,200 in the No. 1020 Police General Fund; and appropriating the $94,705.39 in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department and authorizing the transfer of $47,165.68 from the No. 1020 Cash Contribution to and appropriating in the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $149,071.07 The foregoing ordinance was passed and approved on second 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 Enactment No: 029641 Second Reading Ordinance - Appropriating funds for marketing and co- promotion expenditures at the American Bank Center (1st reading 9/25/12) (Requires 2/3 vote) Ordinance appropriating $600,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; appropriating $115,999.96 from the reserved fund balance in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co- Promotion Expenditures; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $600,000 and expenditures by $ 1,315,999.96. The foregoing ordinance was passed and approved on second 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 Corpus Christi Page 3 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 8 9 10 Enactment No: 029643 Second Reading Ordinance - State lease agreement to store materials for offshore artificial reef construction (1st reading 9/25/12) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute a Coastal Surface Lease with the State of Texas to lease approximately 3.0 acres of filled submerged land for the storage of reefing material for use in constructing an offshore artificial reef, for a term of four years, for $500 per month for the first two years, and $833.33 per month for the last two years. The foregoing ordinance was passed and approved on second 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 Enactment No: 029644 Second Reading Ordinance - Professional service contract to improve operations of the J. C. Elliott landfill gas collection system (1st reading 9/25/12) (Requires 2/3 vote) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12108 J.C. Elliott Landfill Gas Collection and Control System Repairs; transferring budgeted funds in the amount of $108,432 from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the J.C. Elliott Landfill Gas Collection and Control System Repairs Project; and authorizing the City Manger or designee to execute a contract for professional services with SCS Field Services of Bedford, Texas in the amount of $100,400 for the J.C. Elliott Landfill Gas Collection and Control System Repairs Project. The foregoing ordinance was passed and approved on second 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 Enactment No: 029645 Second Reading Ordinanace - Amending the Capital Improvement Budget to transfer funds and execute a construction contract for street improvements including utilities from Leopard Street to Maple Leaf Corpus Christi Page 4 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 Drive and offsite Storm Water improvements from Lois Drive to Turkey Creek along Leopard Street (BOND 2008) (1st reading 9/25/12) (Requires 2/3 vote) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to transfer $41,928 in budgeted wastewater project savings and $16,450 in budgeted water project savings from the TXDOT Participation Project and $267,499 in budgeted storm water project savings from the Staples Street Outfall Project to the Charles Drive from Leopard to Maple Leaf Project; increasing expenditures in the amount of $325,877; authorizing the City Manager or designee execute a construction contract with Jhabores Construction Company of Corpus Christi, Texas in the amount of $1,735,439.03 for the Charles Drive from Leopard Street to Maple Leaf Drive Project for the base bid. A motion was made that this Ordinance be passed on second reading. The motion carried by 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: 029646 City Secretary Chapa stated that an amendment is necessary to correct the effective date of the ordinance. A motion was made by Council Member Marez, seconded by Council Member Loeb to amend the ordinance to reflect that the ordinance is effective upon publication, and passed. 6 Second Reading Ordinance - Repealing /reenacting ordinance creating the Corpus Christi Museum Advisory Board (1st reading 9/25/12) Ordinance repealing and reenacting section 2 -90 "created; membership; terms; filling vacancies" of the code of ordinances, dissolving the Corpus Christi Museum of Science and History Advisory Board and creating a new Corpus Christi Museum of Science and History Advisory Board; amending section 2 -92 "Meetings; function" of the code of ordinances by modifying the meeting from monthly to quarterly; providing an effective date; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on second reading as amended 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 5 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 Abstained: 0 Enactment No: 029642 J. EXECUTIVE SESSION: (ITEM 11) 11 Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code for consultation with attorneys regarding contemplated litigation with a construction contractor with possible discussion and action in open session. Mayor Adame read Executive Session Item No. 11. The council went into executive session. The council returned from executive session. Mayor Adame announced that no action would be taken on the executive session. K. PUBLIC HEARINGS: (NONE) L. REGULAR AGENDA: (ITEM 12) 12 Agreement for temporary tax abatement for future mixed use development located at 401 N Chaparral Street (Requires 2/3 vote) Resolution authorizing the execution of an agreement with Cosmopolitan Corpus Ltd providing for temporary property tax abatement. The foregoing resolution was was passed and approved with the following vote: Aye: 9- Mayor Adame, 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: 029647 M. FIRST READING ORDINANCES: (ITEMS 13 - 14) 13 First Reading Ordinance - Appropriating funds for equipment, cadets, and trainee intern program (Requires 2/3 vote) Ordinance appropriating $430,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for "one- time" expenditures in the FY 2012 -2013 operating budget, and changing the FY 2012 -2013 operating budget adopted by Ordinance No. 029577 by increasing appropriations by $430,000. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 6 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 14 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 First Reading Ordinance - Amending the Capital Improvement Budget transferring funds; rescinding /executing contract for North Beach archway (Requires 2/3 vote) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to transfer $40,000 in budgeted project savings from the Heritage Park Cultural Center Renovation Project to the North Beach Entry Development Project; increasing expenditures in the amount of $40,000; rescinding the award of the North Beach Entry Development (Bond 2008) Re -Bid contract to Largin Construction Services, LLC. awarded on June 26, 2012 by Motion M2012 -119; and authorizing the City Manager, or designee, to execute a construction contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $427,609.49 for the North Beach Entry Development (Bond 2008) Re -Bid for the Base Bid. 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 N. FUTURE AGENDA ITEMS: (ITEMS 15 - 28) Mayor Adame referred to the Future Agenda section of the agenda, Items 15 - 28. Assistant City Manager Martinez stated that staff would provide a presentation on Items 27 and 28; and Council Member Leal requested a presentation on Items 15, 16, 18 and 20. 15 Professional services agreement for transporting liquid waste and sludge to wastewater treatment plant for disposal (Requires 2/3 vote) Motion approving a service agreement with Stump Enterprises, LLC, Rockport, Texas for the hauling of liquid waste and sludge in accordance with Bid Invitation No. BI- 0201 -12, based on lowest responsible bid, for an estimated annual expenditure of $86,250 of which $71,875 is required for the remainder of FY 2012 -2013. The term of the contract shall be for twelve 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. Funds have been budgeted by the Wastewater Department in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. Corpus Christi Page 7 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 16 17 18 Supply Agreement for material to be used for traffic sign manufacturing and installation program (Requires 2/3 vote) Motion approving supply agreements with the following companies in the following amounts for traffic sign blanks, sheeting /roll goods, and traffic sign posts /anchors in accordance with Bid Invitation No. BI- 0216 -12, based on lowest responsible bidder, for an estimated annual expenditure of $146,232.89 of which $121,860.74 is required for the remainder of FY 2012 -2013. The terms of the agreements shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Traffic Engineering in FY 2012 -2013. Allied Tube & Conduit Corp. Harvey, Illinois Group I $42,644.00 Total: $146,232.89 Vulcan Signs Foley, Alabama Groups II & III $103,588.89 This Motion was recommended by Staff to the Consent Agenda. Purchase of furniture for offices at water treatment plant (Requires 2/3 vote) Motion approving the purchase of furniture for the O.N. Stevens Facility Alteration Project from Business Interiors by Staples, Houston, Texas in the amount of $98,422.94. The award is in accordance with the State's Cooperative Purchasing Program (TXMAS). Funds are available in the Water Department Fund No. 4088 - 2012 Capital Improvement Program (CIP) Fund. This Motion was recommended by Staff to the Consent Agenda. Service Agreement for City departments to utilize dump truck hauling of miscellaneous materials to designated areas throughout the city (Requires 2/3 vote) Motion approving a service agreement with Tahoe Trucking, Inc., Corpus Christi, Texas for dump truck hauling in accordance with Bid Invitation No. BI- 0217 -12, based on only bid, for an estimated annual expenditure of $270,000.00 of which $225,000.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water, Corpus Christi Page 8 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 Storm Water, Street Operations and Solid Waste Operations Departments in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. 19 Purchase agreement for four (4) Ford F -150 Crew Cab 4 x 4 Pickup Trucks to be used for beach rescue operations (Requires 2/3 vote) Motion approving the purchase of four (4) Ford F -150 Crew Cab 4 X 4 pickup trucks from Philpott Motors, Nederland, Texas for a total amount of $114,173.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds for the purchase of the Ford F -150 Crew Cab 4 X 4 pickup trucks are available in the Capital Outlay Budget of the Park and Recreation Department in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. 20 Payment authorization for Mary Rhodes Pipeline emergency repair (Requires 2/3 vote) Motion to authorize payment of $95,512.04 for Mercer Construction Company for emergency repair to Mary Rhodes Pipeline. This Motion was recommended by Staff to the Consent Agenda. 21 Lease Agreement with Boy Scout Troop sponsor for property located near McKenzie Rd. and Allison Drive (Requires 2/3 vote) Ordinance authorizing the City Manager, or designee, to execute a three -year Lease Agreement with West Corpus Christi Rotary Club for the use of property near McKenzie Road and Allison Drive by Boy Scout troop sponsored by the Rotary Club, in consideration of the Rotary Club maintaining the premises and improvements; providing for severance; and declaring an emergency. This Emergency Ordinance was recommended by Staff to the Consent Agenda. 22 Authorization for application to State reimbursement program for beach maintenance expenditures (Requires 2/3 vote) Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2012 -2013 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. This Resolution was recommended by Staff to the Consent Agenda. 23 Amendment to interlocal agreement for latchkey program (Requires Corpus Christi Page 9 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 2/3 vote) Resolution authorizing the City Manager or designee to execute an Amended Interlocal Agreement with the Corpus Christi Independent School District to operate the latchkey program with term of approximately five years. This Resolution was recommended by Staff to the Consent Agenda. 24 State Interlocal agreement for failure to appear at Municipal Court (Requires 2/3 vote) Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Texas Department of Public Safety relating to the Failure To Appear Program This Resolution was recommended by Staff to the Consent Agenda. 25 Professional services contract for wastewater permitting process assistance (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with RPS Espey of Austin, Texas in the amount of $70,000.00 for the Wastewater Permit Assistance FY 2012. This Motion was recommended by Staff to the Consent Agenda. 26 Ratification of change order for improvements at the airport (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to ratify Change Order No. 2 with Beecroft Construction, LTD of Corpus Christi, in the amount of $168,499.36 for the CCIA Communication Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades - Rehabilitate Terminal Building FIS. This Motion was recommended by Staff to the Consent Agenda. 27 Resolution adopting the City of Corpus Christi's State legislative priorities for the 83rd Texas Legislature in 2013. This Resolution was recommended by Staff to the Consent Agenda. 28 Agreement to manage the American Bank Center (Requires 2/3 vote) Motion authorizing the City Manager or his designee to execute a new five year agreement with SMG to manage the American Bank Center under new fees, terms and conditions, including a new base management fee and incentive fee formula, new performance Corpus Christi Page 10 Printed on 10/12/2012 City Council Meeting Minutes - Final October 9, 2012 requirements, and new food and beverage service provisions. This Motion was recommended by Staff to the Regular Agenda. O. UPDATES TO CITY COUNCIL: (NONE) P. Public Comment. Mayor Adame referred to Public Comment and the following citizens spoke: Ray Madrigal made comments regarding the SMG contract; Abel Alonzo thanked staff for their work on the SMG contract; John Sendejar spoke about the conditions of certain streets; Art Norman spoke about illegal dumping at Oso Creek Park. Q. CITY MANAGER'S COMMENTS: Update on City Operations Assistant City Manager Martinez stated that there are no City Manager comments. R. ADJOURNMENT There being no further business to come before the Council, Mayor Adame adjourned the meeting at 3:20 pm. Corpus Christi Page 11 Printed on 10/12/2012 Corpus Christi Meeting Minutes - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, October 16, 2012 12:00 PM Council Chambers A. Call meeting to order. Mayor Pro Tem Allen called the meeting to order. B. Invocation. The invocation was delivered by Pastor Robert Perkins, Parkway Church of Christ. C. Pledge of Allegiance. The Pledge of Allegiance was led by Council Member Mark Scott. D. Roll Call. City Secretary Armando Chapa verified that the necessary quorum of the Council and the followng necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. Mayor Joe Adame arrived at 1:25 p.m. Present: 8 - Mayor Joe Adame,Council Member Chris Adler,Council Member Kelley AIIen,Council Member Priscilla LeabCouncil Member David Loeb,Council Member John Marez,Council Member Nelda Martinez, and Council Member Mark Scott Absent: 1 - Council Member Larry Elizondo E. Proclamations / Commendations 1 Proclamation declaring October 18, 2012 as "International Credit Union Day" Proclamation declaring October 19 -21, 2012 as "52nd Annual Texas Jazz Festival" Proclamation declaring October 26, 2012 as "70th Anniversary Day of Celebration of the Family Counseling Service" Mayor Pro Tem Allen read and presented the Proclamation(s). F. MINUTES: (NONE) G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) Corpus Christi Page 1 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 I. CONSENT AGENDA: (ITEMS 2 - 16) Mayor Pro Tem Allen called for consideration of the Consent Agenda, Items 2 - 16. Mayor Pro Tem Allen asked for comments from the audience and there were none. The council pulled Item No. 7 for individual consideration. The remaining items were approved by one vote: 2 Professional services agreement for transporting liquid waste and sludge to wastewater treatment plant for disposal (Requires 2/3 vote) Motion approving a service agreement with Stump Enterprises, LLC, Rockport, Texas for the hauling of liquid waste and sludge in accordance with Bid Invitation No. BI- 0201 -12, based on lowest responsible bid, for an estimated annual expenditure of $86,250 of which $71,875 is required for the remainder of FY 2012 -2013. The term of the contract shall be for twelve 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. Funds have been budgeted by the Wastewater Department in FY 2012 -2013. The foregoing motion was passed and approved with the followig vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: M2012 -175 3 Supply Agreement for material to be used for traffic sign manufacturing and installation program (Requires 2/3 vote) Motion approving supply agreements with the following companies in the following amounts for traffic sign blanks, sheeting /roll goods, and traffic sign posts /anchors in accordance with Bid Invitation No. BI- 0216 -12, based on lowest responsible bidder, for an estimated annual expenditure of $146,232.89 of which $121,860.74 is required for the remainder of FY 2012 -2013. The terms of the agreements shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Traffic Engineering in FY 2012 -2013. Allied Tube & Conduit Corp. Harvey, Illinois Group 1 Vulcan Signs Foley, Alabama Groups 11 & 111 Corpus Christi Page 2 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 $42,644.00 $103,588.89 Total: $146,232.89 The foregoing motion was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: M2012 -176 4 Purchase of furniture for offices at water treatment plant (Requires 2/3 vote) 5 Motion approving the purchase of furniture for the O.N. Stevens Facility Alteration Project from Business Interiors by Staples, Houston, Texas in the amount of $98,422.94. The award is in accordance with the State's Cooperative Purchasing Program (TXMAS). Funds are available in the Water Department Fund No. 4088 - 2012 Capital Improvement Program (CIP) Fund. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: M2012 -177 Service Agreement for City departments to utilize dump truck hauling of miscellaneous materials to designated areas throughout the city (Requires 2/3 vote) Motion approving a service agreement with Tahoe Trucking, Inc., Corpus Christi, Texas for dump truck hauling in accordance with Bid Invitation No. BI- 0217 -12, based on only bid, for an estimated annual expenditure of $270,000.00 of which $225,000.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water, Storm Water, Street Operations and Solid Waste Operations Departments in FY 2012 -2013. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 3 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: M2012 -178 6 Purchase agreement for four (4) Ford F -150 Crew Cab 4 x 4 Pickup Trucks to be used for beach rescue operations (Requires 2/3 vote) Motion approving the purchase of four (4) Ford F -150 Crew Cab 4 X 4 pickup trucks from Philpott Motors, Nederland, Texas for a total amount of $114,173.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds for the purchase of the Ford F -150 Crew Cab 4 X 4 pickup trucks are available in the Capital Outlay Budget of the Park and Recreation Department in FY 2012 -2013. The foregoing motoin was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: M2012 -179 7 Payment authorization for Mary Rhodes Pipeline emergency repair (Requires 2/3 vote) Motion to authorize payment of $95,512.04 for Mercer Construction Company for emergency repair to Mary Rhodes Pipeline. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: M2012 -180 8 Lease Agreement with Boy Scout Troop sponsor for property located near McKenzie Rd. and Allison Drive (Requires 2/3 vote) Ordinance authorizing the City Manager, or designee, to execute a Corpus Christi Page 4 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 three -year Lease Agreement with West Corpus Christi Rotary Club for the use of property near McKenzie Road and Allison Drive by Boy Scout troop sponsored by the Rotary Club, in consideration of the Rotary Club maintaining the premises and improvements; providing for severance; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: 029648 9 Authorization for application to State reimbursement program for beach maintenance expenditures (Requires 2/3 vote) Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2012 -2013 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. The foregoing resolution was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: 029649 10 Amendment to interlocal agreement for latchkey program (Requires 2/3 vote) Resolution authorizing the City Manager or designee to execute an Amended Interlocal Agreement with the Corpus Christi Independent School District to operate the latchkey program with term of approximately five years. The foregoing resolution was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Corpus Christi Page 5 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 Abstained: 0 Enactment No: 029650 11 State Interlocal agreement for failure to appear at Municipal Court (Requires 2/3 vote) Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Texas Department of Public Safety relating to the Failure To Appear Program The foregoing resolution was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: 029651 12 Professional services contract for wastewater permitting process assistance (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with RPS Espey of Austin, Texas in the amount of $70,000.00 for the Wastewater Permit Assistance FY 2012. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: M2012 -181 13 Ratification of change order for improvements at the airport (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to ratify Change Order No. 2 with Beecroft Construction, LTD of Corpus Christi, in the amount of $168,499.36 for the CCIA Communication Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades - Rehabilitate Terminal Building FIS. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 6 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: M2012 -182 14 Resolution adopting the City of Corpus Christi's State legislative priorities for the 83rd Texas Legislature in 2013. 15 16 The foregoing resolution was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: 029652 Second Reading Ordinance - Appropriating funds for equipment, cadets, and trainee intern program (1st reading 10/9/12) (Requires 2/3 vote) Ordinance appropriating $430,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for "one- time" expenditures in the FY 2012 -2013 operating budget, and changing the FY 2012 -2013 operating budget adopted by Ordinance No. 029577 by increasing appropriations by $430,000. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: 029653 Second Reading Ordinance - Amending the Capital Improvement Budget transferring funds; rescinding /executing contract for North Beach archway (1st reading 10/9/12) (Requires 2/3 vote) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to transfer $40,000 in budgeted project savings from the Heritage Park Cultural Center Renovation Corpus Christi Page 7 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 Project to the North Beach Entry Development Project; increasing expenditures in the amount of $40,000; rescinding the award of the North Beach Entry Development (Bond 2008) Re -Bid contract to Largin Construction Services, LLC. awarded on June 26, 2012 by Motion M2012 -119; and authorizing the City Manager, or designee, to execute a construction contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $427,609.49 for the North Beach Entry Development (Bond 2008) Re -Bid for the Base Bid. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - MayorAdame and Council Member Elizondo Abstained: 0 Enactment No: 029654 J. EXECUTIVE SESSION: (ITEM 17) 17 Executive Session pursuant to Section 551.072 to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person with possible discussion and action in open session. Mayor Pro Tem Allen read Executive Session No. 17. The council went into executive session. The council returned from executive session. Mayor Pro Tem Allen announced that no action would be taken on the executive session. K. PUBLIC HEARINGS: (ITEMS 18 - 22) 18 Public Hearing and First Reading Ordinance - Change of zoning from the "RS -TF" Two - Family District to the "ON" Office District at 5446 Lipes Boulevard (Requires 2/3 vote) Case No. 0812 -03 Michael G. Winnie and Liza Winnie: A change of zoning from the "RS -TF" Two - Family District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. The property to be rezoned is described as Corpus Christi Retirement Residence Addition, Block 1, Lot 2, located along the north side of Lipes Boulevard, approximately 800 feet west of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (August 15, 2012): Approval of the change of zoning from the "RS -TF" Two - Family District to the "ON" Office District. Corpus Christi Page 8 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 19 Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Michael G. Winnie and Liza Winnie, acting on behalf of Grace Bible Church of Corpus Christi, Texas ( "Owner"), by changing the UDC Zoning Map in reference to Corpus Christi Retirement Residence Addition, Block 1, Lot 2, from the "RS -TF" Two - Family District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; providing a repealer clause; providing for penalties; and providing for publication. Mayor Adame referred to Item No. 18. Annika Gunning, Development Services stated that the applicant, Michael G. Winnie and Liza Winnie are requesting a zoning change from "RS -TF" Two - Family District to "ON" Office District to allow for the construction of a 4,000 square foot medical office, located along the north side of Lipes Boulevard. She added that the Planning Commission and Staff recommend approval of the change of zoning from "RS -TF" to "ON ". A motion was made by Council Member Loeb, seconded by Council Member Scott to open the public hearing and passed There were no comments. A motion was made by Council Member Adler, seconded by Council Member Scott to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Public Hearing and First Reading Ordinance - Change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District at 3226 Houston Street (Requires 2/3 vote) Case No. 0812 -05: Nueces County Community Action Agency: A change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change of future land use from low density residential to medium density residential. The property to be rezoned is described as Laughlin Addition, Block 3, Lot 25 -A, located along the north side of Houston Street approximately 400 feet east of Kostoryz Road. Planning Commission & Staff Recommendation (August 15, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. Ordinance Corpus Christi Page 9 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 20 Ordinance amending the Unified Development Code ( "UDC ") upon application by Nueces County Community Action Agency ( "Owner"), by changing the UDC Zoning Map in reference to Laughlin Addition, Block 3, Lot 25 -A, from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; providing a repealer clause; providing for penalties; and providing for publication. Mayor Adame referred to Item No. 19. Annika Gunning, Development Services stated that the applicant, Nueces County Community Action Agency is requesting a change of zoning from the "RS -6" Single Family 6 District to the "RM -1" Multifamily 1 District to allow for the construction of a four -unit apartment development, located along the north side of Houston Street approximately 400 feet east of Kostoryz Road. She stated that the Planning Commission and Staff recommend approval of the change of zoning. A motion was made by Council Member Scott, seconded by Council Member Allen to open the public hearing and passed. There were no comments. A motion was made by Council Member Loeb, seconded by Council Member Scott to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 1 - Council Member Leal Public Hearing and First Reading Ordinance - Change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District at 5879 South Padre Island Drive (Requires 2/3 vote) Case No. 0912 -02 Williams Airline Partners, Ltd.: A change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District, resulting in a change of future land use from medium density residential to commercial. The property to be rezoned is described as being a 1.792 -acre tract of land out of Lot H, Wilkey Addition Unit 2, located on the north side of Williams Drive and approximately 1,200 feet west of Airline Road. Planning Commission and Staff Recommendation (September 12, 2012) Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Williams Airline Partners, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 1.792 -acre tract of land out of Corpus Christi Page 10 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 21 Lot H, Wilkey Addition Unit 2, from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; providing for a repealer clause, penalties, and publication. Mayor Adame referred to Item No. 20. Annika Gunning, Development Services stated that the applicant, William Airline Partners is requesting a change of zoning from "RM -3" Multifamily 3 District to the "CG -2" General Commerical District to allow for construction of a four -story hotel, located on the north side of Williams Drive. Ms. Gunning stated that the Planning Commission and Staff recommending approval of the change of zoning from "RM -3" Multifamily 3 District to "CG -2" General Commerical District. A motion was made by Council Member Scott, seconded by Council Member Adler to open the public hearing and passed. There were no comments. A motion was made by Council Member Scott, seconded by Council Member Adler to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Public Hearing and First Reading Ordinance - Change of Zoning: Request for a Special Permit for the wholesale storage of motor oils and lubricants in the "IL" Light Industrial District, at 5440 Ayers Street (Requires 2/3 vote) Case No. 0912 -01 Arnold Brothers Properties, L.P.: The applicant is requesting a Special Permit for the wholesale storage of motor oils and lubricants in the "IL" Light Industrial District, not resulting in a change of future land use. The property to be rezoned is described as being a 0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision, located on the east side of Ayers Street (SH 286 Business) and approximately 1,000 feet north of Holly Road. Planning Commission and Staff Recommendation (September 12, 2012) Approval of the Special Permit in the "IL" Light Industrial District subject to specified conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Arnold Brothers Properties, L.P. ( "Owner"), by changing the UDC Zoning Map in reference to a 0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision, by granting a Special Permit to the Owner in the "IL" Light Industrial District; amending the Corpus Christi Page 11 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 22 Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Mayor Adame referred to Item No. 21. Annika Gunning, Development Services stated that the applicant, Arnold Brothers Properties, LP is requesting a special permit to allow the wholesale storage of motor oils and lubricants for an automotive parts supply business, located on the east side of Ayers Street. Ms. Gunning stated that the Planning Commission and Staff recommend approval of the special permit with four conditions. A motion was made by Council Member Scott, seconded by Council Member Allen and passed. There were no comments. A motion was made by Council Member Scott, seconded by Council Member Allen and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Public Hearing and First Reading Ordinance - Change of Zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District at 5218 Silverberry Drive (Requires 2/3 vote) Case No. 0912 -03 Starplex Operating, L.L.C.: A change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District, not resulting in a change of future land use. The property to be rezoned is described as being a 7.7 -acre tract of land out of Lot 11, Block 3, S.P.I.C.E. Plaza, located along the east side of Silverberry Drive and along the south side of South Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (September 12, 2012) Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Starplex Operating, L.L.C., acting on behalf of STORE SPE Starplex, LLC ( "Owner"), by changing the UDC Zoning Map in reference to a 7.7 -acre tract of land out of Lot 11, Block 3, S.P.I.C.E. Plaza, from the "IL" Light Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; providing for a repealer clause, penalties, and publication. Mayor Adame referred to Item No. 22. Annika Gunning, Development Services stated that the applicant, Starplex Operating, LLC is requesting a change of zoning from "IL" Light Industrial District to "CG -2" General Commerical Corpus Christi Page 12 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 District, to bring the property to a non - conforming use into compliance with the current zoning regulations, located along the east side of Silverberry Drive and along the south side of South Padre Island Drive. Ms. Gunning stated that the Planning Commission and Staff recommend approval of the zoning change. A motion was made by Council Member Scott, seconded by Council Member Adler to open the public hearing and passed. There were no comments. A motion was made by Council Member Scott, seconded by Council Member Marez to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 L. REGULAR AGENDA: (ITEM 23) 23 Agreement to manage the American Bank Center (Requires 2/3 vote) Motion authorizing the City Manager or his designee to execute a new five year agreement with SMG to manage the American Bank Center under new fees, terms and conditions, including a new base management fee and incentive fee formula, new performance requirements, new food and beverage service provisions, and authorizing termination of the current agreement. Mayor Adame referred to Item No. 23. Wes Pierson, Assistant City Manager stated that this item is to approve a five year management agreement with SMG to manage the American Bank Center under new fees, terms, and conditions. Mr. Pierson stated that the term of the agreement is for five years, with the first three years guaranteed, and with an option to terminate the agreement with or without cause with a 90 day notice during the final two years of the agreement. He also added that at the commencement of the agreement, SMG will provide a grant in the amount of $250,000 to the City, and to use the grant funds at its discretion; however, if the agreement were terminated at the end of third, fourth or fifth year, SMG would be entitled to the remaining funds. He further discussed the base managment fee, incentive fee and termination for poor performance. He added that the motion would need to be amended to direct staff to terminate the current lease. Mayor Adame asked for comments from the audience and the following citizens spoke and made comments: Steve Cahoon, Vice President, Centerplate; Jim Salamente, SMG; and Abel Alonzo. A motion was made by Council Member Marez, seconded by Council Member Scott to amend the motion directing staff to terminate the current agreement and passed with the following vote: Adame, Adler, Allen, Leal, Marez, Martinez, and Scott voting "Aye "; Loeb voting "No "; and Elizondo "Absent ". Corpus Christi Page 13 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 The foregoing motion was passed and approved as amended with the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Nay: 1 - Council Member Loeb Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: M2012 -183 M. FIRST READING ORDINANCES: (ITEMS 24 - 26) 24 First reading ordinance - Utility easement closure to develop property located on the southwest corner of Ocean Drive and Airline Road (Requires 2/3 vote) Ordinance abandoning and vacating a 14 -foot wide portion of a 38 -foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates; and requiring the owner, Airline and Ocean Investments, L.P., to comply with the specified conditions. A motion was made that this Ordinance be passed on first reading. The motion carried by the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 2 - Council Member Elizondo and Council Member Loeb Abstained: 0 25 First Reading Ordinance - Approving Type A agreement and appropriating funds for constructing two plants at the port Ordinance approving a Type A Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and M &G Resins USA, LLC ( "M &G ") to provide a grant of up to $3,000,000 for constructing two plants in the inner harbor, investing $751 million, creating 220 full -time jobs, and paying at least $11.7 million in annual wages and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Type A Corporation to administer the M &G Type A Incentives Agreement and appropriating $3,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Type A Corporation to M &G for constructing two plants in the inner harbor, investing $751 million, creating 220 full -time jobs, and Corpus Christi Page 14 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 26 paying at least $11.7 million in annual wages; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $3,000,000. A motion was made that this Ordinance be passed on first reading. The motion carried by the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 1 - Council Member Elizondo Abstained: 1 - Council Member Scott First Reading Ordinance - Use privilege agreement to allow communications cable to cross city right -of -way for private business operations (Requires 2/3 vote) Ordinance authorizing the City Manager to execute a use privilege agreement with Super Commercial Properties, LLC, and Gates E &S North America, Inc. ( "Permittees "), to install, operate, maintain, and remove an aerial fiber optic communications cable across the 44th Street public right -of -way from 134 44th Street to 123 44th Street, subject to Permittees' compliance with the specified conditions. A motion was made that this Ordinance be passed on first reading. The motion carried by the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 2 - Council Member Elizondo and Council Member Scott Abstained: 0 N. FUTURE AGENDA ITEMS: (ITEMS 27 - 32) Mayor Adame referred to the Future Agenda section, Items 27 - 32. Mayor Adame stated that these items are for informational purposes only and that no action or public comment would be taken. City Manager Olson stated that staff would provide a presentation on Items 30 and 32; and Council Member Martinez requested a presentation on Item No. 33. 27 Purchase of Six (6) Side Loading Refuse Trucks for city -wide automated collection process Motion approving the lease- purchase of six (6) side - loading refuse trucks from Rush Truck Centers of Texas LP, Houston, Texas for a total amount of $1,576,127.60 of which $84,438.57 is required for the remainder of FY 2012 -2013. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will Corpus Christi Page 15 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 be used by the Solid Waste Department. Financing for the lease- purchase of the vehicles will be provided through the City's lease- purchase financing program. This Motion was recommended by staff to the Consent Agenda. 28 Approving purchase of electronic ticket writers for traffic officers 29 Motion approving the purchase of fifteen (15) hand held ticket writers for the Corpus Christi Police Department in the amount of $69,419, from Brazos Technologies, College Station, Texas based on General Services Administration Contract No GS -35F- 0096X. Funds are available through the 2012 Edward Byrne Justice Assistance Grant. This Motion was recommended by staff to the Consent Agenda. Professional services contract for geotechnical study for water line, gas line, and management information system conduit from Laguna Shores Boulevard to Padre Island Drive Motion authorizing the City Manager, or designee, to execute a Contract for Geotechnical Engineering Services with Kleinfelder Central, Inc. of Corpus Christi, Texas in the amount of $70,000.00 for the Padre Island Water Supply Study. This Motion was recommended by staff to the Consent Agenda. 30 Master agreement for job order contracting for minor construction services and repair of city facilities Motion authorizing the City Manager or designee to execute a Master Agreement for Job Order Contracting (JOC) with Barcom Commercial, Inc. for a two -year term with option to renew administratively for up to three one -year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00; authorizing the City Manager or designee to execute a Master Agreement for Job Order Contracting (JOC) with CAS Companies, LP for a two -year term with option to renew administratively for up to three one -year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00. This Motion was recommended by Staff to the Regular Agenda. 31 Certification of the 2012 Property Tax Levy Motion approving the 2012 Property Tax Levy of $81,245,941.65 based on the adopted property tax rate of $0.570557 per $100 Corpus Christi Page 16 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. This Motion was recommended by Staff to the Consent Agenda. 32 Professional services contract for survey and design work to re -route power lines that cross water treatment plant 33 Motion authorizing the City Manager, or designee, to execute a contract for professional services with AEP Texas Central Company in the amount of $400,000.00 for the O.N. Stevens Water Treatment Plant Transmission Line Relocation Project. This Motion was recommended by Staff to the Consent Agenda. FUTURE CORPORATION MEETING (ITEM 33) Board of Director's Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) 1. Call the Meeting to Order 2. Secretary Armando Chapa calls roll 3. Approval of the minutes of September 25, 2012 4. Treasurer's Report 5. Motion to approve loan commitments for the Palms at Leopard project 6. Motion to approve loan commitments for the Hacienda Senior Apartments project 7. Public Comment 8. Adjournment This Corporation Meeting was recommended to be held. O. UPDATES TO CITY COUNCIL: (ITEM 34) 34 Corpus Christi Regional Economic Development Corporation Semi - Annual report to the City Council Mayor Adame referred to Item No. 34, Semi - Annual Report for the Corpus Christi Regional Economic Development Corporation. Mr. Roland Mower, President and CEO for the Regional Economic Development Corporation provided a quarterly update and discussed the following: 2012 economic trends; new residential permits and new commerical permits for 2012; and business attraction activity update for 3rd Quarter including existing industry. Mr. Mower announced the new successes: M &G Resins USA, Del Mar College Truck Training Simulators, and Schlitterbahn. P. Public Comment. Mayor Adame referred to Public Comment. Art Norman made comments regarding the destruction at Oso Creek Park. Corpus Christi Page 17 Printed on 10/18/2012 City Council Meeting Minutes - Final October 16, 2012 Q. CITY MANAGER'S COMMENTS: Update on City Operations Mayor Adame referred to City Manager comments. City Manager Olson announced that Kimberly Jozwiak has been hired for the Director of Municipal Court position. Mr. Olson provided an update on Solid Waste Competitive Review. R. ADJOURNMENT There being no further business to come before the Council meeting, Mayor Adame adjourned the meeting at 3:40 pm. Corpus Christi Page 18 Printed on 10/18/2012 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 10/16/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a�cctexas. com 361- 826 -3169 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM(ccctexas.com 361- 826 -1972 Lease Purchase of Six (6) Side Loading Refuse Trucks CAPTION: Motion approving the lease- purchase of six (6) side - loading refuse trucks from Rush Truck Centers of Texas LP, Houston, Texas for a total amount of $1,576,127.60 of which $84,438.57 is required for the remainder of FY 2012 -2013. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the lease- purchase of the vehicles will be provided through the City's lease- purchase financing program. PURPOSE: The six (6) side loading refuse trucks will be used by the Solid Waste Department as part of the City- wide automated collection process. These units are replacements to the fleet. BACKGROUND AND FINDINGS: The City's garbage and recycling fleet consists of 32 automated side - loaders and 17 rear - loading collection trucks. The garbage collection fleet utilizes nineteen (19) automated side - loaders and three (3) rear - loaders for daily refuse collection. The recycling collection fleet, on most days, consists of ten (10) automated side - loaders and one (1) rear - loader. Of the 32 automated side - loaders, eleven (11) were placed in service more than 10 years ago. The six (6) side - loading refuse trucks recommended herein will replace six (6) of those eleven (11). Replaced vehicles will be disposed of through the City's standard disposal procedures, which include live auctions and internet auctions. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The refuse trucks will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after acceptance of the refuse trucks. The estimated annual payment is $337,754.28. Total estimated cost over the sixty -month period, including principal of $1,576,127.60 and interest of $112,643.80, is $1,688,771.40. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,357,283.60 $1,604,332.83 $3,961,616.43 Encumbered / Expended Amount $180.41 $0.00 $180.41 This item $84,438.57 $1,604,332.83 $1,688,771.40 BALANCE $2,272,664.62 $2,272,664.62 Fund(s): Solid Waste Department Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO DATE: OCTOBER 16, 2012 BUYBOARD CONTRACT #358 -10 REFUSE TRUCKS PRICE SHEET Rush Truck Centers of Texas LP Houston, Texas ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE 1 2 Peterbilt 320 Cab /Chassis, Right Hand Drive, Tandem Rear Axle, and "Heil DP Python" 28 Cu Yd. Automated Side Loading Refuse Body. Peterbilt 320 Cab /Chassis, Right Hand Drive, Single Rear Axle, and "Heil DP Python" 24 Cu Yd. Automated Side Loading Refuse Body. 4 2 EACH $270,639.40 EACH $246,785.00 $1,082,557.60 $493,570.00 TOTAL $1,576,127.60 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 DATE: TO: September 27, 2012 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 886 -2603 Motion authorizing purchase of hand held ticket writers from Brazos Technologies CAPTION: Motion approving the purchase of fifteen (15) hand held ticket writers for the Corpus Christi Police Department in the amount of $69,419, from Brazos Technologies, College Station, Texas based on General Services Administration Contract No GS -35F- 0096X. Funds are available through the 2012 Edward Byrne Justice Assistance Grant. PURPOSE: The ticket writers will be used by the officers assigned to the Traffic Division of the Police Department. BACKGROUND AND FINDINGS: Traffic Officers will be issued hand held ticket writers to improve the quality of documentation on citations as well as enhance officer safety. The officer scans the magnetic strip on a license for driver information; officer fills in other blanks, and then prints the ticket on a wireless printer. This cuts down on the amount of time to issue a ticket as well as lessens the time an officer is exposed to traffic while issuing a citation. The number of citations thrown out of court due to illegible handwriting or improperly written citations is greatly reduced. The information from each ticket writer is downloaded into the Municipal Court system daily. Parking Enforcement and Code Enforcement are using the same product. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Purchasing Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $84,787.50 $84,787.50 Encumbered / Expended Amount This item $69,419 $69,419 BALANCE $15,368.50 $15,368.50 Fund(s): 1061 Police Grants Fund Comments: RECOMMENDATION: Staff recommends approval of the purchase.0 LIST OF SUPPORTING DOCUMENTS: Brazos Technology quotation GSA Contract GS-35F-0096X Quote Date: 09/20/2012 KEY PAD, WM w r.a ce w cc' 2 0 2 ci • • a_ O • 0 " 0 3 CD MOTOROLA, M MC75A8-P1FSWQRA9WR 04 Lrc: 0 0 0 2 2 04 04 0 0- 0 4.11 UJ 0 0 co 2 0 cc 0 0 04 tD cc) 11 R40-OUBA000N-00 , . , , 0 w 2 ' 2 0 Z 0 • .7EBRA, RW P 16614-G1-004 9 N 0 PLL'ESTAR WARRAN 18-13111MMIIINIMI IN-A-BOX, COP, ELECTRONIC CITATION, 1N-CAR PRINTER CHARGER WPRINTER MOUNT (QTY. 8) CC16614-G1 27BRA = N420, 12‘d P I LATER CHARGER (QTY, 8) 727-06 PRIN7i F1 JEHICLE PE ESTAL MOUNT (OTY. 8) :- SYSTEM INTEGP = =,LLIE LDD SEF 111(= ES AT 550 J-WARRANTY-50 STAR WAF r. r , 0 N co MM. r • IN-A-BOX, COP, ELECTRONIC CtTATION, 4 SLOT CRADLE (CtTY. 2) CRD7000-410F EL. MOT ROLA, MC70 AND MC75 FOUR SLOT ETHERNET CRADLE KIT, INCLUDES POWER SUPPLY, DC L 1E CORD, AC POWER CORD (QTY. 2) BSU-WARRANTY-50 BLUESTAR WARRANTY Valid for 30 days from date of quote. Brazos Technolo GSA Contract GS- 35F -0096X Quote Date: 09/20/2012 1' LLJ 4 Cd 4 u 0 4 4 >•• ce 2 0 4 0 L) 4 2 1- 0 0 z 0 0 2 0 4 LJ co AND US AC LINE CORD 414- 0 a. v, 0 2 ItC UJ 0 0 0 0 0 0 BSU - WARRAN' ....... ...... 0 1- 2 0 LsJ 0 • 1,..9 Z z < 0 1- uJ Z 0 0 < Z 41- 0 , 5 w 2 0 < 0 2 , o 2 0 u Z 0 0 41- 0 Ce > 0 toy 011 roo' 0 2 0 2 0 0 2 11.1 0 2 4-- 0 0 ex, 0 0 0 0 0 0 l- a. 2 0 0 LL1 u 0 (.6 2 ,TE 4- >z 0 0 u 0 SYSTEM INTEGRATION VALUE ADD SERVICES AT S50 BLUESTAR WARRANTY 9 4.0 CO m 9 0 14:L) BSU-WARRAN HI TS /RETURNS uJ 0 Non -GSA Items o 0 m 'a U4 00 01 N (-4 tn. 1.4 .1.11 Valid for 30 days from date of quote. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 DATE: TO: September 24, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Gustavo Gonzalez, P.E., Director of Water Operations GustavoGo@cctexas.com (361) 826 -1874 Approval of Contract for Geotechnical Engineering Services: Padre Island Water Supply Study CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Geotechnical Engineering Services with Kleinfelder Central, Inc. of Corpus Christi, Texas in the amount of $70,000.00 for the Padre Island Water Supply Study. PURPOSE: The purpose of this Agenda Item is to execute the contract for the Padre Island Water Supply Study so a geotechnical study may be performed. BACKGROUND AND FINDINGS: The project involves construction of about 17,000 linear feet of 18 -inch diameter water transmission main, eight inch diameter natural gas line, and a four -inch diameter Management Information System (MIS) conduit from Laguna Shores Boulevard to Padre Island. The purpose of the proposed investigation will be to provide recommendations for use during the design and construction of the water line, gas line, and MIS conduit. To accomplish this, services include exploring subsurface soil conditions, obtaining physical soil properties by laboratory testing, and providing recommendations for use during design of the line and conduit. This geotech agreement is only for the waterline directional drill contract. The study is necessary to design and bid the project. The gas line and MIS conduit will go in separately after the waterline project is complete. ALTERNATIVES: 1. Award the contract to Kleinfelder Central, Inc. as proposed. 2. Do not award the contract to Kleinfelder Central, Inc. as proposed. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Water Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $423,700.00 $3,360,800.00 4,320,000.00 $8,104,500.00 Encumbered / Expended Amount $423,700.00 $423,700.00 This item $70,000.00 $70,000.00 Future Anticipated Expenditures 3,290,800.00 3,959,740.00 $7,250,540.00 BALANCE $0.00 0.00 $360,260.00 $360,260.00 Fund(s): Water CIP #15 RECOMMENDATION: City staff recommends the Contract for Geotechnical Engineering Services be awarded to Kleinfelder Central, Inc. of Corpus Christi, Texas, in the amount of $70,000.00 for the Padre Island Water Supply Study. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Agreement PROJECT BUDGET ESTIMATE PADRE ISLAND WATER SUPPLY STUDY Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 FUNDS AVAILABLE: Water CIP $8,104,500.00 FUNDS REQUIRED: Construction (Estimate) Contingencies (10 %) 6,000,000.00 600,000.00 Consultant Fees: Consultant Design (Urban Engineering) * 414,240.00 Geotechnical Testing (Kleinfelder Central, Inc.) 70,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 135,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 210,000.00 Construction Observation 210,000.00 Finance 75,000.00 Misc. (Printing, Advertising, etc.) 30,000.00 TOTAL $7,744,240.00 ESTIMATED PROJECT BUDGET BALANCE $360,260.00 * Consultant Design Contract awarded on June 21, 2011 to Urban Engineering by Motion No. 2011 -134. Construction Observation Services are not included in Consultant Design Contract. \Mproject\councilexhibits\exhEl 01 72b. dwg CO2 T'LIS CHRISTI B.A1J PROPOSED INTERIM WATER TRANSMISSION MAIN IMPROVEMENTS LAr'LLJ f M DRE G2ILTOF MEXICO LOCATION MAP NOT TO SCALE PROJECT #E10172 PADRE ISLAND WATER SUPPLY STUDY CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AGREEMENT for Geotechnical 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 Engineer"), and KLEINFELDER CENTRAL, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Emad Al Turk, P.E., Vice-President, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Padre Island Water Supply Study (Project No E10172) ("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. FEE: The ''CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "K, Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $70,000.00 (Seventy Thousand Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "D". 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI ER ENTRA Oscar R. Martinez, Assistant City Manager RECOMMENDED Daniel Biles, P.E. Director of Engineering Services Operating Department APPROVED AS TO FORM (Date) (Date) (Da e) Office of Management and Budget (Date) Legal Department ATTEST (Date) KLEIN ENTRAL, INC. Emad Al Turk, P.E. (Date) Vice-President 5002 Ambassador Row Corpus Christi, Texas 78416 (361) 854-4774 Office (361) 854-4924 Fax ENTERED SEP 25 2J12 CON I KAG1 MAN/ER Project No. E10172 Fund Source No. 550920-4479-00000-E10172 Water CIP Encumbrance No. Armando Chapa, City Secretary K:LENGINEERING DATAEXCHANGEUENNIFERSWATER1E10172 PADRE ISLAND WATER SUPPLYSTESTING AGREEMENT.DOC KLEINEELDER 8right People. Right SolutiOPS, July 20, 2012 Proposal No: 128140 City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Mr. Dan Biles, P.E. Interim Director of Engineering Services Subject: Proposed Geotechnical Study Padre Island Water Supply Corpus Christi, Texas Dear Mr. Biles: As requested, we are pleased to submit this proposal for professional geotechnical engineering services for the Padre Island Water Supply project. This proposal is based on project information provided to us by Mr. J. Douglas McMullan, P.E. with Urban Engineering. The scope of services was developed in consensus with Mr. McMullan. The following sections provide our understanding of the project and our proposed scope of services. PROJECT UNDERSTANDING The project involves construction of about 17,000 lineal feet of 18-inch diameter water transmission main, 8-inch diameter natural gas line, and a 4-inch diameter Management Information System (MIS) conduit from Laguna Shores Boulevard to Padre Island in Corpus Christi, Texas. The project includes about 6250 ft of pipe installed by the horizontal directional drilling (HDD) method. Polyvinyl chloride (PVC) pipe is proposed for use for the water line and MIS conduit. The natural gas line will be 8-inch DR9 HDPE. The water line alignment will follow the edge of pavement or retaining wall along the John F. Kennedy (JFK) Causeway, about 10 to 20 feet away from the structures. The water line and MIS conduit will be buried with about 2.5 feet of cover using conventional cut and cover method and with 10 to 50 feet of cover using the HDD method. The gas line will be located about 5 feet from the water line and buried with about 3 feet of cover. 128140 / CCH12P0236Draft2 Copyright 2012 Kleinfelder . . 5002 Ambassador Row, Corpus Christi, TX 78416 p 1 361.854.4774 f 1 361.854.4924 Page 1 of 6 July 20, 2012 EXHIBIT "A" Pa e I of 6 Based on review of available geological maps and our previous experience, the site is located on an outcropping of the Beaumont Formation with barrier island and beach deposits. These deposits consist of relatively thick layers of sand with clay and silt underlain by alternating strata of clay and sand. PURPOSE AND SCOPE OF BASIC SERVICES The purpose of the proposed study will be to provide recommendations for use during the design and construction of the water line, gas tine, and MIS conduit. To accomplish this purpose . the proposed Scope of Basic Services includes exploring subsurface soil conditions, obtaining physical soil properties by laboratory testing, and providing recommendations for use during design of the lines and conduit. This scope is discussed in detail below. Field Exploration • Coordinate field activities with the Texas Department of Transportation (TxDOT) and, as necessary, the City of Corpus Christi • Locate the proposed borings using GPS coordinates provided by Urban Engineering; the final locations will be recorded in the field using a hand -held GPS device • Contact Texas 811 to locate buried utilities within existing easements and right- of-ways • Mobilize a drilling rig to drill the following schedule of soil borings Schedule of Soil Borings No. of Soil Borings Location of Soil Borings Depth of Soil Boring (ft.) 4 HDD Pits — Onshore 30 3 Laguna Madre — Offshore 85 10 Adjacent to JFK Causeway — Onshore 15 • Three locations will be located offshore in the waters of the Laguna Madre. These locations will be drilled with a barge mounted drill rig. The remaining 14 borings will be located onshore and will be drilled using either a truck mounted drill rig or a marsh buggy mounted drill rig, as appropriate. 128140 / CCH12P0236Draft2 Page 2 of 6 Copyright 2012 Klelnfelder July 20, 2012 KLEINFELDER 5002 Ambassador Row, Corpus Christi, TX 78416 p 1381.854.4774 f 1361.854.4924 EXHIBIT "A" Page 2 of 6 Sample the subsurface soil near the ground surface or mud line in Laguna Madre and then every 5 feet thereafter; samples will be collected using either a tube sampler, or a split spoon sampler in conjunction with the standard penetration test, whichever is appropriate • Four (4) of the 15 -foot boreholes will be converted to temporary piezometers to monitor subsurface water levels and to estimate borehole recharge time • Backfill onshore boreholes with soil cuttings upon completion The borings will be logged in the field by a Kleinfelder geotechnical technician. Laboratory Testing Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests may include: • Moisture content • Atterberg limits (liquid and plastic limits) • Percent passing No. 200 sieve • Particle size gradation (sieve analysis) • Unit dry weight and moisture content • Unconfined compressive strength Kleinfelder will retain soil samples for 90 days after submission of the final report. Further storage or transfer of samples can be made at owner expense upon written request. Engineering Analysis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided in the report includes the following items. • Description of the field exploration and laboratory testing • Summary of laboratory test results • Discussion of subsurface soil and groundwater conditions • General discussion of the site geology 128140 / CCH12P0236Draft2 Page 3 of 6 Copyright 2012 Klolnfelder July 20, 2012 KLEINFELDER 5002 Ambassador Row, Corpus Christi, TX 78416 p 1361.854.4774 f 1361.854.4924 EXHIBIT "A" Page 3 of 6 • Recommendations for pipe thrust restraints (passive earth pressures and sliding resistance) • Discussion of water, gas, and MIS lines bedding and backfilling requirements • General discussion of braced or sloped excavations • Discussion of apparent earth pressures for temporary trench support system evaluation • General discussion of HDD influence on adjacent structures • Discussion of subsurface water during our field sampling and subsurface dewatering • Recommendations for pavement subgrade reconstruction • Earthwork recommendation's • Plan of borings to scale illustrating the approximate location of each boring • A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information • One bound copy and one electronic copy of the report INFORAAATION/SERVICES PROVIDED BY CITY OF CORPUS CHRISTI OR URBAN ENGINEERING • Designate in writing a person to act as their representative, with respect to the services rendered in this proposal • Indicate a point of contact at the City of Corpus Christi that can grant site access /escort • Coordinate with the City of Corpus Christi to identify and mark water, wastewater, and gas utilities that are not located by Texas 811 that could be damaged during the field exploration program • Obtain rights -of -entry, permits, easements, landowner permission, or other access authorization required to perform the services described in this proposal • Survey borings (if that degree of accuracy is required) and provide coordinates • Provide site plan(s) indicating existing and proposed structures 128140 / CCH12P0236Draft2 Page 4 of 6 Copyright 2012 Klelnfetder July 20, 2012 KLEINFELDER 5002 Ambassador Row, Corpus Christi, TX 78416 p 1 361.854.4774 f 1 381.854.4924 • Provide current topographic map indicating existing grades and proposed grades and/or cross sections indicating proposed cut ll • Provide loading conditions and tolerance for differential movement for structures • Furnish available project data including previous geotechnical and /or forensic studies for this project ADDITIONAL SERVICES The following services are not included in the Scope of Basic Services and will be considered as Additional Services, if and when they are required or requested: • The services of specialty sub - consultants or other special outside services other than those described in the above Scope • Corrosion engineering • Bulldozer, all- terrain rig, clearing activities, or other equipment and personnel time required to access the boring locations other than those described in the above Scope • Meetings, other than those described in the above Scope • Additional report copies or submittals; report revisions after final submission, or report revisions resulting from changed regulations or design • Increased insurance coverage (if available) other than described in the Services Agreement • Coordination with regulatory agencies other than described in the above Scope • Sales or use taxes imposed and due on the professional services described in the above Scope after the date of this proposal • Any other services not specifically included in the above Scope COMPENSATION Kleinfelder proposes to perform the Scope of Basic Services for a fixed price of $70,000. This amount will not be exceeded without prior approval. Invoices will be issued on a periodic basis, or upon completion of a project, whichever is sooner. The net cash amount of this invoice is payable on presentation of the invoice. The City of Corpus Christi and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. 128140 / CCH12P0236Draft2 Copyright 2012 K einfeder Page 5 of 6 July 20, 2012 KLEINFELDER 5002 Ambassador Row. Corpus Christi, TX 78416 p 1361.854.4774 f 1 361.854.4924 ANTICIPATED SCHEDULE The field exploration will begin approximately 5 working days from the notice to proceed from the City of Corpus Christi and authorization from TxDOT are received. Completion of the field exploration will require approximately 8 working days, but will depend upon weather conditions and site accessibility. The engineering analyses and report preparation should be completed within 4 weeks after completion of the field exploration. If desired, preliminary data and recommendations can provided to assist with your design efforts. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal is valid for a period of 90 days from the date of this proposal. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's express permission. TERMS OF ENGAGEMENT We understand that an Agreement between the City and Kleinfelder will be provided as our notice to proceed. Acceptance of the proposal indicates the City's review and understanding of the scope of services. We appreciate the opportunity to provide you with this proposal, and look forward to working with you on this project. If you have any questions or wish to discuss, please contact us at (361) 854 -4774. Sincerely, KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firm F-5.592 Don R. Rokohl, P.E. V'Jerry Lipstreu, S.E.T. Senior Professional Attachment: ASFE Statement Project Manager 1281401 CCH12P0236Draft2 Page 6 of 6 Copyright 2012 Kleinfelder KLEINFELDER 5002 Ambassador Row, Corpus Christi, TX 78416 July 20. 2012 p 1 361.854.4774 f 1361.854.4924 EXHIBIT "A" Page6of6 EXHIBIT "B" INSURANCE REQUIREMENTS Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation /EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, or reduction in coverage or limits required on all certificates or by policy endorsements Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury / Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT UMBRELLA — EXCESS LIABIITY Must follow form $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $2,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act $500,000/$500,000 /$500,000 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis (except for Professional Liability), by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non - renewal or reduction in coverage or limits in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall 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 negligent performance of Consultant's services 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 3 of 3 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 of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and 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 conceming 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. EXHIBIT "C" 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 PROJECTS 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 EXHIBIT "C" Page 2 of 3 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. EXHIBIT "C" Page 3 of 3 O d t0 a 0 E a O _ 0 3 I O > I— a 0 d a o 0 w Z ,r, H o W N 0 OOCa N a ? z o z0 W 0 v �O I- •, 0 > E J O` > C Q aa_ 0 z si E a o as L. C O 0 Basic Services: 100 %I O o% 0% 30% eeeee N O O O O 0 %I p %0E A- CO 00 0 00 o r- 40 O 0 o 0 - 0 0 O 0000 ooto 69. 00 u1 00 tr) D ° o _ 0 a 0 M 0 00 o O (N 0 O o 0 0 F• 0 0 N 0 O 0 O o 0 0 0 t ; 0 0 0 I- 0 O in N- 1 $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 oo9$ o$ oo9$ 000'z$ o$ o$ 0o0'3 0 1,120 0 1,120 0 0 0 0 0 1,627 1,627 0 0 0 TBD TBD TBD TBD TBD TBD TBD 0 m 0 H 0 I- I- 0 CO H 0 H 0 I-I- 0 m 0 I-- 0 m I - 0 m 0 I- 0 H 0 A- 1 $2,000 $1,120 $1,627 $4,747 $500 $0 $500 $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 1 2,000 1,120 1,627 4,747 500 0 5001 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 Construction Phase Subtotal Basic Services Additional Services: O & M Manuals 0 co o Subtotal Additional Services Additional Services Fees Total of Fees IEXHIBIT "D" Page 1 of 1 MINIIM• =NM City of Corpus Chnsti SUPPLIER NUMBER TO BE IVISIOON CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Citx 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: Kleiufelder P. O. BOX: STREET ADDRESS: 5802 Ambassador Row CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation L 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. 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 "fine: 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 0 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not lrnowingly 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: Emad Al Turk, P. E. Title: Vice President (type or Plop Signature of Certifying Person: DEFINITIONS Date: X -10 -/Z 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 foam of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts. proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; 826 -3729 October 23, 2012 Ronald L. Olson, City Manager Gustavo Gonzalez, P.E., Director of Water Operations gustavogo @cctexas.com; 826 -1874 Approval of Professional Services Contract with American Electric Power (AEP) Texas Central Company CAPTION: Motion authorizing the City Manager, or designee, to execute a contract for professional services with AEP Texas Central Company in the amount of $400,000.00 for the O.N. Stevens Water Treatment Plant Transmission Line Relocation Project. PURPOSE: The purpose of this item is to approve a contract that will set forth the terms and conditions under which AEP Texas Central Company will proceed with preliminary engineering, survey and design work in connection with the AEP Texas 138 KV Lon Hill to Medio Creek Transmission Line relocation in connection with the City's O.N Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: AEP Texas Central Company owns and operates the 138KV power lines that cross the ON Stevens Water Treatment Plant (ONSWTP). The ONSWTP uses no power from these lines, but if left in place, their location and elevation will interfere with the City of Corpus Christi's O. N. Stevens Water Treatment Plant Raw Water Influent Improvement project and future plant improvements. This project calls for collaboration between AEP and the City of Corpus Christi Water Department to re -route the power lines so that they do not interfere with future projects. In addition to re -route of the lines, AEP would be asked to replace the supporting poles with steel rather than the current wooden poles. To facilitate City's work schedule for current and future projects, AEP will perform critical path Preliminary Engineering to provide Preliminary Transmission and Distribution Line Design and associated Cost Estimates for Transmission and Distribution Line Relocation. Based on findings of Preliminary Engineering, the AEP will design (city funded with City consultant assistance) and construct (city funded) the relocation of the transmission /distribution line infrastructure. ALTERNATIVES: 1. Staff finds no equal measures available and is unable to recommend alternatives that are not in the best interest of public safety. OTHER CONSIDERATIONS: This project needs to be complete before other plant improvements can proceed. The current location of these power lines poses significant safety and operational concerns. Relocating these lines reduces the threat of plant shut downs and medical emergencies due to fallen power lines. CONFORMITY TO CITY POLICY: Comprehensive Policy Plan: Policy Statements; Water Master Plan; FY2012 -2013 CIP EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Water Department 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 $937,500.00 $4,500,000.00 $5,437,500.00 Encumbered / Expended Amount This item $400,000.00 $400,000.00 Future Anticipated Expenditures $80,000.00 $4,500,000.00 $4,580,000.00 BALANCE $457,500.00 $0.00 $457,500.00 Fund(s): Water CIP, Project No. 5 Comments: This contract is critical to meet City's planned future projects for O.N Stevens Water Treatment Plant. RECOMMENDATION: City Staff recommend executing a Contract for Professional Services with AEP Texas Central Company in the amount of $400,000.00 for the O.N. Stevens Water Treatment Plant Transmission Line Relocation Project LIST OF SUPPORTING DOCUMENTS: Location Map Project Budget Power Point PROJECT BUDGET ONSWTP Transmission Line Relocation Project No. E10187 October 16, 2012 FUNDS AVAILABLE: Water CIP FY 2012 -2015 $ 5,437,500.00 TOTAL AVAILABLE. $ 5,437,500.00 FUNDS REQUIRED: Construction (Estimated) $ 4,000,000.00 Contingencies 6.25% $ 250,000.00 Consultant Fees: Consultant (AEP Texas Central) $ 400,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 100,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $ 150,000.00 Finance Reimbursements $ 60,000.00 Misc. (Printing, Advertising, etc.) $ 20,000.00 TOTAL $ 4,980,000.00 Estimated Project Balance $ 457,500.00 F, 624 RIVER 0.N. STEVENS WATER TREATMENT PLANT LOCATION HWY 44 kiece cou�y PROJECT #E10187 ITR AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT SAN PATRICIO COUNTY NUECES BAY ROAD a�a H 37 .` r- ,j1p !!, BEAR Shi CORPUS CHRISTI BAY F.M. 43 4/0 FM 2444 LOCATION MAP 8410 O.N. STEVENS WTP AEP TRANSMISSION LINE RELOCATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE 1 OF 1 AGREEMENT for PROFESSIONAL SERVICES This AGREEMENT is between the City of Corpus CbrisU. Texas, a Texas home-rule municipal corporation, (C|TY^), acting through its duly authorized City Manager or designee, and AEP Texas Central Company, (^AEPTCC~)^ acting through its duly authorized representative who is David A. Hawk, which agree as foliows: 1. DECLARATIONS. "CITY" desires to engage "AEP TCC^ to provide services in connection with City's puojecJ, described as follows: ON Stevens Water Treatment Plant AEP Transmission Line Relocation, Proiect No. E10187 "Project". 2. SCOPE OF WORK. "AEPTCC^ shall provide services for the PROJECT in accordance with the accompanying Letters, Scope of Services, and Fee attached as "Exhibit A". 3. FEE. The CITY" agrees to pay the AEP TCC' for services provided provrded in accordance with Exhibit 'A'. Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $400.000.00 (in figures) (Four Hundred Thousand Dotlars Dollars and Zero Cents ) (n words) 4. INDEMNIFICATION AND HOLD HARMLESS. "AEP TCC" agrees to indemnify, harmless and defend the "CITY", and its aganha, servants, and employees as more fully set forth and rnutually agreed upon in "Exhibit A", page 3. CITY OF CORPUS CHRISTI AEP TEXAS CENTRA [COK&PAWY Oscar R. Martinez Assistant City Manager RECO ENDED: Dire Enoin' |ngBorvices nzalezP.E ater Operations APPROVED AS TO FORM: (Date) (Date) No-5--19- (Date) Office of Mgmt and Budget (Date) David A. Hawk ' ' (Date) Manager Rates P.O. Box 2121 Corpus Christi, Texas 7O4O3 (361) 881-5317 Project Number: E10187 Water 2012 CIP Fund Funding Source: 550950-40 -08000-E10187 Encumbrance Number: umucuw,wrx AND a 000uwc*rmAensememr FOR PROFESSIONAL Sc°vICe,omov ENTERED SEP 27 2012 � CONTRACT ~ MANAGER ~~~~..~^ CUSTOMER SERVICES P.O. Box 2121, Corpus Christi, Texas 78403 September 10, 2012 Mr. Dan Biles, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 Re: Preliminary Engineering and Survey Work associated with the Relocation of the Lon Hill to Medio Creek 138 KV Transmission Line on the O.N. Stevens Water Treatment Plant Dear Mr. Biles: This letter agreement ( "Preliminary Agreement ") sets forth the terms and conditions under which AEP Texas Central Company ( "AEP Texas ") will proceed with the preliminary engineering, survey and design work described in the attached Exhibit A ( "Preliminary Work ") in connection with the AEP Texas 138 KV Lon Hill to Medio Creek Transmission Line ( "Transmission Line ") relocation in connection with the City of Corpus Christi's ( "City") O.N. Stevens Water Treatment Plant ( "WTP ") Raw Water Influent Improvements Project No. 8643 ( "WTP Project "). The WTP is located on Leopard St. at Hearne Road in Corpus Christi, Nueces County, Texas. The relocation will require the construction of a new section of 138 kV transmission line and the relocation of existing distribution lines by AEP Texas. AEP Texas and City recognize that substantial additional work beyond the scope of this Preliminary Agreement will need to be performed by AEP Texas in order to relocate the Transmission Line to the western perimeter of the City's property; and AEP Texas and City will continue to use diligent good faith efforts to negotiate the terms of a relocation agreement ( "Relocation Agreement ") for the performance of that additional work. However, to facilitate City's work schedule for the WTP Project, AEP Texas and City have agreed to perform some critical path preliminary engineering and survey work pursuant to the terms of this Preliminary Agreement pending completion of such a Relocation Agreement. This proposal to perform the Preliminary Work will expire on November 30, 2012, if City has not agreed to its terms by properly executing and returning a copy of this Preliminary Agreement (and delivering payment of the estimated cost of performing the Preliminary Work) to AEP Texas before that date. AEP Texas has agreed to commence the Preliminary Work at the City's request and upon City's execution and delivery of this Preliminary Agreement and payment of the estimated cost EXHIBIT "A" Page 1 of 4� of performing that work to AEP Texas. City shall make a prepayment ( "Prepayment ") to AEP Texas based on the preliminary estimated costs shown in the attached Exhibit A. City shall pay the Prepayment within thirty (30) days of execution of this agreement by both parties. AEP Texas shall have no obligation to proceed with work applicable to the relocation and line removal until the Prepayment is received. The proposed transmission line relocation and the existing transmission line removal are shown on the attached Exhibit B. City agrees to reimburse AEP Texas for all actual costs AEP Texas reasonably incurs in performing the Preliminary Work (including any federal tax gross up amount resulting from City's payments to AEP Texas) determined in accordance with AEP Texas's standard accounting practices. City will initially compensate AEP Texas for the Preliminary Work in accordance with AEP Texas's cost estimate as shown in Exhibit A, which City acknowledges is reasonable. However, Exhibit A reflects only estimates of the scope and cost of performing the Preliminary Work; City understands and agrees that the actual scope and cost of performing the Preliminary Work may deviate from that shown in Exhibit A. If the actual costs incurred exceed the Prepayment, AEP Texas will invoice City for the additional amount owed to AEP Texas, and City shall pay such amount to AEP Texas within sixty (60) days of receipt of the invoice. Upon completion of the Preliminary Work, the relocation and removal of the lines, and the determination of the final costs that AEP Texas has incurred in performing the Preliminary Work and the relocation and removal of the lines, the appropriate adjustments shall be tnade to true -up the payments made to AEP Texas with AEP Texas's actual costs incurred. If the relocation is determined not to be feasible as shown on Exhibit B, AEP will work with the City to resolve the issue. If the issue cannot be resolved, another transmission line route or deviation in the line route would have to be considered. If so, AEP Texas would provide City with additional cost estimates and scope of the additional work for their approval subject to the same terrns as in this Preliminary Agreement. City may cancel this Preliminary Agreement at any time upon written notice to AEP Texas. However, if City cancels this Preliminary Agreement, City shall pay AEP Texas for all actual costs that it has reasonably incurred (including costs that it has committed to expend that AEP actually incurs because such costs cannot be cancelled, provided that AEP provides the City with documentation showing that such costs cannot be canceled, and federal tax gross up amounts) related to the Preliminary Work through the date this Preliminary Agreement is canceled. In such event, the unused portion of the Prepayment shall be refunded within sixty (60) days of the final determination of such actual costs. City agrees to meet with AEP Texas and provide such information and assistance (at no cost to AEP Texas) as AEP Texas may request in connection with the performance of the Preliminary Work. AEP TEXAS MAKES NO WARRANTIES WITH RESPECT TO THE PRELIMINARY WORK AND AEP TEXAS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRELIMINARY WORK, INCLUDING WITHOUT LIMITATION THE MERCHANTABILITY OR FITNESS OF THE PRELIMINARY WORK FOR ANY PARTICULAR PURPOSE. 2 TO THE EXTENT PERMITTED BY LAW, THE CITY SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND AEP TEXAS, AND ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, OFFICERS AND ASSIGNS FROM ANY AND ALL LIABILITIES, COSTS AND CLAIMS ASSOCIATED WITH AND ARISING OUT OF OR INCIDENTAL TO THE NEGLIGENT ACTIONS OR OMISSION OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES RELATED TO THE PRELIMINARY WORK, INCLUDING REASONS ATTORNEYS FEES AND ALL OTHER COSTS OF LITIGATION, AEP SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM ANY AND ALL LIABILITIES, COSTS AND CLAIMS ASSOCIATED WITH AND ARISING OUT OF OR INCIDENTAL TO THE NEGLIGENT ACTIONS AND OMISSIONS OF AEP, ITS OFFICERS, AGENTS EMPLOYEES OR REPRESENTATIVES RELATED TO THE PRELIMINARY WORK, INCLUDING REASONABLE ATTORNEY FEES AND ALL OTHER COSTS OF LITIGATION. THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF PRODUCTION CAPACITY RESULTING FROM THE PERFORMANCE OR FAILURE TO PERFORM THE PRELIMINARY WORK OR FROM ANY OTHER BREACH OF THIS PRELIMINARY AGREEMENT. Vincent Deases, P.E. Principal Engineer cc: David Hawk -AEP Agreed and accepted: City of Corpus Christi By: Name: Title: Date: Agreed and accepted: AEP Tex a entr By: Name: Title: /241. -, Date: 9// Pi 20 ! Z EXHIBIT A Scope and Cost Estimate for Preliminary Work Scope of Preliminary Work • Preliminary survey work. • Preliminary ROW and easement work. • Preliminary Transmission Line Design. • Preliminary Distribution Line Design • Determination of cost estimates for transmission and distribution line relocation and removal of existing transmission line. • Interface with City and its engineering consultant. Cost Estimate for Preliminary Work S400,000 4 MITE. THE BOUNDARY/PROPERTY INFORMAL(* SHOWN HEREON IS APPROXIMATE, BASED ON THE BEST AVAILABLE INFORMATION. AND IS INTENDED FOR PLANNING PURPOSES ONLY, THIS INFORMATION COLS NOT IN ANY WAY CONSTITUTE AN ON THE GROUND SURVEY OF THE OWNERSHIP'S BOUNDARY /PROPERTY IINIS. hir\'t \\,\7\ , IT \ > -- \ L.,' .\ �\ / A %,, \ PROPOSED 1'1 11 1 DISTRIBUTION UNE / \ \ REROUTE �1 / EXHIBIT "B" i - — EXISTING DISTRIBUT'ON LINE TO BE REMOVED • / _T-- T77JT . ii-- T7/`,- ,I � - ;f I I i y > t._ __ J 1 ' if - r i ' ' �x; ' � i Y l City of Corpus Christi PROPOSED ,-TRANSMISSION LINE ROUTE ■ , I , ,-, '` `( / r 1 ' 1 LON HILL TO MEDIO CREEK REROUTE PROJECT AEP TEXAS CENTRAL COMPANY CORPUS CHRISTI, TEXAS 600' 300' 0 600' CDSmuery ENGINEERS • SURVEYORS DRAWN BY T. LUNG DATE JUNE 22. 2012 DRAWING NAME; 1120E3- Plonning.dwg AMERICAN` ELECTRIC POWER SUPPLIER NUMBER TO BE ASSIGNED BY CITY = PURCHASING DIVISION City of Corpus Christi 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: AEP Texas Central Company P. O. BOX: 2121 STREET ADDRESS: CITY: Corpus Christi ZIP: 78403 FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other e 3. Sole Owner 0 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 EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: David A. Hawk (Type or Print) Signature of Certifying Person: Title: Manager Rates Date: p�z- /zol 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." 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. EXHIBIT "C" Page 2 of 2 0 N co a a o •� � cu u cu •Ima CD z o� Presentation October 16, 2012 V • alma 4w 0 N r w OA CCI V .� 0 0 0 0 0 LO N FUNDS AVAILABLE: FUNDS REQUIRED: EA- Consultant Fees: Water CIP FY 2012 -2015 TOTAL AVAILABLE: Construction (Estimated) Contingencies 6.25% Consultant (AEP Texas Central) Reimbursements: TOTAL Estimated Project Balance w c • E w E i= + .• V 4u • O L a O Es N Es N N 0 r 5 0 M 0 N a 0 Cr M 0 N 0 r 5 C• r M 0 N 0 5 C• r AEP Power Lines Relocation Construction O.N. Stevens Raw Water Influent Improvements Construction C) c iTs E c al N w 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of October 16, 2012 DATE: August 14, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Lease for a portion of Manuel Q. Salinas Park to South Texas BMX for purposes of building and operating a bicycle motocross track CAPTION: Ordinance authorizing the City Manager, or his designee to execute a 5 year sublease agreement with South Texas BMX, LLC for the use of approximately 3 acres out of Manuel Q. Salinas Park located at 1354 Airport Road, for construction and operation of a bicycle motocross facility, with options to extend for up to two additional five year terms, in consideration of monthly rental payments of ten percent of net revenues; providing for severance; and providing for publication. PURPOSE: The Parks and Recreation Department seeks approval to enter into a five year lease agreement with South Texas BMX to build and operate a Bicycle Motor Cross (BMX) track at Manuel Q. Salinas Park. The lease requires South Texas BMX to design, construct and operate the BMX track at their own expense, payment of a 2% of gross revenues to serve as a capital improvement reserve for the track and payment of 10% of net revenues to the City. There is an option for two (2), five (5) year extensions for the agreement. BACKGROUND AND FINDINGS: In August 2011, Jeffery and Rebecca Click of South Texas BMX approached the Parks and Recreation Department about partnering to build a public BMX park. Undeveloped open space and excess fill dirt remaining from construction at nearby parks, and proximity to major thoroughfares and bus routes led the department to select Manuel Q. Salinas Park as the site for the potential track. South Texas BMX made an initial presentation to the Parks and Recreation Advisory Committee on May 9, 2012. PRAC members supported efforts to move forward with plans to lease the park for the purpose of the BMX track. On May 1, 2012 the Parks and Recreation Department held a public meeting at Greenwood Senior Center to gather input about the potential development from neighbors and nearby stakeholders. Positive feedback was given during the meeting. ALTERNATIVES: Do not approve the lease and allow this area of Manuel Q. Salinas Park to remain undeveloped. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The Strategic Parks and Recreation Master Plan calls for the development of specialty parks and facilities at each Community and Regional Park. EMERGENCY / NON - EMERGENCY: Non - Emergency. Per City Charter, leases with a term of more than five years require a 28 -day delay between first and second reading. Second reading will take place on October 16. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating X 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 (14,300) (14,300) Fund(s): Comments: Revenues shown are based on initial year estimates provided by South Texas BMX and extrapolated for the remainder of the lease agreement. RECOMMENDATION: Staff recommends approving the lease agreement. LIST OF SUPPORTING DOCUMENTS: Contract with South Texas BMX, LLC. Ordinance Ordinance authorizing the City Manager, or designee, to execute a 5 year sublease agreement with South Texas BMX, LLC for the use of approximately 3 acres out of Manuel Q. Salinas Park located at 1354 Airport Road, for construction and operation of a bicycle motocross facility, with options to extend for up two additional five year terms, in consideration of monthly rental payments of ten percent of net revenues; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a 5 year sublease agreement with South Texas BMX, LLC for the use of approximately 3 acres out of Manuel Q. Salinas Park located at 1354 Airport Road for construction and operation of a bicycle motocross facility, with options to extend for up to two additional five year terms, in consideration of monthly rental payments of ten percent of net revenues. A copy of the contract shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This contract takes effect on the 61st day following City Council approval. 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 1 CONSTRUCTION AND SUBLEASE AGREEMENT WITH ORGANIZATION REGARDING USE OF AREA OUT OF MANUEL Q. SALINAS PARK THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, on July 6, 2010, the Corpus Christi Industrial Development Corporation ( "CCIDC ") entered into a 25 year term lease with the City of Corpus Christi, ( "City "), to lease certain lands to the City to be used for recreational purposes, and which lease provides that the City may sublease the lands for use in a manner consistent with the usage as a recreational area; WHEREAS, South Texas BMX, LLC ( "Organization ") desires to use certain areas Manuel Q. Salinas Park located at 1354 Airport Road, Corpus Christi, Texas, to construct BMX bike race tracks and other improvements to be located on approximately three (3) acres with concession stand and fencing, (Improvements ") as described on attached Exhibit; WHEREAS, the City desires to grant Organization permission to sublease the Premises described herein to construct the Improvements, and then sublease to Organization the property in consideration of the terms and conditions and mutual promises set out below. NOW, THEREFORE, the City, and Organization agree as follows: Section 1. Premises. The City subleases the property described on the attached Exhibit A to Organization, under the terms and conditions contained herein. Section 2. Definitions. Whenever used in this Lease, the following terms shall have the meanings ascribed to t 'em as set forth in this paragraph, to wit: A. Sublessee or Organization shall mean South Texas, BMX, LLC, a Texas limited liability corporation. B. City shall mean the City of Corpus Christi, a Texas home -rule municipal corporation. ea. City Council shall mean the City Council of the City of Corpus Christi, D. City Manager shall mean the City Manager of the City, or his designee. E Parks Director or "Director" shall mean the City of Corpus Christi Director of Parks and Recreation or designee. 2 F. City Property or Premises or Leased Premises shall mean a tract or parcel of land approximate acreage of three (3) acres and designated as shown on the attached Exhibit A, together with all improvements. G. Effective Date shall mean the 6.114 date after City Council approval of this agreement. H. Gross Revenues shall mean the total amount of money or the value of any other considerations received by Organization or by Organization's officers, agents, employees, invitees, or subcontractors, for any purpose related to use of Premises, any Improvements, or BMX track operations. 1. Net Revenues shall mean Gross Revenues after deduction of Organization's reasonable expenses to operate the BMX track at the Premises. J. Improvements shall mean any construction at the Premises. K. Lease or Agreement shall mean this document as executed by both parties. L. BMX track or BMX race track shall mean the approximately 1 ,000 foot long track constructed at the Premises for use for bicycle motorcross purposes. ! Section 3. Purpose. The purpose of this Agreement is for Organization to construct and operate, at its sole expense, a BMX race track facility at the Premises. Any other use by Organization is prohibited. Section 4. Term. This agreement shall commence on the Effective Date and continues for five years, unless earlier terminated as herein provided. This agreement may be extended for up to two additional five year terms, subject to written approval of the City Manager and authorized representative of Organization. Section 5. Use of City's Property for Construction of Improvements - A; Organization shall construct or oversee construction of certain Improvements which are described on the attached Exhibit, with approximate value of $125,000. Organization shall review the construction invoices and shall make payment if the work has been satisfactorily completed. B. When constructing the Improvements, the plans and specifications shall be prepared by state-licensed architects or engineers. The plans and specifications are subject to approval of the City Manager. Construction shall not begin until the City Director of Engineering has reviewed and approved the construction plans and specifications. Organization agrees to maintain City Property in a sanitary, safe and clean condition during Organization's use of the City Property. 3 C. Organization shall require the contractors who are awarded contracts for construction of the Improvements to furnish the following bonds by surety companies authorized to do business in Texas: 1. Payment Bond - A payment bond in the amount of One Hundred Percent (100 %) of the contract for construction of the Improvements shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with City and CCIDC as an Obligee. 2. Performance Bond - A performance bond in the amount of One Hundred Percent (100 %) of the contract for construction of the Improvements shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City and CCIDC as an Obligee. D. Organization shall include in all construction agreements with Organization's construction company ( "Contractor") for the Improvements, the following provisions: 1. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless Corpus Christi Industrial Development Corporation, the City of Corpus Christi and all of its officials, officers, agents and employees, in both their public and private capacities, from and-against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or Toss of use of any property occasioned by error, omission, or negligent act of Contractor, its officers, agents, employees, subcontractors, invitees or any other person, arising out of or in connection with the performance of this agreement, and Contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi and Corpus Christi Industrial Development Corporation from any and all such claims and demands. 2. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless the Corpus Christi industrial Development Corporation, the City of Corpus Christi and all of its officials, officers, agents and employees from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorney fees for injury or death of any person or for loss of, damages to, or loss of use of any property, rising out of or in connection with the performance of this agreement. Such indemnity shall apply whether the claims, losses, damages, suits, demands or causes of action arise in whole or in part from the negligence of the City of Corpus Christi, its officers, officials, agents or employees. It is the express intention of the 4 parties hereto that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect the City of Corpus Christi from the consequences of the City of Corpus Christi's own negligence, where that negligence is a sole or concurring cause of the injury, death or damage. 3. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workman's compensation or other employee benefit acts. E. Organization shall also require the Contractors, in all Organization construction agreements for the Improvements to furnish insurance in such amounts as specified below and include in all construction agreements for the Improvements the following language: 1. Prior to commencement of any activity on City of Corpus Christi's property, Contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to commence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement shall be written on an "occurrence" basis. Workers' Compensation as required by law. Employer's Liability Insurance of not less than $500,000.00 for each accident, $500,000.00 disease for each employee, $500,000.00 disease as policy limit. Commercial General Liability Insurance. including Independent Contractor's Liability, Products /Completed Operations and Contractual Liability, covering, but not limited to the indemnification provisions of this contract, fully Insuring Contractor's liability for injury to or death of employees of the City of Corpus Christi and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence. 5 Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non -owned vehicles, with a combined single limit of $1,000,000 per occurrence. Builder's Risk. The Contractor shall purchase an All Risk builder's risk policy in the amount of the construction cost of the concession stand and fencing for the duration of this project, 2. It is agreed by all parties to this Agreement that the insurance required under this Agreement shall: a. Be written with the Corpus Christi Industrial Development Corporation, the City of Corpus Christi and Organization as additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. b. Provide for thirty (30) days written notice of cancellation to the City of Corpus Christi, material change or any other cause. c. Be written through companies duly authorized to transact that class of insurance in the State of Texas. d. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the Corpus Christi Industrial Development Corporation, or the City of Corpus Christi, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. e. Provide a •Certificate of Insurance evidencing the required coverages to: City Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469-9277 Risk and Safety Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78489 -9277 F. Organization agrees that all work to be performed by it or its contractors, including all workmanship and materials, shall be of first -class quality and shall be performed in 6 full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, and such work shall be subject to City inspection during the performance thereof and after it is completed. However, the City shall have no duty to inspect. G. Organization shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Organization as such obligations mature. Organization expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Improvements thereon, and Organization shall discharge any such lien within thirty (30) days after notice of filing thereof. H. Organization shall be solely responsible to ensure that any use of the Premises is in compliance with all applicable Federal, State, and local laws and regulations, including City building codes and zoning regulations. All plans and specifications referred to above and all construction upon the City's property shall comply with all applicable federal, state or municipal laws, ordinances, rules, regulations and requirements. During the progress of all work, City's duly authorized representative may enter upon the Premises and make such inspections as may be reasonably necessary for the purpose of satisfying City that the work or construction meets the requirements or standards. I. Organization shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. J. Before any work on City property begins, Organization shall present the City Director of Engineering, the City Risk Manager or designee, and the City Manager with evidence of Contractor's insurance coverages, and City building and construction permits. K. Organization shall have the right to obtain ingress and egress to and from the area designated for construction of the Improvements by means of all existing roadways or accessways, to be used in common with others having rights of passage. L. MATERIAL AND WORKMANSHIP: (a) Organization agrees that all equipment, material, and articles into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. Organization may, at its option, use any equipment, material, article, or process that, in the judgment of the City Director of Parks and Recreation, is equal to that named in the specifications, unless otherwise specifically provided in this contract. (b) Organization shall obtain City Director of Parks and Recreation ( "CityDirector") approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the City Director the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the City Director, the Organization shall also obtain the City Director's approval of the material or articles which the Organization or its Contractor contemplates incorporating into the work. When requesting approval, the Organization shall provide full information concerning the material or articles. When directed to do so, the Organization shall submit samples for approval at the Organization's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) All work under this contract shall be performed in a skillful and workmanlike manner. The City Director may require, in writing, that the Organization remove from the work any employee the City Director deems incompetent, careless, or otherwise objectionable. A one year warranty on workmanship is required. M. Date for construction completion, If construction for its intended use as a BMX race track is not completed within nine (9) months from the Effective Date of this Agreement, then the Organization shall be considered to.be in breach of this Agreement, and the City may terminate this Agreement upon notice to Organization, without penalty to City, and City may additionally pursue all remedies under law. N. cost of construction of the improvements. The complete cost of developing all necessary plans and specifications and the cost of construction of the improvements by Organization shall be borne solely by Organization and be at no expense to City whatsoever. O. Use of donated materials. City may make available donated materials to Organization for Organization's use at the Premises. ORGANIZATION ASSUMES ALL RISK ASSOCIATED WITH USE OF ANY MATERIALS DONATED OR PROVIDED BY THE CITY. CITY EXPRESSLY WAIVES ANY WARRANTIES REGARDING SUITABILITY OR FITNESS FOR PARTICULAR PURPOSE OF ANY MATERIALS USED AT THE PREMISES. Section 6, Ownershi of im rov manta After Com letlon of Construction Upon completion of the Improvements, Organization donates the Improvements to CCIDC, which then leases them to the City, to be subleased by the City to the Organization. The Improvements are considered completed when accepted in writing for the CCIDC by the City Director of Parks and Recreation. Any warranties given to the 8 Organization regarding the Improvements shall be transferred and assigned to CCI City at the same time as the Improvements are transferred to the CCIDC. Section 7. Purpose of Lease of Improvements after Completion of Construction Upon acceptance of the Improvements by the City Director of Parks and Recreation, the City shall sublease the Premises together with Improvements to Organization ( "Leased Premises ") for the remainder of the Term section described above, for Organization to provide bicycle motorcross (BMX) sports programs for the citizens of Corpus Christi. Organization may not use the Leased Premises for any other purpose without the prior written approval of the Parks Director. The Organization's use of the Leased Premises is subject to the terms and conditions of this Agreement, including attached Exhibits. Section 8. Consideration, Financial Records and Audit As additional consideration for use of the Premises, Organization agrees to pay the City as follows: Organization shall pay City two percent of Gross Revenues, to be used by City for improvements to be made at the Premises. Organization shall also pay City ten percent of Net Revenues, due tenth of each month, to address directed by the City Director of Parks and Recreation. All payments are due by the tenth of each month, to address as directed by the City Director of Parks and Recreation. Late payments accrue interest at rate of ten percent per month from the date the payment became due. Organization must maintain all financial records and receipts for at least three (3) years from the expiration of this Agreement. City has right to inspect and audit financial records of Organization during regular business hours. Financial records include but it not limited to, all documents related to the conduct of the operations, such as general ledgers, accounts receivables and payables, sales journals, inventory records, daily and periodic summary reports, cash register and computer terminal tapes, bank deposit slips, bank statements, tax reports to the State and Federal agencies, and discount and rebate records. Organization must furnish City Director with monthly statements of Gross Revenues, and Net Revenues, certified by an authorized officer of Organization, in accordance with generally accepted accounting principles and procedures, and in a form approved by the City Director of Financial Services. Section 9. Damage or Destruction 9 In the event of damage or destruction to the Improvements or Leased Premises, City and Corpus Christi Industrial Development Corporation shall have no obligation to repair or rebuild the Improvements or Leased Premises or any fixtures, equipment or other personal property installed by Organization. However, if said damage or destruction occurs prior to completion of the construction of the Improvements, any insurance proceeds from any casualty loss shall be applied to the repair or rebuilding of the Improvements, which will be the extent of Organization's obligation for repair. If such damage or destruction renders the Improvements unusable or unsafe as determined by the City Manager in his sole discretion, then upon City Manager's written notice to Organization, this Agreement terminates immediately without penalty to the City. Any damage caused by City will be reviewed by the City Risk Management office. Section 10. Termination. In addition to provisions set forth elsewhere in this Agreement, the Agreement may be terminated as follows: (A) If there is noncompliance with one or more of the provisions contained herein, the City Director of Parks and Recreation may give Organization written notice to cure or begin curing the default(s) within thirty (30) days of receipt of the notice. If Organization is not in compliance or in substantial compliance with each provision identified by the City Director of Parks and Recreation within thirty (30) days of receiving said notice, or if such noncompliance reasonably requires additional time if Organization is not proceeding diligently with curing the default(s), the City Manager may terminate this Agreement for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (B) Either City or Organization may terminate this Agreement without cause by giving thirty (30) days written notice to the non- terminating party. Section 11. Surrender. Upon termination of this Agreement, Organization shall return the Premises to City in as good condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Organization is without fault. Section 12. Maintenance of Leased Premises. While construction is ongoing, City shall mow the Premises. After completion of construction as described above, Organization must maintain the Premises and Leased Premises including the mowing and collecting litter as directed in writing by the Parks Director. Section 13. Schedule of Activities, and Contact List. 10 Attached as Exhibit is Organization's Schedule of activities, Hours of Operation, Membership and User Fees. Organization agrees to annually submit its list of Officers and Board of Directors to the Parks Director, including name, title, address and phone number. Any changes to Organization's schedule of activities, hours and terms of operations, or membership and user fees require prior written approval of the City Director. Section 14. Responsibility for activities on Premises and Leased Premises. A. Organization is solely and exclusively responsible for all activities on the Premises. and Leased Premises and has control of the Premises. The City has no responsibility for safety or any activity on the Premises. Organization is solely responsible for safety of all activities on the Premises. B. Maintenance. Organization must maintain and repair the Premises including Improvements in good condition. If Organization fails to maintain the Premises, or fails to perform repairs in a timely manner, City may do so and bill Organization. Organization must pay City within 30 days of invoice. Maintenance includes at a minimum: (1) Organization shalt pick up and properly dispose of litter on daily basis whenever the Premises are being used and weekly during rest of the year. (2) Organization shall keep the Premises (including any buildings, temporary or permanent) operational and in good repair, including but not limited to maintaining the track, and cleaning and maintaining interior and exterior of any building(s) at the Premises. (3) Organization must immediately report any vandalism to the Parks Director or designee and Corpus Christi Police Department. City is not responsible to repair or replace any damages to the Property or Improvements. (4) Organization must keep any parking areas and access road within the Premises free of debris, properly designated and ensure that parking is confined to designated areas. (5) Organization must maintain the Premises. Organization shall maintain the grass at safe height not to exceed six (6) inches. Organization will water the Premises, in compliance with any City designated drought plan. C. Registration. Organization will promote its programs so that the public is aware of the Organization's activities. Organization will conduct all registrations, take all fees, schedule all practices, races and events and provide trophies. D. Utilities. Organization must install and pay for its own utility connections and meters and Organization must have all utility service providers bill Organization for all utilities, including but not limited to telephone, electricity, water, wastewater, gas, and solid waste. City is not responsible for payment of any utilities. 11 E. Track Condition. The City reserves the right to cancel play at the Leased Premises when field conditions, as determined by Parks Director or designee, may cause injury or damages to Leased Premises. F.Sanctioning Body. All activities scheduled and coordinated at the track must be sanctioned by USA BMX - American Bicycle Association. Section 15, Alterations. Organization may not make any alterations, additions or improvements, to, in or about the Leased Premises without prior written consent of the Parks Director. All approved alterations, improvements, and additions made by Organization upon the Leased Premises, although at Organization's expense, shall become the property of the City in fee simple without any other action or process of law at the end of this Agreement. Section 18. Tax. Organization shall be responsible for timely payment of all taxes, special assessments, or levies, if any, assessed during the term of this Agreement, against or relating to this Agreement, the Premises or Improvements, including ad valorem taxes pursuant to the Texas Property Tax Code, throughout term of this Agreement. Organization shall be responsible to timely collect and remit any applicable sales taxes. Organization must provide proof of payment upon request of Parks Director. Section 17. Assignment and Subleasing. Organization must not assign, encumber or sublease this Agreement, without prior written consent of the City Manager. Any attempted assignment or sublet without prior written consent renders this Agreement void. Section 18. Payment for Utilities. Organization must pay for all utilities used by it or for any activity sponsored by Organization on the Premises on or prior to the due date for payment. Failure to pay any utility bill on or prior to the due date is grounds for termination of this Agreement. Section 19. Signs. (A) Organization must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) if Signs are approved, the Director, in writing, may require Organization to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Organization must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure (C) 12 to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Prior to use of Premises for any of the following types of recreational activities (hockey and in -line hockey; skating, in -line skating, roller - skating, skateboarding, and roller - blading; soap box derby use; or paintball use); Organization must post and maintain a clearly readable sign in a clearly visible location on or near the premises. The sign shall contain the following warning language: WARNING TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE LIABILITY OF A GOVERNMENTAL UNIT FOR DAMAGES ARISING DIRECTLY FROM HOCKEY, 1N -LINE HOCKEY, SKATING, IN -LINE SKATING, ROLLER- SKATING, SKATEBOARDING, ROLLER- BLADING, PAINTBALL USE, OR SOAP BOX DERBY USE ON PREMISES THAT THE GOVERNMENTAL UNIT OWNS, OPERATES, OR MAINTAINS FOR THAT PURPOSE. Section 20. Advertising. The Director has the right to prohibit any advertising by Organization which impairs the reputation of the Premises or the City. Section 21. Security. Organization shall contract and pay for any and all security it requires at the Premises during the term of this Agreement. Section 22. Inspection. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Agreement. if an inspection reveals that maintenance is not being properly carried out, the Director, or his designee, may provide written notice to Organization demanding compliance. If Organization has not complied within five (5) days after receipt of the demand, the City may undertake the work and Organization shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice, Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Alternatively, the City may elect to terminate this Agreement after ten (10) days written notice to Organization. Section 23. Non - Discrimination. Organization shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws 13 of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 24. Compliance with Laws. (A) Organization must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Agreement. This Agreement is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Agreement will be brought in Nueces County where this Agreement was executed and will be performed. (C) Organization shall immediately provide Parks Director with copy of any claim or notice of violation received from any Federal, State or local government agency. Section 26. Costs. Noncompliance with the terms herein may result in termination of this Agreement and repossession of the Premises and its Improvements by the City or its agents. if the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Organization must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 26. indemnity. Organization covenants to fully indemnify, save, and hold harmless the Corpus Christi Industrial Development Corporation, the City, their respective its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and Judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Organization's operations ; (2) the exercise of rights under this Agreement; (3) an act or omission, negligence, or misconduct on the part of other persons having involvement in, participation 14 with, or business with the Premises, Organization, or the Organization's program whether authorized with the express or implied invitation or permission of Organization (collectively, Organization's Invitees) entering upon the Premises or its Improvements pursuant to this Agreement, or trespassers entering upon the Premises or its improvements during Organization's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or In connection with the asserted or recovered incident. Organization covenants and agrees that if Corpus Christi Industrial Development Corporation ( "CCIDC') or City is made a party to any litigation against Organization or in Fly litigation commenced by any party, other than Organization relating to this Agreement, Organization shall; upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend CCIDC and City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 27. insurance. (A) Organization must secure and maintain at Organization's expense, during the term of this Agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit B, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit B constitutes grounds for „termination of this Agreement. (B) Organization must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit B ", to the Director and Risk Management or designee prior to commencing use of the Premises under this Agreement. (C) Organization must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Organization shall, during the term of this Agreement, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Organization shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management. 15 Section 28. Furniture. Fixtures and Equipment. City has no responsibility to furnish any equipment or furnishings for Organization. Parks Director retains right to approve all furnishings, and fixtures that may be installed in the Premises, prior to installation. At end of the Agreement, any property remaining on the Premises shall revert to the City for the City's use or disposal. Section 29. Director's Right to Access Premises. Organization shall provide Parks Director with keys to the Premises and a current contact list in event of emergency. Parks Director and designee have right to enter the Premises during regular hours of operation or at anytime in an emergency. Section 30. Appropriations. Organization recognizes that the continuation of any expenditure by the City, after the close of any fiscal year of the City, shall be subject to appropriations and budget approval providing for such expense as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. Section 31. Warranty of Title. City and CCIDC do not warrant its title to the Premises. This agreement and the rights and privileges granted Organization in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Agreement may be construed to imply the conveyance to Organization of rights in the Premises that exceed those owned by City and CCIDC. Section 32. Notices. All notices, demands, requests, or replies provided for or permitted, under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; or, (3) by deposit with an overnight express delivery service, for which service has been prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: IF TO CITY or CCIDC: City of Corpus Christi Attn: Director of Park & Recreation P. 0. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3461 IF TO ORGANIZATION: South Texas BMX, LLC Attn: President P. O. Box 18305 Corpus Christi, TX 78480 16 Either party 'may change the address to which notice is sent by using a method set out above. Organization will notify the City of an address change within thirty (30) days after the address is changed. Section 33. Amendments. No alterations, changes, or modifications of the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. The City Manager is authorized to execute amendments which do not change the essential purpose of this Agreement. Section 34. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, shall betaken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (G) If any action by the Organization requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (0) Any waiver or indulgence of Organization's default of any provision of this Agreement shall not be considered an estoppel against the City. It is expressly under- stood that, if at any time Organization is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. Section 35. Force Maieure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will Page 17 of 24 be temporarily suspended .during this period to the extent performance is reasonably affected. Section 36. Background Checks. Organization shall require satisfactory criminal background checks on each of its employees and any volunteers Section 37. Acceptance of Premises Disclaimer: A. ORGANIZATION ACKNOWLEDGES THAT IT IS SUBLEASING THE PREMISES AS IS" WITH ALL FAULTS, AS MAY EXIST ON THE PREMISES, AND THAT NEITHER CITY, CCIDC, NOR ANY EMPLOYEE OR AGENT OF THEM, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. ORGANIZATION HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. ORGANIZATION ACKNOWLEDGES AND AGREES THAT ORGANIZATION HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH ORGANIZATION INTENDS TO PUT THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. THIS SUBLEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. B. ORGANIZATION ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO. ORGANIZATION ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. C. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS SUBLEASE. Section 38. Publication. Organization agrees to pay the cost of newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 39. Ca tions. The captions in this Agreement are for convenience only, are not a part of is reement, and do not in any way limit or amplify the terms and provisions of this Agreement. Section 40. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof 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 Page 18 of 24 jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof 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 thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 41. Complaint Notice. Organization will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880 -3461 and talk to the Parks Director, or designee. Executed in duplicate originals on the day of 2012. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa Ronald L. Olson City Secretary City Manager ORGANIZATION: South Texas BMX, LLC By: Name; Title: a-li- Date: mQV g---1 l v2.-. ca- STATE OF TEXAS COUNTY OF NUECES § § Page 19 of 24 This instrument was acknowledged before me on the „„day of ,2012— by Tr..C- -r 1' G4ck , as the Prtlael- , for South Texas BMX, LLC, a Texas limited liability corporation, on behalf of the corporation. Notary Public, State of Texas: Printed Name: MA:, c L ( L IK,./41 Commission expires: MRY AF NO ST MYCOMM19904 EXPIRES OCTOBER y 2014 Page 20 of 24 EXHIBIT A Property Description either survey or metes and bounds (to be inserted] Description of Improvements to be constructed by Organization /Organization: Approximately 1000 feet of track Concession stand 10' x 20' Lighting Fencing Gates SUM Oir TEXAIS OtiNTY Olt NUten BEING a tradtitif lanlitotitillitItigA50:AdreallSBARtSti. -Ftlytkflead outd-Teatt(3;411ff tylaasi.as.shown In Milian* 21):P.age;106:041tallilaWROceittalit Nttocee,600Wity,-,..10.m. Thieliii9:AcraTradt bairitt More paftleOlarirdesallbeaby Wittettadb_Otifidii 11�N f(EGINNING ita:•Poirtt-onliie sottiertSfAidundary- I hie Of .Harem -Park:Additioh recorded iri Volume gr 'pogo 5?of theMap-Rederda of -,NLiecce:Oourityc Texasi ftain--WhiCh:.a Found 1" Itori. Ploa-laearkNeta-261•01Wa:cliStandebt 614:01'; 11110140$1,010.116110Ealong the,southarly-boUndatyline:of :said-Slott( a a distance 014§0:.0040 EvIltiltit'frOm whidh a -Found iroo,P1p6,:lcAare. Stitr2.01ftVE, adlatence-,of 429.1:et being the nOrtheeSterly. cornerdtthialraot THENOtS2r2t0Arthrovgh -Traot-0..., 'Cliff Maus,a-s: rooitiatt in Volume -27, Page 00 .orthe Matt iReggEtis'Of -Ntoims-Clognty,.TeviA a distance -Of 400 00' a PolK 'barna the touthcastarlyoorneratlite-. tract; TRENOE:,N40911.61N Qoatinuing through eald Tract 6, a distance of 60040'• to a Point on a chain link :fame, being-the eovesterly corner-of this tract THENOEN3W23'24'S contIntlinglthrough eatellitot a dietatic•of817ttkthe POINT- AND PLAOR-OF BEGENNING4iridoontalning 3.59,Acres of land. arirfae arwJth yeferenceto-,alouthet4q1ounda or8lock5080P2611:014, Harlara Pat* AddittOttioreoer.dedinVolionat Page 57 ofte; ap Records offitueces DounIy, Texas. $.taflr011exes CNUntyO1'NuOce.a iquageiLD. 0.:611$.alite1stered P.r0f04000I Wind 'SuRsygrfor itta4ily-0.Oorpus herek:certify:that.thalotegoing 'field :nole*kmiere prepared by a UM aloof made ore tiwardkird under my direction. Ttlislhe le day of jUly, 2012 Di, 0 R(10900 c!. 90118, State OtTeXas Litense NO. .5;241 AAA4Ww-- Page 21 of 24 EXHIBIT B INSURANCkREQUIREMENTS E. ORGANI4ATION'S LIABILITY INSURANCE A. Organization must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Organization must not allow any subcontractor to commence work until all similar Insurance required of the subcontractor has been obtained. B. Organization must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with applicable policy endorsements, naming the City and the Corpus Christi Industrial Development Corporation as additional insureds for all liability policies. A blanket waiver of subrogation is required on all applicable policies showing the following minimum coverage by Insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, material change, non - renewal or termination Is required on all certificates or by policy endorsements Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability Including: 1. Commercial Form 2. Premises - Operations 3_ Products! Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE if liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Organization is responsible for any and all damage to property or equipment used, regardless if owned, rented leased or borrowed. WORKER'S COMPENSATION. Applicable for paid employees which complies with the Texas Workers' Compensation Act and Section II of this Exhibit EMPLOYERS' LIABILITY $500,0001$500,000 /$500,000 . In the event of accidents of any kind, Organization must furnish the Risk Manager with copies of all reports of any accidents within ten (10) day of any accident. II, ADDITIONAL REQQIREMENTS Page 22 of 24 A. Applicable for paid employees, Organization must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Organization will be promptly met, B. Organization's financial integrity is of interest to the City; therefore, subject to Organizations right to maintain reasonable deductibles in such amounts as are approved by the City, Organization shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Organization's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Organization shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Organization shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager and P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Organization agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives the Corpus Christi Industrial Development Corporation as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other Insurance" clause shall not apply to the City of Corpus Christi where the City Is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. l±. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Organization shall provide a replacement Certificate of insurance and applicable endorsements to City. City shall have the option to suspend Organization's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 23 of 24 F. In addition to any other remedies the City may have upon Organization's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Organization to stop work hereunder, andfor withhold any payment(s) which become due to Organization hereunder until Organization demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Organization may be held responsible for payments of damages to persons or property resulting from Organization's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Organization's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page 24 of 24 EXHIBIT C Schedule of Activities and Hours of Operation Attached as Exhibit is Organization Schedule of activities, Hours of Operation, Membership and User Fees EXHIBIT Schedule of Activities and Hours of Operation RN X12 eig;, EXHIBIT Membership and Use Fees lotwirgingre AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 16, 2012 Second Reading /Action Item for the City Council Meeting of October 23, 2012 DATE: TO: FROM: September 12, 2012 Ronald L. Olson, City Manager Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Michael G. Winnie and Liza Winnie (Case No. 0812 -03) Change from "RS -TF" Two - Family District to "ON" Office District Property Address: 5446 Lipes Boulevard CAPTION: Case No. 0812 -03 Michael G. Winnie and Liza Winnie: A change of zoning from the "RS -TF" Two - Family District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. The property to be rezoned is described as Corpus Christi Retirement Residence Addition, Block 1, Lot 2, located along the north side of Lipes Boulevard, approximately 800 feet west of South Staples Street (FM 2444). PURPOSE: The purpose of this item is to rezone the property from a duplex district to an office district in order to construct a 4,000- square -foot medical office. RECOMMENDATION: Planning Commission and Staff Recommendation (August 15, 2012): Approval of the change of zoning from the "RS -TF" Two - Family District to the "ON" Office District. BACKGROUND AND FINDINGS: The applicant is requesting a change of zoning from the "RS -TF" Two - Family District to the "ON" Office District in order to construct a medical office totaling 4,000 square feet on the 0.87 -acre site. The office would staff seven employees and would operate during normal business hours. The applicant has entered into a sales contract with the land owner and will close on the property subject to the approval of the zoning change. The single - family neighborhood would receive protection from the non - residential use by means of setbacks, buffer yards, screening, and stricter lighting standards. Located to the north and east of the subject property is a residential retirement home in the "RS -TF" District. To the east just past the entrance to the retirement home is a property that was recently rezoned to the "ON" Office District and developed with a physical therapy office. West of the subject property is a single - family neighborhood in the "RS -6" Single - Family 6 District. South of the subject property and across Lipes Boulevard, the land is vacant and zoned an "RS- 6" Single - Family 6 District. To the southeast of the subject property is a church in the "RM -1" Multifamily 1 District. The change of zoning to the "ON" Office District would be consistent with the surrounding uses and zoning patterns, such as the church, retirement home, apartments and physical therapy office. Additionally, the office use would provide a better transition between the commercial and apartment uses on South Staples Street and Lipes Boulevard and the single - family neighborhoods. Traffic generation from an office use would not substantially increase the volume of traffic through the area. ALTERNATIVES: 1. Approve an intermediate zoning district or Special Permit; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the property for medium - density residential uses. The proposed change of zoning would be an acceptable expansion of a commercial use into a residential area and it would not negatively affect the desirability of the neighborhood. The development of a medical office building would provide a professional office use that would serve and be compatible with the nearby single - family and multifamily developments. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission 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): Comments: None LIST OF SUPPORTING DOCUMENTS: 1.) Aerial Overview Map 2.) Zoning Report with Attachments 3.) Ordinance with Exhibit ZONING REPORT Case No.: 0812 -03 HTE No. 12- 10000024 Planning Commission Hearing Date: August 15, 2012 Applicant & Legal Description Applicant /Representative: Michael G. Winnie and Liza Winnie Owner: Grace Bible Church of Corpus Christi, Texas Legal Description /Location: Corpus Christi Retirement Residence Addition, Block 1, Lot 2, located along the north side of Lipes Boulevard and approximately 800 feet west of South Staples Street (FM 2444). Zoning Request From: "RS -TF" Two - Family District To: "ON" Office District Area: 0.87 acres Purpose of Request: To allow the construction of a 4,000- square -foot medical office. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -TF" Two - Family Vacant Medium Density Residential North "RS -TF" Two - Family Medium Density Residential Medium Density Residential South "RS -6" Single - Family 6 Vacant Low Density Residential East "RS -TF" Two - Family Medium Density Residential Medium Density Residential West "RS -6" Single - Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for medium density residential uses. The proposed change of zoning to the "ON" Office District is not consistent with the adopted Future Land Use Plan. Map No.: 045032 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property has 185 feet of frontage along the north side of Lipes Boulevard, which is a "01" Minor Residential Collector Street. The subject property has indirect access to South Staples Street (FM 2224), which is an "A3" Primary- Arterial Divided Street, via Lipes Boulevard. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Lipes Blvd. 01 Minor Residential Collector 60' ROW, 40' paved 60' ROW, 40' paved Not Available S. Staples St. (FM 2224) A3 Primary Arterial Divided 130' ROW, 79' paved 130' ROW, 65' paved 17,220 ADT Zoning Report Case #0812 -03 Michael G. Winnie and Liza Winnie Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -TF" Two - Family District to the "ON" Office District to allow for the construction of a 4,000- square -foot medical office. Applicant's Development Plan: The applicant is proposing a 4,000 square foot structure on the subject property for Dr. Michael Winnie's medical office. The office would staff seven employees and would operate during normal business hours. The applicant has entered into a sales contract with the land owner and will close on the property subject to the approval of the zoning change. Existing Land Uses & Zoning: Located to the north and east of the subject property is a multifamily residential retirement home zoned in the "RS -TF" District. Also to the east just past the entrance to the retirement home is a property that was recently rezoned to the "ON" Office District and developed with a physical therapy office. To the west of the subject property is a single - family neighborhood in the "RS -6" Single - Family 6 District. To the south of the subject property and across Lipes Boulevard, the land is vacant and zoned an "RS -6" Single - Family 6 District. To the southeast of the subject property is a church in the "RM -1" Multifamily 1 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Buffering & Nuisance Abatement: The following are requirements of the Unified Development Code (UDC): 1.) A 10 -foot wide buffer yard and 10 buffer points are required between the proposed office and the adjacent residential district. 2.) A seven -foot wall is required when noise generators, such as dumpsters or mechanical equipment (air conditioning units), are located adjacent to a single - family district. 3.) All light fixtures located within fifty (50) feet of a residential property must not exceed fifteen (15) feet in height. 4.) A minimum six (6) foot solid screening fence is required between the proposed office and abutting residential neighborhood. 5.) Commercial structures must be setback from single - family uses a distance based on the height of the commercial structure. 6.) All roof, ground and wall- mounted mechanical equipment shall be screened from view from residential properties or public rights -of -way at ground level of the property line. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the property for medium - density residential uses. The proposed change of zoning would provide an office use that would serve and be compatible with the nearby single - family and multifamily developments. The rezoning is consistent with other relevant elements of the Comprehensive Plan such as: 1.) Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods (Comprehensive Plan, Commercial Policy Statement D). 2.) Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood (Comprehensive Plan, Commercial Policy Statement G). 3.) Infill should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). Zoning Report Case # 0812 -03 Michael G. Winnie and Liza Winnie Page 3 Plat Status: The subject property is currently platted. Department Comments: • The change of zoning to the "ON" Office District would be consistent with the surrounding uses and zoning patterns, such as the church, retirement home, apartments and physical therapy office. • The office use would provide a better transition between the commercial and apartment uses on South Staples Street and Lipes Boulevard and the single - family neighborhoods. • Traffic generation from an office use would not substantially increase traffic volumes. • The proposed medical office building would increase the availability of personal services in the area. • The Unified Development Code provides added protection when office uses located adjacent to single - family uses through buffer requirements, lighting restrictions, and noise abatement. Planning Commission and Staff Recommendation (August 15, 2012): Approval of the change of zoning from the "RS -TF" Two - Family District to the "ON" Office District. Notification Number of Notices Mailed — 18 within 200' notification area; 7 outside notification area As of August 23, 2012: In Favor In Opposition For 0.00% in opposition. — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \0812 -03 Michael G. Winnie and Liza Winnie \0812 -03 Report for CC, Winnie (8- 13- 12).docx /[S -/63 CRQS T E, R 14J G UN-1 6 SUBJECT PROPERTY RS -TF RS RS -6 CN -1 C i C 2 G CQRNE 0 CN -1 i RM -1 CN -1 800 SAN MARIN 'Fee? Date Created 7 /20/20'12 Pre'pared By(jer�emym Department of Development:Services CASE: 0812 -03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property with 200' buffer O Owners in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition LOCATION MAP Ordinance amending the Unified Development Code ( "UDC ") upon application by Michael G. Winnie and Liza Winnie, acting on behalf of Grace Bible Church of Corpus Christi, Texas ( "Owner "), by changing the UDC Zoning Map in reference to Corpus Christi Retirement Residence Addition, Block 1, Lot 2, from the "RS -TF" Two - Family District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; providing a repealer clause; providing for penalties; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Michael G. Winnie and Liza Winnie, acting on behalf of Grace Bible Church of Corpus Christi, Texas ( "Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 15, 2012, during a meeting of the Planning Commission, and on Tuesday, October 16, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Corpus Christi Retirement Residence Addition, Block 1, Lot 2 (the "Property "), located along the north side of Lipes Boulevard approximately 800 feet west of South Staples Street (FM 2444), from the "RS -TF" Two - Family District to the "ON" Office District (Zoning Map No. 045032), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. 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. 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 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 Zoning Ord Grace Bible Church MGWinnie LWinnie vFinal (1) Page 2 of 2 RS -/63 CRQS a TE, R 14J G ' U' N7' 6 RS -6 SUBJECT PROPERTY RS -TF RS -��5 CN -1 C CN- 1' 2 RS -6 STONEHGE UNI' A RM -1 400 800 SAN M A, R I N' iFeitt CASE: 0812 -03 1. SUBJECT PROPERTY Subject Property EXHIBIT A ONSTERLI G CORNE CN..11 CN -1 Date Created 7/20/20'12 Prepared�8 y(jer, emym Department of Development SeP7 ces LOCATION MAP AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 16, 2012 Second Reading /Action Item for the City Council Meeting of October 23, 2012 DATE: September 12, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Nueces County Community Action Agency (Case No. 0812 -05) Change from "RS -6" Single - Family 6 District to "RM -1" Multifamily 1 District Property Address: 3226 Houston Street CAPTION: Case No. 0812 -05: Nueces County Community Action Agency: A change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change of future land use from low density residential to medium density residential. The property to be rezoned is described as Laughlin Addition, Block 3, Lot 25 -A, located along the north side of Houston Street approximately 400 feet east of Kostoryz Road. PURPOSE: The purpose of this item is to rezone the property from a single - family district to a multifamily district to allow for the construction of a four -unit apartment development. RECOMMENDATION: Planning Commission & Staff Recommendation (August 15, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. BACKGROUND AND FINDINGS: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District to allow for the construction of a four -unit multifamily housing development. The applicant owns the adjacent property to the west and is constructing a seven - unit apartment complex as Phase 1. The proposed rezoning would allow the expansion of the existing apartment complex by four additional dwelling units as Phase 2. The applicant is applying for City of Corpus Christi HOME funding for the construction of this project. Rezoning this particular lot to the "RM -1" District would be consistent with surrounding properties. Located to the north and east of the subject property is a single - family subdivision, which is zoned as the "RS -6" Single - Family 6 District, and a church is located to the northwest of the subject property. Located to the south of the subject property is an apartment complex (Wind Rush Apartments), which is zoned the "RM -3" Multifamily 3 District. To the west of the subject property is Phase 1 of the applicant's apartment complex, which is zoned "RS -TF" Two - Family District. The proposed rezoning is an acceptable expansion of the adjacent multifamily uses and will increase the amount of affordable housing in the area. The subject property has convenient access to an arterial street so traffic will be discouraged through residential streets. Lastly, the Unified Development Code affords protection of the adjacent single - family uses by means of setbacks, buffer yards, screening, and stricter lighting standards. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, but it is a reasonable expansion of the surrounding multifamily uses. This rezoning is consistent with other elements of the Comprehensive Plan and Southeast Development Plan, such as encouraging infill development and locating medium density residential establishments with convenient access to an arterial road so that traffic is not directed through local residential streets. The proposed development will also have convenient access to public transportation. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission 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): Comments: None LIST OF SUPPORTING DOCUMENTS: 1. Aerial Overview Map 2. Zoning Report with Exhibits 3. Ordinance with Exhibits -,d }_ i-- `« .4. 1. y * -7 - _ rd i. • k :! e { - � � � � fY i - S` � , 1^, a 4' 1' i 'f - . hie I'' w t r { ,4,-.,,,,,..-,„,,,,L-,,,' • A f 1 � r [ it f 4-1 , �. ` w•per})/_ • r.i . a tk St 1 - r'r i } d 1, g 4)- F .C.f7 _' f ( t L � t - ' f" * - ZONING REPORT Case No.: 0812 -05 HTE No. 12- 10000026 Planning Commission Hearing Date: August 15, 2012 Applicant & Legal Description Applicant /Owner: Nueces County Community Action Agency Representative: Sam Esquivel Legal Description /Location: Laughlin Addition, Block 3, Lot 25 -A, located along the north side of Houston Street and approximately 400 feet east of Kostoryz Road. Zoning Request From: To: Area: Purpose development. "RS -6" Single - Family 6 District "RM -1" Multifamily 1 District 0.487 acres of Request: To allow the construction of a multifamily housing Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Vacant Low Density Residential North "RS -6" Single - Family 6 Low Density Residential Low Density Residential South "RM -3" Multifamily 3 Medium Density Residential Medium Density Residential East "RS -6" Single - Family 6 Low Density Residential Low Density Residential West "RS -TF" Two - Family Medium Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Southeast Area Development Plan (ADP) and is planned for low density residential uses. The proposed change of zoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan. Map No.: 045039 & 046039 Zoning Violations: None Transport -ation Transportation and Circulation: The subject property has 118 feet of frontage along the north side of Houston Street, which is a Local Residential Street, and has indirect access to Kostoryz Road, which is an "Al" Minor Arterial Undivided. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Houston St. Local Residential 50' ROW, 28' paved 50' ROW, 28' paved Not Available Kostoryz Rd. "Al" Minor Arterial Undivided 95' ROW, 64' paved 80' ROW, 44' paved 12,896 Zoning Report Case #0812 -05, NCCAA Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District to allow for the construction of a four -unit multifamily housing development. The applicant owns the adjacent property to the west and is constructing a seven -unit apartment complex as Phase 1. The proposed rezoning would allow the expansion of the existing apartment complex by four additional dwelling units as Phase 2. Applicant's Development Plan: The applicant plans to construct a small apartment complex consisting of four (4) three - bedroom, accessible dwelling units affordable to low- or moderate - income households. The proposed apartment complex would be Phase 2 of an apartment complex that the applicant constructed on Houston Street. Phase 1 consisted of seven one- and two - bedroom dwelling units. Phase 2 will provide four (4) three - bedroom units to compliment the housing options available within the complex. Phase 2 would share driveway access with Phase 1. The applicant is applying for City of Corpus Christi HOME funding for the construction of this project. Existing Land Uses & Zoning: Located to the north and east of the subject property is a single - family subdivision, which is zoned as the "RS -6" Single - Family 6 District, and a church is located to the northwest of the subject property. Located to the south of the subject property is an apartment complex (Wind Rush Apartments), which is zoned the "RM -3" Multifamily 3 District. To the west of the subject property is Phase 1 of the applicant's apartment complex, which is zoned as the "RS -TF" Two - Family District (formerly the "R -2" Multiple Dwelling Unit District). AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the subject property for low- density residential uses. With the recent development of the multifamily apartment complex to the west, rezoning the subject property to a multifamily district would be a reasonable extension of the multifamily use to the west and would be consistent with the existing multifamily zoning district to the south. Additionally, the following pertinent elements of the Comprehensive Plan and Southeast Area Development Plan (ADP) should be considered: • Encourage infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). • Medium - density residential development should be located in areas with convenient access to an arterial -type street (Comprehensive Plan, Residential Policy Statement F). • Traffic hazards should be lessened by discouraging through traffic within residential areas (Comprehensive Plan, Residential Policy Statement J.) Transportation: The Comprehensive Plan states that medium - density residential developments should have convenient access to arterial -type streets. The subject property is approximately 400 feet east of Kostoryz Road, which is an "Al" Minor Arterial Undivided street. Therefore, the subject property has convenient access to an arterial -type street without having to traverse the residential neighborhood. Plat Status: The subject property is platted. Zoning Report Case # 0812 -05, NCCAA Page 3 Department Comments: • Rezoning the subject property to a multifamily district would also be consistent with the existing multifamily developments to the west (applicant's Phase 1 apartments), which is zoned "RS -TF" Two - Family District, and to the south (Wind Rush Apartments), which is zoned "RM -3" Multifamily 3 District. • Despite the inconsistency with the Future Land Use Plan, staff supports this rezoning request as it is a reasonable expansion of the multifamily districts to the west and south because of the infill development which is one of the City's planning policies. • The proposed project would have convenient access to Kostoryz Road, which means that apartment tenants would be less likely to drive east on Houston Street through the single - family neighborhood creating cut - through traffic. Planninq Commission and Staff Recommendation (August 15, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. Notification Number of Notices Mailed — 16 within 200' notification area; 8 outside notification area As of August 23, 2012: In Favor In Opposition For 3.49% in opposition. — 0 (inside notification area); 0 (outside notification area) — 2 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. Proposed Development Plan K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \0812 -05 Nueces Co. Community Action Agency \0812 -05 Report for CC, NCCAA (8- 14- 12).docx WY WO O D 1/ CASH-1I'I1DA (B ICE JJR H7 �) 9 E WO D 2 12 39 PARKWAY 28 -D RS PAL $ R P 5 R AVA � 22 -A 21 -8 21 -A 20 -8 19 -C G -1 K CG -2 18 -A 18 SUBJECT PROPERTY Date Created/7 /30/20/12 7• 30 / Prepared Sy: jeremym Departure "nFo fDeue4pment Services CASE: 0812 -05 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY :' (wait £I'091 &SEr4i.SLS ATE EASEVE 3226 HOUSTON STREET 3220 HOUSTON STREET PHASE 2 - 4 UNITS PHASE 1- 7 UNITS 1,540 Bf STORAGE Z H Z L: Z `� "_ Z 0 a a ATE EASEVE 3226 HOUSTON STREET 3220 HOUSTON STREET PHASE 2 - 4 UNITS PHASE 1- 7 UNITS Ordinance amending the Unified Development Code ( "UDC ") upon application by Nueces County Community Action Agency ( "Owner "), by changing the UDC Zoning Map in reference to Laughlin Addition, Block 3, Lot 25 -A, from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; providing a repealer clause; providing for penalties; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Nueces County Community Action Agency ( "Owner") for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 15, 2012, during a meeting of the Planning Commission, and on Tuesday, October 16, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Laughlin Addition, Block 3, Lot 25 -A (the "Property "), located along the north side of Houston Street approximately 400 feet east of Kostoryz Road, from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map Nos. 045039 & 046039), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect the changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. 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. 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 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 Zoning Ord NCCAA vFinal Page 2 of 2 WY WOOD 1/ CA SA LIN D A ( 8 H ) 9 E LWO D 2 12 39 PARKWAY RS-T RS-6 24 24A ALL R PER AVA R M 3 22-A 21-8 21-A 20-8 19-C 0.G-*/ KOS CG-2 18-A 18 SUBJECT PROPERTY Date Created/7/30/20/12 7. 30 Pi'epiared Sy: jerernym Departge'nForiMe4ptper, Services CASE: 0812-05 1. SUBJECT PROPERTY EXHIBIT A Subject Property AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 16, 2012 Second Reading /Action Item for the City Council Meeting of October 23, 2012 DATE: TO: FROM: September 17, 2012 Ronald L. Olson, City Manager Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Williams Airline Partners, Ltd. (Case No. 0912 -02) Change from "RM -3" Multifamily 3 District to "CG -2" General Commercial District Property Address: 5879 South Padre Island Drive CAPTION: Case No. 0912 -02 Williams Airline Partners, Ltd.: A change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District, resulting in a change of future land use from medium density residential to commercial. The property to be rezoned is described as being a 1.792 -acre tract of land out of Lot H, Wilkey Addition Unit 2, located on the north side of Williams Drive and approximately 1,200 feet west of Airline Road. PURPOSE: The purpose of this item is to rezone property to allow construction of a four -story hotel. RECOMMENDATION: Planning Commission and Staff Recommendation (September 12, 2012): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: The applicant is requesting a change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District to allow the construction of a four -story hotel. The applicant is proposing a four -story hotel on an approximately two -acre site. Located to the south and east of the subject property is vacant land. Cheddar's Restaurant is north of the subject property and is zoned "CG -2" General Commercial District. The vacant land to the south is zoned "RM -3" Multifamily 3 District. The vacant land to the east is zoned "RM -1" Multifamily 1 District. West of the property is Our Lady of Perpetual Help Catholic Church, which is zoned "RS -6" Single - Family 6 District. Across Williams Drive is a single - family neighborhood and a few commercial and public uses. A change of zoning to the "CG -2" General Commercial District would be consistent with the properties located to the north which are zoned "CG -2" District. The proposed hotel will have access to a collector street which has convenient access to two arterial streets, both of which are less than a half mile from the property. There will also be shared access to South Padre Island Drive (SH 358), which is an "F1" Freeway. Also, the configuration of this rezoning will leave a 250 -foot buffer along Williams Drive. This buffer area would be recommended for Neighborhood Commercial zoning in the future to create compatibility with the neighborhood across Williams Drive. ALTERNATIVES: 1. Approve an intermediate zoning district or Special Permit; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. Although the zoning change is not consistent with the adopted Future Land Use Plan, it would be consistent with elements of the Comprehensive Plan. The proposed change of zoning would be an acceptable expansion of a commercial use, and the property would have convenient access to South Padre Island Drive which would discourage traffic from traveling through residential areas. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission 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): Comments: None LIST OF SUPPORTING DOCUMENTS: 1.) Aerial Overview Map 2.) Zoning Report with Attachments 3.) Ordinance with Exhibit '4i r y; ZONING REPORT Case No.: 0912 -02 HTE No. 12- 10000028 Planning Commission Hearing Date: September 12, 2012 Applicant & Legal Description Applicant /Representative: Williams Airline Partners, Ltd./ Urban Engineering Owner: Williams Airline Partners, Ltd. Legal Description /Location: Being a 1.792 -acre tract of land out of Lot H, Wilkey Addition Unit 2, located on the north side of Williams Drive and approximately 1,200 feet west of Airline Road. Zoning Request From: "RM -3" Multifamily 3 District To: "CG -2" General Commercial District Area: 1.792 acres Purpose of Request: To allow construction of a four -story hotel. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3 Vacant Medium Density Residential North "CG -2" General Commercial Commercial Commercial South "RM -3" Multifamily 3 Vacant Medium Density Residential East "RM -1" Multifamily 1 Vacant Medium Density Residential West "RS -6" Single - Family 6 Public Semi - Public Public Semi - Public & Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for medium density residential use. The proposed change of zoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan. Map No.: 042035 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property will have access to Williams Drive, which is a "C3" Primary Collector Street, and South Padre Island Drive (SH 358), which is an "F1" Freeway. The subject property is approximately 1,200 feet west of Airline Road, which is an "A3" Primary- Arterial Divided Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Williams Dr. "C3" Primary Collector 75' ROW, 50' paved 90' ROW, 26' paved 8,580 (2009 ADT) S.P.I.D. (SH 358) ( ) „F1„ Freeway /Expressway 400' ROW, varied paved width 280' ROW, 240' paved 12,222 (2011 ADT) Airline Rd. "A3" Primary- Arterial Divided 130' ROW, 79' paved 84' ROW, 65' paved 34,963 (2009) Zoning Report Case # 0912 -02 Williams Airline Partners, Ltd. Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District to allow construction of a four -story hotel. Hotels are allowed in both the "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District, but the "CN -1" District has a height limitation of 35 feet, which would not allow a four -story building. Applicant's Development Plan: The applicant is proposing a four -story hotel on an approximately two -acre site. The subject property will have shared access to South Padre Island Drive (SH 358) and Williams Drive. Existing Land Uses & Zoning: Located to the south and east of the subject property is vacant land. Cheddar's Restaurant is north of the subject property and is zoned "CG -2" General Commercial District. The vacant land to the south is zoned "RM -3" Multifamily 3 District. The vacant land to the east is zoned "RM -1" Multifamily 1 District. West of the property is Our Lady of Perpetual Help Catholic Church, which is zoned "RS -6" Single - Family 6 District. Across Williams Drive is a single - family neighborhood and a few commercial and public uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is within the Southside Area Development Plan. The proposed development would not be consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. Although there are inconsistencies with the adopted Future Land Use Plan, the proposed change of zoning would be consistent with elements of the Comprehensive Plan such as: 1.) Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood (Comprehensive Plan, Commercial Policy Statement G). 2.) Infill should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). 3.) Traffic hazards should be lessened by discouraging through traffic within residential areas (Comprehensive Plan, Residential Policy Statement J). Plat Status: The subject property is currently being replatted. Department Comments: • The "CG -2" District would be consistent with the zoning districts north of the subject property. • The "CG -2" District does not have a height restriction, and since there are no single- or two - family developments abutting the property, a four -story building would not be subject to setbacks based on height. • The proposed hotel will have access to a collector street which has convenient access to two arterial streets, both of which are less than a half mile from the property. There will also be shared access to South Padre Island Drive (SH 358), which is an "F1" Freeway. • The configuration of this rezoning will leave a 250 -foot buffer along Williams Drive. This buffer area would be recommended for Neighborhood Commercial zoning in the future to create compatibility with the neighborhood across Williams Drive. Zoning Report Case # 0912 -02 Williams Airline Partners, Ltd. Page 3 Planning Commission and Staff Recommendation (September 12, 2012): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. c.) a Notification Number of Notices Mailed — 4 within 200' notification area; 4 outside notification area As of September 17, 2012: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Site Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \0912 -02 William Airline Partners, LTD \0912 -02 Report for CC, WAP (9- 12- 12).docx WILKEY AD I WILKEY PARITIQN' G -� G MANOR TERRACE E R M - 3: O N' WILK UNIT 2 9 GWLF1NA112rppl2LINE PA „k # .F et 10 N - -7 D -3 Date Created: 8/24 /2012 Prepared By: jeremym Department of Development Services CASE: 0912 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY City of Corpus Christi Ordinance amending the Unified Development Code ( "UDC ") upon application by Williams Airline Partners, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 1.792 -acre tract of land out of Lot H, Wilkey Addition Unit 2, from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Williams Airline Partners, Ltd. ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 12, 2012, during a meeting of the Planning Commission, and on Tuesday, October 16, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 1.792 -acre tract of land out of Lot H, Wilkey Addition Unit 2 (the "Property "), located on the north side of Williams Drive and approximately 1,200 feet west of Airline Road, from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District (Zoning Map No. 042035), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: 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 ATTEST: Armando Chapa City Secretary day of , 2012. Joe Adame Mayor Williams Airline Partners Ltd RM3 to CG2 vFinal 20120921 Page 2 of 2 WILKEY AD GG -2 WILKEY PARITION MANOR TERRACE E ON 9 GULF1NA11240b LINE PA „K # -F et 10 D -3 N - Date Created: 8/24 /2012 Prepared By: jeremym Department of Development Services CASE: 0912 -02 1. SUBJECT PROPERTY EXHIBIT A Subject Property SUBJECT PROPERTY City of Corpus Christi AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 16, 2012 Second Reading /Action Item for the City Council Meeting of October 23, 2012 DATE: September 17, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Arnold Brothers Properties, L.P. (Case No. 0912 -01) A Special Permit in the "IL" Light Industrial District Property Address: 5440 Ayers Street CAPTION: Case No. 0912 -01 Arnold Brothers Properties, L.P.: The applicant is requesting a Special Permit for the wholesale storage of motor oils and lubricants in the "IL" Light Industrial District, not resulting in a change of future land use. The property to be rezoned is described as being a 0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision, located on the east side of Ayers Street (SH 286 Business) and approximately 1,000 feet north of Holly Road. PURPOSE: The purpose of this item is to grant a Special Permit to allow the wholesale storage of motor oils and lubricants for an automotive parts supply business. RECOMMENDATION: Planning Commission and Staff Recommendation (September 12, 2012): Approval of the Special Permit in the "IL" Light Industrial District subject to the following four conditions: 1. ALLOWED USE: The only use authorized by this Special Permit, other than those uses allowed by right in the "IL" Light Industrial District, is the wholesale storage of motor oils and lubricants. 2. ABOVEGROUND TANKS: The property may contain up to 70 outdoor aboveground tanks for the wholesale storage of motor oil and lubricants, each tank not exceeding a capacity of 10,000 gallons. 3. FIRE DEPARTMENT APPROVAL: The aboveground storage of motor oils and lubricants by the Owner must meet all Fire Department requirements and approval of the City's Fire Marshall. 4. TIME LIMIT: This Special Permit expires one (1) year from the final approval date of this ordinance unless the property is being used by the Owner as stated in Condition 1 and in compliance with all other conditions specified in Section 2 of this ordinance. BACKGROUND AND FINDINGS: The applicant is requesting a Special Permit in the "IL" Light Industrial District to allow the wholesale storage of motor oils and lubricants in aboveground tanks. In 2009, a Special Permit was granted that allowed the owners of the property to have 70 tanks for the storage of motor oil and lubricants. The Special Permit that was granted has since expired because the Special Permit use was not established within one year. Therefore the applicant is requesting a new Special Permit. The wholesale storage of motor oils and lubricants is classified as a Heavy Industrial use and is allowed in the "IL" District only through a Special Permit. The applicant plans on placing no more than 70 storage tanks on the property, which will contain motor oil and lubricants. There are no plans to expand any of the existing structures on the remainder of the property. Each tank will hold a maximum of 10,000 gallons. The applicant plans to relocate existing storage containers from their current facility on North Broadway Street and Palo Alto Street to the subject property. The applicant will comply with spill containment regulations imposed by current laws. The Fire Department will require the applicant to meet all fire safety regulations. The Fire Department will review the type of storage tanks and their location on the property. The proposed location is acceptable, and the applicant will decide which tank model will be used. If the API 650 model is not going to be used, then the tanks must be the UL 142 model with containment. North of the subject property is vacant land, which is zoned "IL" Light Industrial District. West of the subject property is the remainder of the owner's property, which fronts on Ayers Street (SH 286 Business) and is zoned "IL" Light Industrial District. South of the subject property is a light industrial facility zoned "IL" Light Industrial District. East of the subject property is City -owned vacant land, which is zoned "IL" Light Industrial District. The property is in the vicinity of both light and heavy industrial properties. There are no residential developments around the property and therefore the storage of motor oils and lubricants would be appropriate. Granting a Special Permit would specify the storage limitations on the property and any deviation from the Special Permit would require Planning Commission and City Council action. Both the Fire Department and Technical Review Committee do not have any objections as long as the owners follow the conditions set forth in the Special Permit. ALTERNATIVES: 1. Approve a Special Permit with modified conditions; or 2. Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Approval of the requested Special Permit is consistent with the adopted Future Land Use Plan, which slates the property for a light industrial use. Granting a Special Permit would retain the "IL" Light Industrial District rather than rezoning the property to an "I H" Heavy Industrial District to allow the wholesale storage of motor oils and lubricants. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning and Environmental Services, Legal, and Planning Commission 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): Comments: None LIST OF SUPPORTING DOCUMENTS: 1. Aerial Overview Map 2. Zoning Report with Exhibits 3. Ordinance with Exhibits K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \0912 -01 Arnold Brothers Properties, LP \Council Packet \0912 -01 Agenda Memo, ABP (9-24 - 12).docx ZONING REPORT Case No.: 0912 -01 HTE No. 12- 10000027 Planning Commission Hearing Date: September 12, 2012 Applicant & Legal Description Applicant /Representative: Arnold Brothers Properties, L.P./ Jonathan M. Arnold Owner: Arnold Brothers Properties, L.P. Legal Description /Location: Being a 0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision, located on the east side of Ayers Street (SH 286 Business) and approximately 1,000 feet north of Holly Road. Zoning Request From: "IL" Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit Area: 0.284 acres Purpose of Request: To allow the storage of motor oils and lubricants in aboveground storage containers. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Light Industrial North "IL" Light Industrial Vacant Light Industrial South "IL" Light Industrial Light Industrial Light Industrial East "IL" Light Industrial Vacant Light Industrial & Public Semi - Public West "IL" Light Industrial Light Industrial Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for a light industrial use. The proposed change of zoning to the "IL/SP" Light Industrial District with a Special Permit is consistent with the adopted Future Land Use Plan. Map No.: 048038 Zoning Violations: None Transpo- rtation Transportation and Circulation: The subject property is a portion of a larger property which has 205 feet of frontage on Ayers Street (SH 286 Business), which is an "Al" Minor Arterial Undivided Street. Ayers Street is currently under construction and will be built to its proposed width. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Ayers St. (SH 286 Business) "Al" Minor Arterial Undivided 95' ROW, 64' paved 100' ROW, 50' paved 10,097 (2010 ADT) Staff Summary: Requested Zoning: The applicant is requesting a Special Permit in the "IL" Light Industrial District to allow the aboveground storage of motor oils and lubricants. In 2009, a Special Permit was granted that allowed the owners of the property to have 70 tanks for the storage of motor oil Zoning Report Case #0912 -01 Arnold Brothers Properties, L.P. Page 2 and lubricants. The Special Permit that was granted has since expired because the Special Permit use was not established within one year. Therefore the applicant is requesting a new Special Permit. The wholesale storage of motor oils and lubricants is classified as a Heavy Industrial use and is allowed in the "IL" District through a Special Permit. Applicant's Development Plan: The applicant plans on placing no more than 70 storage tanks on the property, which will contain motor oil and lubricants. There are no plans to expand any of the existing structures on the remainder of the property. Each tank will hold a maximum of 10,000 gallons. The applicant plans to relocate existing storage containers from their current facility on North Broadway Street and Palo Alto Street to the subject property. The applicant will comply with spill containment regulations imposed by current laws. The Fire Department will require the applicant to meet all fire safety regulations. The Fire Department will review the type of storage tanks and their location on the property. The proposed location is acceptable, and the applicant will decide which tank model will be used. If the API 650 model is not going to be used, then the tanks must be the UL 142 model with containment. Existing Land Uses & Zoning: North of the subject property is vacant land, which is zoned "IL" Light Industrial District. West of the subject property is the remainder of the owner's property, which fronts on Ayers Street (SH 286 Business) and is zoned "IL" Light Industrial District. South of the subject property is a light industrial facility zoned "IL" Light Industrial District. East of the subject property is City -owned vacant land, which is zoned "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed Special Permit is consistent with the adopted Future Land Use Plan, which slates the subject property for light industrial uses. Additionally, the following pertinent elements of the Comprehensive Plan should be considered: • Provide adequate and suitably -zoned land for both light and heavy industries (Comprehensive Plan, Industrial Land Use Policy A). • An active program should be developed to retain and expand existing industry (Comprehensive Plan, Industrial Land Use Policy B). Plat Status: The subject property is currently platted. Department Comments: • A Special Permit for the storage of motor oils and lubricants would be appropriate for this location, which is surrounded by other light and heavy industrial uses. • The applicant has met with the Fire Department and will comply with all safety regulations imposed by the Fire and Building Codes. • A Special Permit would specify the storage limitations and any changes to the Special Permit conditions would be subject to Planning Commission and City Council approval. • Other than Fire Department regulations, the Technical Review Committee has no objections to the proposed Special Permit. Zoning Report Case #0912 -01 Arnold Brothers Properties, LP Page 3 Planninq Commission and Staff Recommendation (September 12, 2012): Approval of the Special Permit in the "IL" Light Industrial District subject to the following four conditions: 1. ALLOWED USE: The only use authorized by this Special Permit, other than those uses allowed by right in the "IL" Light Industrial District, is the wholesale storage of motor oils and lubricants. 2. ABOVEGROUND TANKS: The property may contain up to 70 outdoor aboveground tanks for the wholesale storage of motor oil and lubricants, each tank not exceeding a capacity of 10,000 gallons. 3. FIRE DEPARTMENT APPROVAL: The aboveground storage of motor oils and lubricants by the Owner must meet all Fire Department requirements and approval of the City's Fire Marshall. 4. TIME LIMIT: This Special Permit expires one (1) year from the final approval date of this ordinance unless the property is being used by the Owner as stated in Condition 1 and in compliance with all other conditions specified in Section 2 of this ordinance. Notification Number of Notices Mailed — 5 within 200' notification area; 3 outside notification area As of September 17, 2012: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Site Map (Existing Zoning & Notice Area) SERVICE .E TER TR- EXEMPT CI, GG -2 B HEMIAN OLONY LANDS s Date Created: 8/23 /2012 Prepared By: jeremym Department of Development Services CASE: 0912 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition Ordinance amending the Unified Development Code ( "UDC ") upon application by Arnold Brothers Properties, L.P. ( "Owner "), by changing the UDC Zoning Map in reference to a 0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision, by granting 'a Special Permit to the Owner in the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Arnold Brothers Properties, L.P. ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 12, 2012, during a meeting of the Planning Commission, and on Tuesday, October 16, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by granting a Special Permit to Arnold Brothers Properties, L.P. ( "Owner ") for the wholesale storage of motor oils and lubricants on a 0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision (the "Property "), located on the east side of Ayers Street (SH 286 Business) and approximately 1,000 feet north of Holly Road (Zoning Map No. 048038), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, and Exhibit "B," which is a site plan pertaining to the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the following conditions: 1. ALLOWED USE: The only use authorized by this Special Permit, other than those uses allowed by right in the "IL" Light Industrial District, is the wholesale storage of motor oils and lubricants. 2. ABOVEGROUND TANKS: The property may contain up to 70 outdoor aboveground tanks for the wholesale storage of motor oil and lubricants, each tank not exceeding a capacity of 10,000 gallons. 3. FIRE DEPARTMENT APPROVAL: The aboveground storage of motor oils and lubricants by the Qwner must meet all Fire Department requirements and approval of the City's Fire Marshall. 4. TIME LIMIT: This Special Permit expires one (1) year from the final approval date of this ordinance unless'the property is being used by the Owner as stated in Condition 1 and in compliance with all other conditions specified in Section 2 of this ordinance. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 8. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal Arnold Brothers Special Permit Ord vFinaI 20120921 Page 2 of 3 The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: 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 Arnold Brothers Special Permit Ord vFinal 20120921 Page 3 of 3 GG -2 18 17 SERVICE �-E TER TR- EXEMPT 0 S .414r 3 SUBJECT PROPERTY B I' L HEMIAN COLONY LANDS 5 2 2 400 • Feet 800 CASE: 0912 -01 1. SUBJECT PROPERTY Subject Property EXHIBIT A Date Created: 8/23 /2012 Prepared By: jeremym Department of Development Services r 23 O O 0 m 2 0 0 r D 2J m Z N _ 0 Z Z 0 D Z C � � -1 O T)- rim N C CO /0 0 \ (/) ( 0 O Z AYERS S . (SH 286 7.21 20' B.L 0 ONIG1If18 ONI1SIX3 N29'00'00 "E_ aJA.) DD z 15' - 3- S29'00'00"W 95.0' ONla1lfl8 ONIISIXI v -ZZ 101 LOT LINE 20' Y.R L 1 P1 0 r CITY of CORPUS CHRISTI 2.401 ACRES w EXHIBIT B LOT 1, BLOCK 1 SERVICE CENTER TRACT 0 0^ 0 z Z Z D C I1fmT DZx nm D G7 Z�0.Z1 zz c)71 E W� D- z m 2DONVI O�mZ ' O G) o Dm oo m O D • 0 O O �c mra m 'S1V0 OOOOI NEV AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 16, 2012 Second Reading /Action Item for the City Council Meeting of October 23, 2012 DATE: TO: FROM: September 17, 2012 Ronald L. Olson, City Manager Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Starplex Operating, L.L.C. (Case No. 0912 -03) Change from "IL" Light Industrial District to "CG -2" General Commercial District Property Address: 5218 Silverberry Drive CAPTION: Case No. 0912 -03 Starplex Operating, L.L.C.: A change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District, not resulting in a change of future land use. The property to be rezoned is described as being a 7.7 -acre tract of land out of Lot 11, Block 3, S.P.I.C.E. Plaza, located along the east side of Silverberry Drive and along the south side of South Padre Island Drive (SH 358). PURPOSE: The purpose of this item is to rezone property to bring a non - conforming use into compliance with the current zoning regulations. RECOMMENDATION: Planning Commission and Staff Recommendation (September 12, 2012): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: The applicant, who operates Starplex Cinema, is requesting a change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District in order to conform to the current Unified Development Code (UDC) zoning regulations. The eastern half of the property is zoned "CG -2" General Commercial District and the western half is zoned "IL" Light Industrial District with the movie theater split between the two districts. A movie theater is classified as an indoor recreational use, which is no longer allowed in the "IL" District. The owner is requesting that the whole property be zoned "CG -2" District to conform to the current regulations of the UDC. The Starplex Cinema has no plans for expansion, but in the event of destruction caused by natural or accidental events, Starplex wishes to eliminate any potential issues with reconstruction. North of the subject property are two restaurants, which are zoned "IL" Light Industrial District, and South Padre Island Drive (SH 358). East of the subject property is the remainder of the movie theater property, which is zoned "CG -2" General Commercial District. West across Silverberry Drive is a Wal -Mart Super Center, which is zoned "IL" Light Industrial District. South of the subject property is vacant land zoned "CG -2" General Commercial District. Approval of the proposed rezoning would be consistent with the adopted Future Land Use Plan and would help bring a nonconforming use into compliance. ALTERNATIVES: 1. Approve an intermediate zoning district or Special Permit; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with both the adopted Future Land Use Plan and portions of the Comprehensive Plan. This rezoning would help implement the Future Land Use Plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning and Environmental Services, Legal, and Planning Commission 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): Comments: None LIST OF SUPPORTING DOCUMENTS: 1.) Aerial Overview Map 2.) Zoning Report with Attachments 3.) Ordinance with Exhibit ZONING REPORT Case No.: 0912 -03 HTE No. 12- 10000029 Planning Commission Hearing Date: September 12, 2012 Applicant & Legal Description Applicant /Representative: Starplex Operating, L.L.C./ John D. Bell Owner: STORE SPE Starplex, LLC Legal Description /Location: Being a 7.7 -acre tract of land out of Lot 11, Block 3, S.P.I.C.E. Plaza, located along the east side of Silverberry Drive and along the south side of South Padre Island Drive (SH 358). Zoning Request From: "IL" Light Industrial District To: "CG -2" General Commercial District Area: 7.7 acres Purpose of Request: To bring a non - conforming use into compliance with the current zoning regulations. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Commercial Commercial North "IL" Light Industrial & "ON" Office Commercial & Public Semi - Public Commercial & Public Semi - Public South "CG -2" General Commercial Vacant Commercial East "CG -2" General Commercial Commercial Commercial West "IL" Light Industrial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for a commercial use. The proposed change in zoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Plan. Map No.: 048039, 048038, 049038, 049039 Zoning Violations: None Transpor- tation Transportation and Circulation: The subject property has 30 feet of frontage on South Padre Island Drive (SH 358), an "F1" Freeway /Expressway, and 680 feet of frontage on Silverberry Drive, which is a "01" Minor Residential Collector street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume S.P.I.D. (SH 358) "F1" Freeway /Expressway 400' paved width varies 307' ROW, 275' paved 4,997 o Eastbound (2009 und Silverberry Dr. "01" Minor Residential Collector 70' ROW, 48' paved 62' ROW, 48' paved Not Available Staff Summary: Requested Zoning: The applicant, who operates Starplex Cinema, is requesting a change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District in order to conform to the current Unified Development Code (UDC) zoning regulations. The eastern half of the property is zoned "CG -2" General Commercial District and the western half is zoned "IL" Zoning Report Case #0912 -03 Starplex Operating Page 2 Light Industrial District with the movie theater split between the two districts. A movie theater is classified as an indoor recreational use, which is no longer allowed in the "IL" District. The owner is requesting that the whole property be zoned "CG -2" District to conform to the current regulations of the UDC. The Starplex Cinema has no plans for expansion, but in the event of destruction caused by natural or accidental events, Starplex wishes to eliminate any potential issues with reconstruction. Existing Land Uses: North of the subject property are two restaurants, which are zoned "IL" Light Industrial District, and South Padre Island Drive (SH 358). East of the subject property is the remainder of the movie theater property, which is zoned "CG -2" General Commercial District. West across Silverberry Drive is a Wal -Mart Super Center, which is zoned "IL" Light Industrial District. South of the subject property is vacant land zoned "CG -2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. The Comprehensive Plan also states that the City should evaluate zoning districts where existing zoning should be changed to implement the Land Use Plan (Westside Area Development Plan, Policy Statement C.3). Plat Status: The subject property is currently platted. Department Comments: • Approval of the proposed rezoning would be consistent with the adopted Future Land Use Plan and would help bring a nonconforming use into compliance. • The rezoning will help implement the Future Land Use Plan. Planning Commission and Staff Recommendation (September 12, 2012): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. c.) a Notification Number of Notices Mailed — 8 within 200' notification area; 4 outside notification area As of September 17, 2012: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. Existing Site Plan K : \DevelopmentSvcs \SHARED\ZONING CASES \2012 \0912 -03 Starplex Operating \0912 -03, Report for CC, Starplex Operating.docx TWO FOUNT; NS UNIT 1 / TRACT NO. 2 ?$ NUECE CO HLTH WLFR° & SFTY, s+e T ACHERS COEAIT UNIO se o 5 IL 4 0 SPICE PLAZ SUBJECT PROPERTY 800 Feet XINGTON CE of De Date Created: 8/27 /2012 (epared By: jeremym lopment Services CASE: 0912 -03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table A in opposition -BEAR LOCATION MAP tiriT r,1 i. wCY12 B r E i aYpo a; qY6 i 9 fl4j�aal, k ita■ta m .jg }y, • 1 j igh f- �nnaua admvs � `��� a , 1 1 AiVtio 0 aa 001•79. aY.a• r ii I R� littl15-1+140$111 01-I�,a -0 011111 1III110 l' IIf = sH lIZIT A411 ]j0 T 01111111'04111 /01111114 AMU PAWN " iy 9t is it . �fi p • to Ordinance amending the Unified Development Code ( "UDC ") upon application by Starplex Operating, L.L.C., acting on behalf of STORE SPE Starplex, LLC ( "Owner "), by changing the UDC Zoning Map in reference to a 7.7 -acre tract of land out of Lot 11, Block 3, S.P.I.C.E. Plaza, from the "IL" Light Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Starplex Operating, L.L.C., acting on behalf of STORE SPE Starplex, LLC ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 12, 2012, during a meeting of the Planning Commission, and on Tuesday, October 16, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. T he Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 7.7 -acre tract of land out of Lot 11, Block 3, S.P.I.C.E. Plaza (the "Property "), located along the east side of Silverberry Drive and along the south side of South Padre Island Drive (SH 358), from the "IL" Light Industrial District to the "CG -2" General Commercial District (Zoning Map Nos. 048039, 048038, 049038, 049039), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective. July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: 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 ATTEST: Armando Chapa City Secretary day of ,2012. Joe Adame Mayor Starplex Operating LLC Rezoning vFinai 20120921 Page 2 of 2 NS UNIT 1 TRACT NO. 2 CO HLTH WLFR & SFTY- ACHERS CQEN IT UNIO /4. SPICE PLAZA SUBJECT PROPERTY 800 Feet Date Created: 8/27 /2012 LEXINGTON CE i ' Prepared By: jeremym Department of Mt, - lopment Services CASE: 0912 -03 1. SUBJECT PROPERTY Subject Property EXHIBIT A LOCATION MAP AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 DATE: October 4, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Development Services MarkVV @cctexas.com (361) 826-3246 UTILITY EASEMENT CLOSURE Abandoning and vacating a 14 -foot wide portion of a 38 -foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates. CAPTION: Ordinance abandoning and vacating a 14 -foot wide portion of a 38 -foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates; and requiring the owner, Airline and Ocean Investments, L.P., to comply with the specified conditions. PURPOSE: The purpose of this item is to reduce the width of a utility easement for the future development of the subject properties. BACKGROUND AND FINDINGS: Urban Engineering, on behalf of Airline and Ocean Investments, L.P. (Owner), is requesting the abandonment and vacation of a 5,644.43- square -foot portion of a 38 -foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates. The properties are located on the southwest corner of Ocean Drive and Airline Road. The easement is adjacent and parallel to the northern property line of Seaside Memorial Cemetery. The abandonment and vacation of the utility easement is requested in order to accommodate the future development of the subject properties. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12, because Owner will be replatting said property and upon replatting will be dedicating utility easements of equal or greater value to off -set the proposed abandonment and vacation of the easement. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. C: \Program Files \Granicus \Legistar5 \Packet \1017_City Council_10_23_2012 \0013_1_Ocean Village Estates, Agenda Memo, 10- 23- 12.doc ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject properties. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Sec. 49 -13. EM ERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. The City Wastewater Department does not have any objections to the closure, but does have a 10 -inch VCP sanitary sewer line within a portion of the said 38 -foot utility easement, and will seek reimbursement if adjustments to their facilities become necessary. AEP has an overhead primary electrical power line, and Grande Communications has fiber optic and coaxial cables within a 15 -foot section of the 38 -foot wide utility easement. AEP and Grande Communication had no objections to the easement closure, but will seek reimbursement if adjustments to their facilities become necessary. None of the other City departments or franchised utility companies had any facilities within or objections to the proposed partial easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x 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: None C: \Program Files \Granicus \Legistar5 \Packet \1017_City Council_10_23_2012 \0013_1_Ocean Village Estates, Agenda Memo, 10- 23- 12.doc RECOMMENDATION: Staff recommends approval of the easement closure. The Owner must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49 -12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at Owner's expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected properties are located. c. Prior to the permitting of any construction on the affected properties, the Owner must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owner must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits C: \Program Files \Granicus \Legistar5 \Packet \1017_City Council_10_23_2012 \0013_1_Ocean Village Estates, Agenda Memo, 10- 23- 12.doc Ordinance abandoning and vacating a 14 -foot wide portion of a 38- foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates; and requiring the owner, Airline and Ocean Investments, L.P., to comply with the specified conditions. WHEREAS, Urban Engineering, acting as agent on behalf of Airline and Ocean Investments, L.P. ( "Owner "), is requesting the abandonment and vacation of a 14 -foot wide portion of a 38 -foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates, located west of Airline Road and south of Ocean Drive, to accommodate the future development of the subject properties; WHEREAS, with proper notice to the public, public hearings were held on Tuesday, October 16, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 14 -foot wide portion of a 38 -foot wide utility easement on the affected properties, subject to the provisions in this ordinance included below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to the request of Urban Engineering, acting as agent on behalf of Airline and Ocean Investments, L.P. ( "Owner "), a 14 -foot wide portion, containing 5,644.434 square feet, of a 38 -foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates, located west of Airline Road and south of Ocean Drive, as recorded in Volume 12, Page 57 and Volume 48, Pages 124 -125, respectively, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ( "City "), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a site map and field notes map, and Exhibit "B," which is a metes and bounds description, are attached to and incorporated in this ordinance by reference as if each were set out at length in this section. Section 2. The abandonment and vacation of the utility easements described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49- 12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owner's expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected properties are located. c. Prior to the permitting of any construction on the affected properties, the Owner must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owner must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: 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 Joe Adame City Secretary Mayor Abandon % 2011E %200cea n% 20Vi llage %20Estates %20vFinal %20Revd %2020121004[1 ] Page 2of2 p,sq Q. 0 z o ' 0 il4 maag �� m 3RD W co 0 ESTATE CrON Corpus Christi Bay OCEAN DR GAINES ERST AUTON Lot 3, Block 1 Ocean Village Estates Vol. 48. Pgs. 124 -125, Map Records of Nueces County, Texas • 'Point of ftinning" r fleldnote dmcdption 0 Site Lot 2, Brack 1 Ocean Vol. Records mosEnE 0. U LO CaQ"° Z0 CAPE dls a►� KOUT CAPE Lot 1, Block 1 !loge Estates Unit 1 12, Pg. 57, Map Nueces County, Texas (Plat =559'09'20 "€) S51'14'461 401.97' 838`47'31"W 0 (Plat =S38'50'40" W) N51' ( 4'46" W tgw4.48' at =N 1'09 , 2 C4 0 s 0 sty S NAM Fd. 5 8 I.R. No monumentation found or set unless otherwise noted. EXHIBIT A Map to Accompany N51 °9•'46"W 21.17 Acres out of 7 and 8. Section 1 Flour Bluff and Encino! Farm and Garden Tracts Vol. A. Pgs. 41 -43, Ma Records of Nunes County. Texas (Owner: Carriage Cemetery Services Inc.) 90 60 30 0 ITELONOTES for daakg of pagan of WV foal wide easemant out of la t and Z Ocean Igor L6dl 1, o mon of whkh is monied ha *kw 1$ Paw 37, Mop Rework of Notese Cants faros and Lot 4 block 1, Oman r a Mc of Leh k nicarrkti in Wane 4, pagm 124-124 Map Records of Nuevo Tana 60 Fd. 5/8" I.R. 120 Graphic Scale 1'1=602 LJR May 51�1012 ENGINEERING �1 JOG NG.: 33952.2,00 CORPUS CHRISTI, TEXAS 5HI T isii.01x41 ,„ 5 225 SL. [ a„ ef; nr 7 }e¢na yDD22��jii���r r�Q�r����^ n� � I�rv0Y.4811ti1UVlK�Y3 9Z1}OEaSeYrtE1R.saa "LU('9JN321TY.46!Z[7R.L ig$!]�p11Fjj w State of Texas County of Nueces Revised: October 4, 2012 May 11, 2012 Job No. 33952.B2.00 FIELDNOTES the closing of a portion of a 38.00 foot wide utility easement out of Lot 1 and. 2, Block 1, Ocean Village Estates Unit 1, a map of which is recorded in Volume 12, Page 57, Map Records of Nueces County, Texas and Lot 3, Block 1, Ocean Village Estates, a map of which is recorded in Volume 48, Pages 124 -125, Map Records of Nueces County, Texas; said closure being more fully described by metes and bounds as follows: Beginning at a point on the common boundary of Lot 2, Block 5, Seaside Subdivision, a map of which is recorded in Volume 37, Page 116, Map Records ofNueces County, Texas and said Lot 3, Block 1, for the southwest comer of this closure, from which point, a 5/8 inch iron rod found for the south corner of said Lot 2, Block 5, same being the west comer of said Lot 3, Block 1, bears South 38 °47'31" West (Plat=South 38 °50'40" West), a distance of 24.00 feet; Thence, North 38 °47'31" East (Plat =North 38 °50'40" East), along the common boundary of said Lot 2, Block 5 and said Lot 3, BIock 1, a distance of 14.00 feet for the northwest comer of this closure; Thence, South 51 °14'46" East (Plat =South 51 °09'20" East), parallel to the south boundary of said Lots 1, 2 and 3, Block 1 and 38.00 feet distant there from, measured at right angles thereto, a distance of 401.97 feet to a point on the west boundary of Airline Road, a public roadway, for the northeast corner of this closure; Thence, South 28 °37' 16" West, with said west boundary of Airline Road, a distance of 14.22 feet for the southeast comer of this closure, from which corner, a found 5/8 inch iron rod bears South 28'37'16" West, a distance of 24.38 feet; Thence, North 51 °14'46" West (North 51 °09'20" West), parallel to the south boundary of said Lots 3, 2 and 3, Block 1 and 24.00 feet distant there from, measured at right angles thereto, a distance of 404.48 feet to the Point of Beginning and containing 0.130 Acres (5,644.434 square feet) of land; The Northeast boundary of Lot 3, as monumented on the ground and shown as South 47 °37'08" East on the recorded plat of Lot 3, Block 1, Ocean Village Estates was used as the Reference Bearing. No monumentation found or set unless otherwise noted. 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 D.,.,01/14 S : \Surve " 133952152001revfa33952B200c1osure .docx (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www,urbraneng,com TBPE Firm 4145 Dan L. Urban, R.P.L.S. License No. 4710 Page FAX 361)854 -8001 EXHIBIT B AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 16, 2012 Second Reading Ordinance /Action for the City Council Meeting of October 23, 2012 DATE: TO: Ronald L. Olson, City Manager 10/11/2012 FROM: Mark E. Van Vleck, Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 Ordinance authorizing the City Manager, to execute a use privilege agreement with Super Commercial Properties, LLC, and Gates E &S North America, Inc., ( "Permittees "), to install, operate, maintain, and remove an aerial fiber optic communications cable across the 44th Street public right - of -way from 134 44th Street to 123 44th Street. CAPTION: Ordinance authorizing the City Manager to execute a use privilege agreement with Super Commercial Properties, LLC, and Gates E &S North America, Inc. ( "Permittees "), to install, operate, maintain, and remove an aerial fiber optic communications cable across the 44th Street public right -of -way from 134 44th Street to 123 44th Street, subject to Permittees' compliance with the specified conditions. PURPOSE: The purpose of the use privilege agreement is to allow a communications cable to cross City right -of -way (44th Street) from the permittees building located on the east side of the street to their other building located on the west side of the street. BACKGROUND AND FINDINGS: Super Commercial Properties, LLC, and Gates E &S North America, Inc. ( "Permittees ") have requested a Use Privilege Agreement (UPA) from the City to install, operate, maintain, and remove an aerial fiber optic communications cable from one of their three buildings (Building 2) located on the east side of 44th Street to another building (Building 1) located on the west side of the street right -of -way. The installation is to provide a communication service between their buildings. The cable to be installed will be approximately 50 linear feet (the entire width of the street right -of -way), and will maintain a minimum 16 -foot ground clearance at all times for the entire width of the 44th Street right -of -way. Staff recommends that the Owners pay an annual payment of $50.00 for a one -year use privilege agreement, and renewable for four additional one -year terms, for the use of the 44th Street public right -of -way. Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. ALTERNATIVES: Deny the request of a Use Privilege Agreement. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right -of -way for private purposes. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. 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 0 Encumbered / Expended Amount This item $50.00 four successive annual term payments of $50.00 $250.00 BALANCE $50.00 $50.00 $250.00 Fund(s):Development Services 4670 Comments: Not applicable RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: 1. In exchange for the City's authorization to use the public right -of -way to place and maintain the aerial fiber optic communications cable ( "cable "), the Permittees agree to provide the City with an annual payment of $50. 2. The Permittees must ensure that the cable has a minimum 16 -foot ground clearance at all times for the entire width of the 44th Street public right -of -way. 3. The Permittees' use of the cable is strictly limited to serving facilities owned by the Permittees on 44th Street. Permittees may not provide nor permit anyone else to provide service through the cable to any facilities within the City owned by anyone other than the Permittees. 4. All cost incurred to maintain, repair, or remove the cable is the responsibility of the Permittees. LIST OF SUPPORTING DOCUMENTS: Ordinance Use Privilege Agreement Ordinance authorizing the City Manager to execute a use privilege agreement with Super Commercial Properties, LLC, and Gates E &S North America, Inc. ( "Permittees "), to install, operate, maintain, and remove an aerial fiber optic communications cable across the 44th Street public right -of -way from 134 44th Street to 123 44th Street, subject to Permittees' compliance with specified conditions. WHEREAS, Super Commercial Properties, LLC, a Texas limited liability company and property owner of 123 44th Street, Corpus Christi, Texas ( "Permittee No. 1 "), and Gates E &S North America, Inc., a Colorado corporation and property owner of 134 44th Street, Corpus Christi, Texas (who is also the lessee of 123 44th Street) ( "Permittee No. 2 ") (collectively, the "Permittees "), desire to install, operate, maintain, and remove an aerial fiber optic communications cable across the 44th Street public right -of -way; WHEREAS, the Permittees have requested, and the City of Corpus Christi ( "City ") desires to extend, a one -year use privilege agreement ( "Agreement "), renewable for four additional one -year terms, in order to accomplish the purpose and use intended of the public right -of -way; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, October 16, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager to enter into the Agreement for the benefit of the City and the Permittees, subject to the Permittees' compliance with the specified provisions of the Use Privilege Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee ( "City Manager"), is authorized to execute a one -year use privilege agreement ( "Agreement "), renewable for four additional one -year terms, with Super Commercial Properties, LLC, and Gates E &S North America, Inc. (collectively, the "Permittees ") to install, operate, maintain, and remove an aerial fiber optic communications cable across the public right -of -way on 44th Street, extending from 134 44th Street to 123 44th Street, such Agreement at all times subject to the Permittees' compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance as Exhibit "A," the terms and content of which are incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittees' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: 1. In exchange for the City's authorization to use the public right -of -way to place and maintain the aerial fiber optic communications cable ( "cable "), the Permittees agree to provide the City with an annual payment of $50. UPA Super Comm Properties and Gates E & S NA ORDINANCE vFinal2 (10 -12 -2012) Page 1 of 2 2. The Permittees must ensure that the cable has a minimum 16 -foot ground clearance at all times for the entire width of the 44th Street public right -of- way. 3. The Permittees' use of the cable is strictly limited to serving facilities owned by the Perm ittees on 44th Street. Perm ittees may not provide nor permit anyone else to provide service through the cable to any facilities within the City owned by anyone other than the Permittees. 4. All costs incurred to maintain, repair, or remove the cable is the responsibility of the Permittees. 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 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 UPA Super Comm Properties and Gates E & S NA ORDINANCE vFinal2 (10 -12 -2012) Page 2 of 2 IIIIItii1iiiiIjIijhijj' 45T_ 111111111111111111 mar TIN 1 AGNES STREET PLAN VIEW USE PRIVILEGE AGREEMENT SUPER COMMERCIAL PROPERTIES, L.L.C. and GATES E &S NORTH AMERICA, INC. (123 44th Street and 134 44th Street) EXHIBIT A USE PRIVILEGE AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This use privilege agreement ( "Agreement ") is entered into by and between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, Super Commercial Properties, LLC ( "Permittee No. 1"), a Texas limited liability company and property owner of 123 44th Street, Corpus Christi, Texas ( "Building 1"), whose business address is 4531 Ayers Street, Suite 201, Corpus Christi, Texas, and Gates E &S North America, Inc. ( "Permittee No. 2 "), a Colorado corporation and property owner of 134 44th Street, Corpus Christi, Texas ( "Building 2 "), who is also the lessee of Building 1. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of payment of Fifty Dollars ($50.00) paid by Permittee No. 1 and Permittee No. 2 (collectively referred to in this Agreement as "Permittees"), the receipt of which is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittees, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, and remove an aerial fiber optic communications cable from a private pole located on the north side of Building 2 crossing approximately 50 linear feet of the 44th Street public right -of -way and attaching to the highest portion of Building 1 ( "Aerial Fiber Optic Cable "), as shown in Exhibits "A" (plan view) and "B" (site plan). Copies of Exhibits "A" and "8" are attached to this Agreement and incorporated into this Agreement by reference as if fully set out here in their entireties. The area in which the use privilege is granted to locate the Aerial Fiber Optic Cable is referred to in this Agreement as the Use Privilege Area. TO HAVE AND TO HOLD the same unto Permittees, their successors and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described public right -of -way to maintain the Aerial Fiber Optic Cable, and it is further understood that the use privilege granted by this Agreement is subject to the Permittees' compliance at all times with the following conditions: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittees not less than 30 days notice in writing by the City's City Manager, or his designee ( "City Manager "). In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittees. B. This Agreement is for a term of one (1) year. At the end of the initial term, this Agreement renews automatically for up to four (4) successive annual terms upon the payment of $50 by the Permittees, unless Permittee No. 1, Permittee No. 2, or the City provides written notice of intent not to renew to the non- terminating parties at least 60 days before the end of any annual term. UPA% 20Gates% 20Super% 20Comm %20Properties %20vFinal[1] Page 1 of 8 C. This Agreement may not be assigned by Permittees, either individually or collectively, without the City Manager's prior written consent. Any appropriately approved assignment of this Agreement to any tenant of Permittees (either individually or collectively), or other successor or assign of Permittees, shall cause all terms and conditions of this Agreement to become binding upon said tenant, successor, or assign. D. The Permittees shall acquire and maintain at all times for the term of this Agreement insurance coverages pertaining to the Use Privilege Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit "C," the substantive content of Exhibit "C" being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Permittees unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Permittees shall provide copies of all requested insurance policies to the City's City Attorney. E. Should construction be deemed necessary by Permittees in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittees to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, ground clearance (16 -feet minimum clearance), and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittees shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right -of -way, including obtaining all required permits. E. Prior to the start of any approved construction, Permittees shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "C." Additionally, Permittees shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittees have provided indemnification to the City pursuant to this Agreement. G. Permittees shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittees shall contact 1- 800 - DIG -TESS and the Lone Star Notification Center (1 -800- 669- 8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittees shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: UPA% 2OGates% 20Super% 20Cornm %2OProperties %200,irral[1] Page 2 of 8 ® City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); ® American Telephone and Telegraph (AT &T); e CenturyTel; O Time Warner; ® Grande Communications; and O Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. I. Any construction process and use of the Use Privilege Area by Permittees shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right -of -way needs access to the right-of-way, Permittees shall pay for removing or relocating the Aerial Fiber Optic Cable in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittees shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing approved construction, the Permittees shall file and obtain approval for a traffic control plan with the City's Traffic Engineer, No closure or barricading of a public right -of -way or any portion of a public right -of -way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittees require a trench, pit, or similar excavation be dug during approved construction, the Permittees shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manua! on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Permittees shall allow the City immediate access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage UPA% 20Gates% 205uper% 20Comrr m %20Properties %20vfinal[1] Page 3 of 8 and repair, including labor and materials, shall be paid by Permittees within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittees shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three- hundred ten dollars and thirty -five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half -day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty -eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittees to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. At any and all times, Permittees shall be responsible for the repair and maintenance of the Aerial Fiber Optic Cable and Use Privilege Area, including any costs associated with damage occurring due to natural weather elements /occurrences or man -made forces. Should damage occur to the Aerial Fiber Optic Cable or Use Privilege Area, regardless of the type of damage, Permittees shall repair the damage within 30 days of notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. O. Permittees shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Aerial Fiber Optic Cable and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittees promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Permittees in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] UPA1 20Gates% 20Super% 20Comm %20Propertics %20vFina][1] Page 4 of 8 Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittees according to current City standards and specifications and as required by a City inspector. R. Use of the Aerial Fiber Optic Cable authorized by this Agreement is strictly limited to serving Buildings 1 and 2 in the Use Privilege Area. Permittees shall not provide, nor permit anyone else to provide or receive, service through said Aerial Fiber Optic Cable or at any facilities within the City other than the buildings specifically included in this Agreement without first obtaining a franchise from the City. S. INDEMNIFICATION. PERMITTEES, THEIR RESPECTIVE OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES, (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SUBPARAGRAPH AS "INDEMNITORS ") SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, REPRESENTATIVES, 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), PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, 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, THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM INDIVIDUALLY. INDEMNITORS SHALL, AT INDEMNITORS' OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. UPA% 20Gates% 20Super% 20Cornm %20Properties %20vFinal[1] Page S of 8 T. 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 signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Permittee No. 1: If to Permittee No. 2: If to the City: Super Commercial Properties, LLC 4531 Ayers Street, Suite 201 Corpus Christi, TX 78415 Gates E &S North America, Inc. 134 44th Street Corpus Christi, TX 78405 City of Corpus Christi Attn: Director, Development Services Department P. 0. Box 9277 Corpus Christi, TX 78469 -9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittees further agree, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "D." Completed versions of Exhibit "D" by Permittees No. 1 and No. 2 form a part of this Agreement and are incorporated• by reference into this Agreement as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittees, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by the City and Permittees and approved as required by City law. EXECUTED IN TRIPLICATE this / day of 0 UPA% 20Gates% 205uper% 20Comm %2OProperties %20vFinal[1] Page 6 o 8 ACCEPTED BA Zora• a1"'" ages Sup- om r ercial Properties, LLC ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on # , 2012, by Zorach J. Super, Manager of Super Commercial Properties, LLC, a Texas limited liability co s ; ,.,9,n,behalfof said company. • ACCEPTED BY: MARY RAMIREZ NOTARY PUBLIC State or Texas Comm. Exp, oBtatiora Eric McDonald, General Manager Gates E &S North America, Inc. Notarry Pr`dblic' Signatu ACKNOWLEDGMENT STATE OF jwi § COUNTY OF e § This instrument was acknowledged before me on Qc Q 2012, by Eric McDonald, General Manager, Gates E &S North America, Inc., a Colorado corporation, on behalf of said corporation. 11:131 ,11: ri. P Y COMMISSION 1.:XPIRly "Cp ruler h, 2013 o Notary Public's Signature t1PA% 20Gates% 205uper% 20Comm %20properties %20vFinal[1] Page 7 of 8 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager APPROVED AS TO LEGAL FORM: , 2012 Elizabeth Hundley Assistant City Attorney for the City Attorney UPA/ 20Gates% 20Super% 20Comm %20Properties %2ovFinal[i] Page 8of 8 tR Rae STREkr AGNES STRUT KHAN VIEW USE PRIVILEGE AGREEMENT SUPER COMMERCIAL PROPERTIES, LAC. and GATES HAS NORTH AMERICA, INC. (123 44th Street and 134 44th Street) EXHIBIT A EXHIBIT C INSURANCE REQUIREMENTS 1. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $. $1,000,000 Per Occurrence $2,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH TFIE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 /$500,000/$500,000 C. In the event of accidents of any kind, Permittee rnustfurniish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. tto A.t?t t' cioNA,ia A. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Permittee's financial integrity is of interest to the City; therefore, subject to Permittee's right to maintain reasonable deductibles in such amounts as are approved by the City, Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Permittee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; O Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; O Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ® Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. B. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. �. In addition to any other remedies the City may have upon Permittee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Permittee to stop work hereunder, and/or withhold any payment {s} which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof, G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Permittee's insurance shall be deemed primary and noncontributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Gates E &S North America Use Privilege Agreement (UPA) ins. req. 9/7/12 ds Risk Mgmt. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 DATE: September 28, 2012 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Mike Culbertson (361) 882 -7448 mculbertson@ccredc.com Type A Grant for M &G Resins USA, LLC to build two plants on the Inner Harbor CAPTION: Ordinance approving a Type A Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and M &G Resins USA, LLC ( "M &G ") to provide a grant of up to $3,000,000 for constructing two plants in the inner harbor, investing $751 million, creating 220 full -time jobs, and paying at least $11.7 million in annual wages and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Type A Corporation to administer the M &G Type A Incentives Agreement and appropriating $3,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Type A Corporation to M &G for constructing two plants in the inner harbor, investing $751 million, creating 220 full -time jobs, and paying at least $11.7 million in annual wages; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $3,000,000. PURPOSE: Staff recommends awarding M &G Group $3,000,000 in Type A funds payable in one payment of $3,000,000 upon commencing operation of their proposed polyethylene terephthalate (PET) and purified terephthalic acid (PTA) plants to be located at the Port of Corpus Christi. Uses of the funds will be to reimburse company for site development costs associated with their project on the north side of the ship channel along the Joe Fulton Trade Corridor. BACKGROUND AND FINDINGS: M &G Group is a family owned chemical engineering and manufacturing group headquartered in Tortona, Italy. The company operates in the PET resin industry through its wholly -owned holding company Mossi & Ghisolfi International S.A. (M &G International). M &G International is the third largest producer of PET resin for packaging applications in the world, with a production capacity in 2010 of approximately 1.6 million tons per annum. M &G Group currently has three plants located in Italy, Brazil, and West Virginia. They are looking to expand their production. ALTERNATIVES: The Type A agreement is the only incentive program that the City has for this location. OTHER CONSIDERATIONS: All taxing entities are doing their part to get this plant here. Nueces County and Del Mar College are giving tax abatements. The Port of Corpus Christi is building a rail yard adjacent to the M &G site. They are incorporating M &G rail requirements into their plans. Texas Department of Transportation has awarded the Port $22 million for rail improvements. The Tuloso- Midway Independent School District has accepted the Chapter 313 tax limitation application from M &G. 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 and the industrial districts. EMERGENCY / NON - EMERGENCY: NON - EMERGENCY DEPARTMENTAL /BOARD CLEARANCES: Legal Type A Board approved on September 17, 2012 FINANCIAL IMPACT: Operating /Type A ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 3,000,000 3,000,000 BALANCE 3,000,000 3,000,000 Fund(s): Type A Fund Comments: This item is obligating $3,000,000 in future years. The proposed payout year will be in the 2016 — 2017 fiscal year. RECOMMENDATION: Staff recommends approving the Type A grant for M &G Resins to build their two plants, investing $751 million, creating 220 full -time jobs, and having an annual payroll of at least $11,700,000. LIST OF SUPPORTING DOCUMENTS: Incentive application Ordinance Type A Agreement Business Support Agreement Page 1 of 3 Ordinance Approving a Type A Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and M &G Resins USA, LLC ( "M &G ") to provide a grant of up to $3,000,000 for constructing two plants in the inner harbor, investing $751 million, creating 220 full -time jobs, and paying at least $11.7 million in annual wages and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Type A Corporation to administer the M &G Type A Incentives Agreement and appropriating $3,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Type A Corporation to M &G for constructing two plants in the inner harbor, investing $751 million, creating 220 full -time jobs, and paying at least $11.7 million in annual wages; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $3,000,000. 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 M &G to construct two new plants in the inner harbor within the City's industrial district will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for M &G's construction of two new plants between the Type A Corporation and M &G; WHEREAS, there is a need for a business incentives project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement for M &G's construction of two new plants between the Type A Corporation and M &G. Now, therefore, be it resolved and ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentives agreement for the creation and retention of jobs between the Type A Corporation and M &G that provides for the construct two new plants in the inner harbor within the City's industrial district, which is attached to this ordinance as Exhibit A, is approved. 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 incentives agreement with M &G, which is attached to this ordinance as Exhibit B. 0015 2 ORDINANCE MG 9 -28 -12 Page 2of3 SECTION 3. That $3,000,000 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 M &G for construction of two new plants. SECTION 4. That Ordinance No. 029565, which adopted the FY 2012 -2013 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $3,000,000 for a business incentive grant from the Type A Corporation to Craft Training Center for expansion of its facility. 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 0015 2 ORDINANCE MG 9 -28 -12 Joe Adame Mayor Page 3 of 3 0015 2 ORDINANCE MG 9 -28 -12 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND M&G RESINS USA, LLC FOR CREATON AND RETENTION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Ag into between the Corpus Christi Business and Job Develo ment Corporation ("Corporation") and M&G RESINS USA, LLC ("K8&G"), a Delaware limited liability company. 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 Cnde, Section 504.002 et seq, ("the Act"), 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 far the purposes of encouraging and assishng entities in the creation ofjobs for the citizens of Corpus Christi, Texas; VVHEREAG, the Board of Directors of the Corporation ("Board"), on September 10. 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives /"TvpoA Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic omit Development Incentive Policies 2009-2011 on November 17, 2009; VVHEREAS. Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; VVHEREA8. M&G plans to construct a PET and a PTA plant on the north side of the Port of Corpus Christi inner harbor; WHEREAS, M&G proposes to inves approximately $751.8U8.0DO over a three year period; WHEREAS, on September 17, 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 M&G, through this Agreement with KU&G, to be used by M&G to construct their manufacturirig facilities, which will result in the creation of at least 220 full-time 'nbu, with an estimated annualized salary of $11,700,000 (annual average salary of $53,181). In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and M&G agree as follows: Page 1of8 Type A Incentive Agreement ' REV ox^u(2) 1. Effeciive Dato. The effective date of thls Agreement ("Effective Date) is the latest date that either party executes this Agreement. 2. Term. The term of this Agreernent is for five years beginning on the effective date. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Job Creation Qualification. a. In orde to count as a created job unde this Agreement, the job must pay wages at least as high as the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A "job" is defined in the Type A Guidelines as a full-time omp|oyue, contra or, consultant, or leased employee who has a home address in the Corpus Christi MSA. o. M&G agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is, after the creation of such jobs, maintained throughout the term of this Agreement. d. M&G agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business, o. M&G shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement, subject to any applicable privacy laws. 5. Utilization of Local Contractors and Suppliers, M&G agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Pnojao\, except where not reasonably possibte to do so without added expense, substantial incnovuninnoy, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements, with respect to the construction of the Pnojoot, being paid to local contractors and suppliers. For the purposes of this oeo8un, the term "local" as used to describe manufacturers, nuppUera, uontrauh)ro, and labor inc!udes firms, buainesoen, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. For the purpose of this Section the term "construction of the Project" means activities related to the execution of the Project which take place at the Project miha, such as civil construction, installation of equipment, and fabrication at site of piping, materials or equipment. M&G mynnen, during the construction of the Project and for four years after Cump|e4|on, to maintain written records documenting the efforts of M&G to comply with the Local Requirnment, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if M&G is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. It is understood that M&G may contract the supply and construction of the Project to an affiljate ar other nor,-Iocal contractor. In such case M&G may ensure compliance with this Section by including in such contract a flow through provision requiring such compliance, Page 2of0 Type A Incentive Agreement ' REV v-24-1uVV G. Utilization of Disadvantaged Business En (DBE"). M&G agrees to exercise reasonable efforts n utilizing contractors and suppUers that are determined 10 be disadvantaged business mobarpriseo, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises in the construction of the Project. 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 — thohomeof§oenfthabuoinauoaaoom[Uyin0withutotaorhadauylstmndendsforquaUOneU as qualification such an enterprise. M&G agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. For the purpose of this Section the term "construction of the Project" means activities na|ehad to the execution of the P ject which take place at the Project site, such as civil nonaLruction, installation of equipment, and fabrication at site of piping, materials or equipment. M&G agrees, during the construction the Project and for four yeam after Completion, to maintain written records documenting t— efforts of M&G to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if M&G is compliance with this requirement. FeUuretu uub�onbaKycomply vNth this requirement, in the in sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business eriterprises women-owned business enterprises and historically-underutilized business enterprises includes hrmn, bun|nesneu, and persons who reside in or maintain an office within m 50 mile radius of Nueces County. It is understood that M&G may contract the supply and construction of the Project to an affiliate or other non-DBE contractor, In such case M&G may ensure compliance with this Section by including in such contract a flow through provision requiring such compliance. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this |nounbve, an employer shall certify that it has offered a health insurance program for lts employees during the term of the Agreement, 9. Warranties. M&G warrants and represents to Corporation the following: a. M&G is a limited liability company duly organized under the laws of the State of Da|uware, 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 in Texas. b. M&G has the authority to enter into and pnrform, and will perfonn, the terms of this Agreement to the bes of its ability. c. M&G has timely filed and will timely file all |oua|. State, and Federal tax reports and returns required by laws to be filed and all Texas, mn0000nnoohs, hseo, and other governmental charges, including appficable ad valorem taxes, have been timely paid and Vvi||ba timely paid, dudnQthe term of this Agreement, ' Page 3oyO Type x Incentive Agreement ' REV o-24'o(2) d. M&G has received a copy of the Act, 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. e. The person executing this Agreement on behalf f &G is duly authorized to execute this Agreement on behalf of M&G, f. M&G does not and agrees that it wilt not knowingly employ an undocumented worker, If, afte receiving payments under tNmAgmemort, M&G is convicted ofeviolationundwr §U.S.C. Section 1324aAO. M&G shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date M&G has been notified of the vtolalion. 10. Compliance with Laws. During the Term of this Agreement, M&G shall observe and obey all applicable laws, ond}nanuaa, regulations, and rules of (he Fmdera|. State, county, and city governments. 11. M&G covenants and agrees that M&G will not discriminate nor permit discrimination against any person or group of pe/nono, with regard to emcJeymont and the provision of services at, mn, or in the Facility, on the grounds of race, religion, national ohgln, marital mtaduo, oex, age, d|mmbUib/, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or M&G are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of 8od, 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 M&G are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majoune. the party affected shall promptly noUfvthe other party in writing, giving full particulars of the force majeura as soon as possible ' after the occurrence ofthe cause or causes relied upon. 13, Assignment. M&G may not assign all or any part of its dghte, privileges, or duties under this Agreement without the prior written approval of the Corporation and City, such approval not to be unreasonably withheld. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. M&G covenants to fully indemnify, save, and hold harmless the Corporation, the City, fheir respective officers, employees, and agents ('Yndaonm/te*s") against all Ilability, damage, !oss, c!aims 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 M&G activities conducted under or incidental to this Agreement, including any injury, Ioss or damage caused by the sole or contributory negligence of any or all of the hndomndaem. M&G 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. Page 4of8 Type x Incentive Agreement ' REV nx*-1u(2) 15, Events of Default by M&G. The following events constitute a default of this Agre ent by M&G: a. Any representation or warranty on behalf of M&G contained in this Agreemen or in any financial atatamenN, certificate, napmf, or opinion submitted to the Corporation in connection with this Agreement is incorrect or misleading in any material respect when made; b. Any judgment is assessed against M&G or any attachment or other levy against the property of M&G with respect to a claim remains unpnW, undisoha/Aed, or not dismissed for a period of 120 days. c. M&G makes an assignmen for the benef of creditors. d. M&G files a petition in bankruptcy or is adjudicated insolvent or bankrupt. e. If taxes owed by M&G become delinquent, and M&G falis to timely and properly follow the legal procedures for protesl or contest. f. M&G changes the general character of busin as conducted as of the date this Agreement is approved by the Corporation. Q. M&G fails to comply with one or more of lhe terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that M&G is in default according to the terms of this Agreement, the Corporation or City shall notify M&G in writing of the event of default and provide 60 days from the date of the notice CCure Period") for M&G 10 cure the event of default. 17. Results of Uncured Defau/t by M&G. After exhausting good faith attempts to address any default during the cure Pehod, and taking into account any extenuating circumstances that might have occurred through no fault of KA&G, as determined by the Board of Directors of the CnrpanuUon, the following actions must be taken for any default that remains uncured after the Cure Period. a. M&G shall immediately repay all funds paid by Corporation to them under his Agreement. b. M&G 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 M&G of all sums due, the Corporation and M&G shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor M&G may be held liable for any consequential damages. Page 5o[8 Type A Incentive Agreement ' REV ye4.1xp0 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of thls Aoneement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreernent. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or aut orizes 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 M&G's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time M&G 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. 19. M&G specifically agrees that Corporation shali only be Iiable to M&G for the actual amount of the money grants to be conveyed to K8&G, and shall not be liable to M&G for any actual or consequential domaOaa, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms af this Agreement. Payment by Corporation is strictly limited to those funds so mUmceted, 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 expemoeo, as compared to each contracting parties' grant amount for that year, and Corporation shall not be Iiable to for any deficiency at that time or at any time in the future. In this ovent. Corporation will provide all supporting documentation, as requested. Payments to be made shall also require ovvritten request from M&G to be accompanied by all necessary supporting docurnentation, 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: M&G: M&G RESINS USA LLC 450 Gears Road, Suite 240 Houston, TX 77067 Page 8o;8 Type x Incentive Agreement - REV �4-1x(2) Corporation: City of Corpus Christi Business and Job Deveopment 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 S277 Corpus Christi, Texas 7846Q-A277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22, Inco4aoostiznuf other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. In the event of any conflict between the Guidelines and this Agreement, the terms of this Agreement shall control. 23. Amendments orMod0ficabono No amendments or modifications to this Agreement may be madm, nor any provision waivod, unless in writing signed by a person duly authorized to sign Agreements on behatf of each party. 24. Relationship ofParties. In performing this Agreement, both the Corporation and M&G will act in an individual capacity, and not as agents, /apreoentahvea, 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. 25. 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 (he terms and provisions of this Agreement. 26. a. If for any reason, any nmnion, paraOnaAh, subdivision, clause, pnovision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held U|aga|, invaUd, or unenforceabte 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 ancl effect for its purpose. b. To the extent that any clause or provision is held iUegm|, iAV8Ud, or unenforceable under present or future law effective during the term of this AUroomant, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, Page 7of8 Type xIncentive Agreement - REV 9-24-12 (2) or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable c!ause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically, 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and M&G. Any prior Agreements, pnnm|ueu, nmgoUaUono, or napnauentmhonn, verbal or otherwise, not expressly stated in this Agreement, are af no force and offect. 29. Survival nybennuofAgreement 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: Robert Tomez President Date: Attest By: Armando Chapa Assistant Secretary M&G RESINS USA, LLC By: Kevin McCarren Vce President, Finance Date: '71 -7-)4�1 Page 0ofO Type AmmotivoAgreement REV o-2^-1e(q THE STATE OF TEXAS COUNTY OF HARRIS This instrurnnt was acknowledged before me on Vice President, Finance for M &G RESINS USA, conlpany, on behalf of the company Notary public State of T Type A Incenllve Agreement - REV 9 -24 -12 (2) Page 9 of 8 LO , 2012, by Delaware for profit limited GUADALUPE R DIAZ My Commission Expires September 14, 2013 EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. M&G shall invest at least $751,000,000 to construct a PET and PTA manufacturing x over a three year period. M&G shall further, over the term of this Agreement, create 220 full- , time ^ubu, with an annualized salary equal to or greater than $11.700.000 (average annual salary of $53,181), as described in the schedule below. a. Grant, not to exceed $3,000,000, will be paid in full upon proof of creation of 220 new jobs, $751,000.000 in |oveutment, and an annualized salary equal to or greater than $11.700.000. b. Should the Company fall below the Performance Standards the Company shall receive a reduced percentage of the Cash Incentive. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70Y6 then there is no payment for that year. Type * Incentive Agreement REV 9-24-12 (2) 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 01, Title 12, Texas Local Government Code ( "the Act "), 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 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, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, M &G RESINS USA, LLC ( "M &G ") has submitted a proposal to the Type A Corporation for a $3,000,000 grant for investing in new facilities and new equipment for their manufacturing and distribution facilities; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund M &G's investing in new facilities and new equipment in their manufacturing facilities; and WHEREAS, the Type A Corporation, M &G has executed a business incentives agreement for the creation and retention of jobs related to M &G investing in new facilities and new equipment for their manufacturing facilities. 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 Page 1 of 3 0015_4_Type A Business Support Agreement - MG 9 25 12 M &G related to M &G PET manufacturing facility in Corpus Christi's industrial district ( "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 designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or 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 Council. 5. Effective Date. The effective date of this Project Service Agreement is , 20_. 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 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. Page 2 of 3 0015_4_Type A Business Support Agreement - MG 9 25 12 The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Robert Tamez City Manager President Date: Date: Attest Armando Chapa City Secretary Page 3 of 3 0015_4_Type A Business Support Agreement - MG 9 25 12 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 DATE: TO: FROM: October 4, 2012 Ronald L. Olson, City Manager Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Approval of Master Agreements: Job Order Contracting (JOC) RFP No. 2012 -02 Barcom Commercial, Inc. CAS Companies, LP CAPTION: Motion authorizing the City Manager or designee to execute a Master Agreement for Job Order Contracting (JOC) with Barcom Commercial, Inc. for a two -year term with option to renew administratively for up to three one -year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00; authorizing the City Manager or designee to execute a Master Agreement for Job Order Contracting (JOC) with CAS Companies, LP for a two -year term with option to renew administratively for up to three one -year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00. PURPOSE: To obtain authority to award and execute two Job Order Contract Master Agreements for minor construction services and repair of city facilities on an as- needed basis. BACKGROUND AND FINDINGS: On June 11, 2012 Engineering Services issued a Request for Proposals for Job Order Contracting (JOC) Services (RFP No. 2012 -02). The five respondents to the RFP were Barcom Commercial, CAS Companies, LP, Cubit Contracting, Robles Service Group, and SafeNet Services, LLC. A staff panel evaluated each proposal based on the following criteria: A. Experience, Background, Qualifications (40 %) B. Proposal Plan (20 %) C. Price (proposed coefficients) (20 %) D. Local Business /Historically Underutilized Enterprise Participation Program (20 %) The panel selected Barcom Commercial and CAS Companies, LP as the most highly qualified contractors with proposals that offered the best value to the City. The evaluation matrix is attached. HTT P:/ /LEG (STAR. GRAN I CUS. CO M /CO RPU SCH RI STI /ATTACH M ENTS /7BCAC240 -A2F6- 4656- B32D- F393C569B7CB. DOCX Comments: Award of the two proposed Job Order Contracting Master Agreements as proposed will allow the City to employ this alternative delivery method with either contractor for maximum efficiency. Benefits include: ➢ A better defined scope with cost for the customer. ➢ A more cost efficient and timely delivery of routine work. ➢ As each delivery order is a stand -alone contract, awarding a contractor future jobs can be based on the contractor's performance during the previous job. ➢ Change Orders are minimized. ALTERNATIVES: 1. Award a JOC Master Agreement to neither Barcom Commercial nor CAS Companies, LP. 2. Award a JOC Master Agreement to Barcom Commercial only. 3. Award a JOC Master Agreement to CAS Companies, LP only. OTHER CONSIDERATIONS: The JOC Program is a solution — a method for dealing with a certain volume of recurrent facilities work that demands rapid project deployment. The process and workflow of the JOC Program should be permitted to meet that demand. Acknowledging this, the Texas Legislature amended the Government Code to provide that, for Job Order Contracts, the governing body of governmental entity shall approve each job, task, or purchase order that exceeds $500,000. Tex. Gov't Code Sec. 2267.403(c). By approval of these JOC Master Agreements, Council is approving the job orders to be issued under them that do not exceed $500,000, based on the set coefficients and unit prices, for no guaranteed minimum, and for a maximum aggregate amount of $2,000,000 in any one year. For any job that will exceed $500,000, that "job order contract" will be brought to you for your consideration and approval. The approval recommended by staff is provided for under our Government Code and will allow the JOC Program to function without interjecting further administrative requirements that would defeat its very purpose. CONFORMITY TO CITY POLICY: Conforms to city policy relating to RFP's and competitive sealed proposals, Chapter 2267 of the Texas Government Code relating to Job Order Contracts, and Section 2, Article X, City Charter related to contracts. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. HTT P:/ /LEG (STAR. GRAN I CUS. CO M /CO RPU SCH RI STI /ATTACH M ENTS /7BCAC240 -A2F6- 4656- B32D- F393C569B7CB. DOCX FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable FISCAL YEAR 2012 -2013 Project to Date Expenditures (CIP Only) Current Year Future Years TOTALS Line Item Budget Encumbered /Expended Amt. This item Future Expenditures BALANCE FUNDS: Not applicable. RECOMMENDATION: City staff recommends a JOC Master Agreement be awarded to Barcom Commercial and to CAS Companies, LP, for a two -year term with option to renew administratively for up to three one -year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Master Agreement — Barcom Commercial, Inc. Master Agreement — CAS Companies, LP HTT P:/ /LEG (STAR. GRAN I CUS. CO M /CO RPU SCH RI STI /ATTACH M ENTS /7BCAC240 -A2F6- 4656- B32D- F393C569B7CB. DOCX GENERAL CONTRACTOR JOB ORDER CONTRACT (JOC) 0 1- z w 2 2 0 0 .- ,r e, ..r, c4 w < I- Z F Z < 0 5 co ,r co ,r Lo ,r co r- ,r co ,r c4 co o co 1 -20 pts. Local and HUB. Local business or presence (12 pts). Sub - contracting plan and utilization of Minority, MBEs & HUB's (8 pts). ka .v. ;.... .4 . IA A 4 ° P,/.6 .4 .'1-i/i.i. 8 Ol/i4 4 Si ° il i,i 0 Nii 0 r104 i,i Ills 0 1 -20 pts. Price. Coefficients per price schedule plan. 000 41 `.. „ E , i• ,a I0 E o - E ,i , E ,o ,,.. .., 0 ."-...0,1 E ;.o d 0. E I0 - E o 0 ,, o 0 54.1A. 4 E 2 ,0 , IS 0 1 -20 pts. Proposed Plan. Contractor's and Sub - Contractor's approach to project; methodology and software, operational plan, job order management plan, project mgt plan, sub - contractor mgt plan, QA and safety plan, and training plan. g „,9 #54, Ts E S4 a a,, , .t.. = S4 E5- 2 s 0 , E E 0 A E o 0 E E , :,..., o f...; 0 . 0 . , EE -°,0° E „,;4„ o ,,•!,:y 0 .' ' ,, ti.‘ 0 E o 0 u -00 0 '004. E ,,i1;.., E ,,,,p, o St 0 ° E .; fig 0 1 -40 pts. Qualifications and Experience. Contractor's and Sub - Contractor's relevant experience under Job Order Contracting and projects, specific experience with public entities, resources, professional qualifications, certifications, safety record, and field representative with minimum of 5 years relevant experience. LU `8 c 0,..2 47, ia.., 2 'cii o 79 0 g , g o 2 . 2 o c '..6_ , (5 . mg 0) o ,D eg>, o E 40 ',Id :V?: a.) E E o 0 ',A 4::: a) - E E 40 • • • ,,,,., •,!;:,, a) M. E ,t," E 40 0 ::: - ° .k... t, a) E E o 0 ;•!•7”; t, 4.::: ..!„ o $11 0 0 E E it CAS, COMPANIES ROBLES SERVICE GROUP SAFENET SERVICES, LLC CUBIT CONTRACTING BARCOM COMMERCIAL JOB ORDER CONTRACT MASTER AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this the day of 2012, by and between the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation located in the County of Nueces, State of Texas, acting through its duly authorized City Manager or designee, termed in the Contract Documents as "City," and Barcom Commercial, Inc., a Corporation termed in the Contract Documents as — "Contractor," upon these terms, performable in Nueces County, Texas: r" ri WHEREAS, the City's Department of Engineering Services issued a Request For Proposals (RFP) No. 2012 -02 — Agreement for Job Order Contracting (JOC), for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities (the "RFP ") to provide Job Order Contracting Services on an on -call or as- needed basis, through individually priced job orders or job order contracts (Job Orders or JOCs) for the maintenance, repair, alteration, renovation, remediation, or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the and was selected for recommendation for award; and WHEREAS, the Corpus Christi City Council authorized award Agreement (the "Agreement ") to Contractor on day of WHEREAS, the parties desire to enter into a Job Order Contract set the terms and conditions the parties must follow, NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Terms. RFP (the "Proposal ") of this JOC Master , 2012; and Master Agreement to a. Agreement. This Agreement consists of the Contract Documents, the RFP No. 2012 -02, Contractor's Proposal submitted in response to RFP No. 2012 -02, and this Job Order Contract Master Agreement, including all attachments and exhibits (collectively, the "Agreement "), which provides terms and conditions with which the parties agree to comply for any "Job Order Task" or "Job Order Contract" (JOC) executed between the parties under the Department of Engineering's JOC Program. b. Job Order Contract Master Agreement/ (the "JOC Master Agreement" or the "Agreement ") refers to this Agreement, a competitively awarded master agreement with an undefined Statement of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on -call or as needed basis, through individually priced job orders or job order contracts (JOC). The JOC Master Agreement may support a broad assortment of facilities construction Page 1 of 12 Rev. Jun -2010 work. In this Agreement, the JOC Master Agreement may also be referred to as the Agreement for Job Order Contracting, the JOC Agreement, or the Agreement. c. Job Order or Job Order Contract (JOC) as referred to in this Agreement is an individually priced job or task order, based on the Contractor's previously proposed coefficient(s) and a definitive SOW. Individual job orders are firm fixed price upon issuance. The term "job order" or "job order contract" refers to an individually priced job order based on pre - established unit prices applied to estimated quantities for a fixed lump sum price or a unit price order based on the quantities and line items delivered. In this Agreement, Job Order Contract (JOC) may also be referred to as Job Order, Job Order Task, or Task Order. d. Contract Documents. The Contract Documents for each JOC will include this Agreement, the bid proposal and instructions, the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, any Performance and Payment bonds, addenda, the Contractor's Proposal to RFP No. 2012 -02, the JOC Master Agreement, and related documents which shall be made a part of each JOC, all of which will constitute the contract for each project or JOC. 2. General Scope of JOC. a. The City has awarded or will award one or more JOC Master Agreements or JOC Agreements. The type of work to be supported is for the maintenance, repair, alteration, renovation, remediation, or construction of facilities. The work is of a recurring nature but the delivery times are quantities are indefinite. b. JOCs apply to facilities work. The JOC Master Agreement and any individual JOC applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The JOC does not apply to a highway, road, street, bridge, utility, wharf, dock, airport runway or taxiway, drainage, or related type of project associated with civil engineering construction. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation, or alteration services, including but not limited to services for construction in three (3) areas: general mechanical /electrical /plumbing (MEP); and roofing. c. Minor construction may include new office construction (as well as demolition) to completing a new floor plan, etc. d. Repair is defined as work that involves the reparation of a broken system, component, or sub - component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock, and /or air conditioning systems, etc. Page 2 of 12 Rev. Jun -2010 e. Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 3. Scope and Duty of Contractor. a. For each JOC, the Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's bid proposal and as provided under the JOC. b. Contractor shall supply at its expense such materials, services, labor and insurance as required by the Contract Documents, including overseeing the entire job. c. Contractor shall be responsible for providing all labor, material, tools, instruments, supplies, equipment, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals, and quality control necessary to complete work for the minor construction, repair, rehabilitation and alteration of city facilities. 4. Time Limit for Bid Proposals Requested. There will be limited time from the time the City first contacts the Contractor and "assigns" the project to the time the City issues an authorization to begin work. The Contractor shall submit its Proposal as soon as possible, but not later than ten (10) calendar days after the City's request for that the Contractor investigate, plan, and submit an estimate and schedule (a proposal) for a given job order. Failure to comply with the Time Limit for Bid Proposals Requested is a breach of contract, under both this Agreement and under each JOC executed pursuant to the this Agreement. 5. Contractual unit prices. The City establishes contractual unit prices for job order contracts by specifying the R.S. Means Cost Data Books and certain applicable divisions or line items listed and more fully described in Section III.A of the RFP. 6. Coefficients or multipliers. The Contractor's proposed two (2) coefficients or multipliers are to be applied to the price book or prepriced work items as the price proposal. Coefficients or multipliers are more fully described in Section III.A of the RFP. 7. Compensation to Contractor. City shall pay Contractor in current funds for performance of each Job Order Contract in accordance with both this Agreement and the JOC, as the work progresses. 8. Maximum aggregate price. The maximum aggregate price for work over any one year of this Agreement's term is two million dollars. Page 3 of 12 Rev. Jun -2010 9. No guaranteed minimum. This JOC Master Agreement provides for no guaranteed minimum amount of job orders, no amount of work, and no dollar amount. Term. The Term of this Agreement is for a base term of two (2) years with the option to renew annually on an administrative basis for not more than three (3) additional years. The City Manager or designee (Director of Engineering Services) shall have the option to renew the agreement annually for not more than three additional years. The option to renew will be exercised administratively. 10. Performance and payment bonds required. The Contractor shall provide performance and payment bonds (1) if required by law, based on the amount or estimated amount of any job order; or (2) if otherwise required by the City regardless of the estimated amount of a job order. At a minimum, the JOC Contractor will be required to provide a payment bond on all job orders that exceed $25,000 and a performance bond on all job orders that exceed $100,000. 11. JOC Specific Requirements. a. With the exception of emergencies, any work required by the City shall be ordered through the issuance of a formal written Job Order Contract or JOC containing the approved Job Order Proposal along with a City Issued Purchase Order. b. Job Order Proposals are to be submitted to the City at no additional cost. The RFP resulted in multiple awards for multiple JOC Agreements, and the City may elect, at its own discretion, to solicit JOC Proposals from one or more of the awarded JOC Contractors depending upon the estimated value and /or complexity of the proposed project. Determination to solicit multiple proposals or from only one awarded JOC Contractor shall be on a case by case basis, as deemed in the best interest of the City. c. Upon review of the Job Order Proposal(s), the City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the awarded contractors for the preparation and submission of a Job Order Proposal regardless of project outcome. d. In the event that design services, construction drawings and /or plans are required, the City shall obtain these services from city resources or from a third - party consultant. The Contractor will not be permitted to contract with or hire consultants. e. The Unit Price Book(s) shall serve as a basis for establishing the value of work to be performed. The Contractor's Job Order Proposal shall be submitted to the City as negotiated under this JOC Master Agreement, as submitted in accordance with the Contractor's Proposal, Exhibit E. Page 4 of 12 Rev. Jun -2010 12. Scheduling of Work a. The first day of performance shall be the effective date specified in the Job Order Contract. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Purchase order shall be at the Contractor's risk and expense. b. The Contractor shall meticulously prosecute the Work to completion with the time set forth in the Job Order. c. The period of performance shall include allowance for mobilization; holidays; weekend days; inclement weather; cleanup and project acceptance procedures. d. When the Contractor considers the Work to be complete and ready for its intended use, the Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The contractor shall proceed promptly to complete or correct items listed. e. Contractor shall endure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. f. The Contractor shall be responsible for removing furniture and /or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate locations(s) for placement. g. The Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private of public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. The Contractor shall also be responsible for providing all necessary traffic control, to include but not limited to street blockages, traffic cones, flagmen, etc., as required for each Job Order. Proposed traffic control methods must be submitted to the City for approval prior to the commencement of work. h. The Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. The Contractor shall allow authorized City personnel to inspect and audit any books, documents, papers, data and records relating to performance throughout the term of said JOC Agreement. The City reserves the right to audit and /or examine such records at any time during the progress of this Agreement and shall withhold payment if such documentation is found by the City to be incomplete or erroneous. Page 5 of 12 Rev. Jun -2010 Fin 13. Contractor's Project General Manager. The Contractor's Project General Manager shall be knowledgeable in multiple disciplines including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 14. Safety Plan. The Contractor may be required to submit to the City for approval, a Safety Plan within fifteen (15) calendar days after Award of Agreement. Said plan must address all aspects of the Contractor's safety procedures including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. 15. Warranty of Construction. The Contractor shall warrant that work performed conforms to the Job Order requirements and is free of any defect in equipment, material or design furnished, or workmanship performed by the contractor of any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one (1) year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. 16. Training. Upon execution of this Agreement, the Contractor shall make arrangements and provisions to conduct a minimum of two (2) training classes for City staff to include but not limited to the JOC Process, explanation and use of the specific R.S. Means Cost Data Book, Cost Index, and the Unit Price Book, at no additional cost to the City. 17. "Green Building" Program." In an effort to conserve resources as well as preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building ", also known as a high performance building, shall include a structure or facility that is designed, build, renovated, and operated in a resource- efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources, and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building" policy may include the following: a. All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. b. The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388. Section 388.005 of the Texas Health and Safety Code, which states that certain political subdivisions should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its facilities of five (5 %) percent each year for five years, and (c) annually report to Page 6 of 12 Rev. Jun -2010 State Energy Conservation Office (SECO) its efforts and progress in reduction of electricity. c. City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renew- able materials, water conservation, air flow, and site location. This program shall also describe the target buildings, exemptions, and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA "2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. d. All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices, as reasonably possible. 18. Worker's Compensation Coverage. Texas law requires that contractors, subcontractors and others must be covered under Worker's Compensation insurance, authorized self - insurance or a worker's compensation coverage agreement. Throughout this Agreement such coverage must be provided. Contractor shall comply with the Insurance Requirements for Worker's Compensation Coverage as described and shown in the Notice to Contractors Attachment J. 19. Insurance. Contractor shall comply with the Insurance Requirements as described and shown in Attachment F. 20. Indemnification. Contractor shall fully indemnify and save harmless the City of Corpus Christi, its officers, agents and employees, as required in Attachment G. 21. Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any JOC executed pursuant to this Agreement is, (are) and shall be deemed to be independent contractor(s), responsible for its (their) respective acts or omissions, and that City shall in no way be responsible for Contractor's actions, and that none of the parties hereto will have authority to bind the others or to hold out to third parties, that is has such authority. 22. Goveming Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas, and venue of any litigation hereunder shall be in a court of competent jurisdiction sitting in Nueces County, Texas. Page 7 of 12 Rev. Jun -2010 23. Survivability. The unenforceability, invalidity or illegality of any provisions of this Agreement shall not render the other provisions unenforceable, invalid or illegal, but the parties shall negotiate as to the effect of said unenforceability, invalidity or illegality on the rights and obligations of the parties. 24. Captions. The captions, titles and headings in this Agreement are merely for the convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 25. Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: for legal notices send to: City of Corpus Christi Veronica Ocanas, Assistant City Attorney City Attorney's Office P.O. Box 9277 Corpus Christi, TX 78469-9277 Tel: 361-826-3375 Fax: 361-826-3239 for any Questions regarding the administration and management of this agreement send to: Graziella Mesa Project Manager Department of Engineering Services 1201 Leopard St. Corpus Christi, TX 78401 Tel: 361-826-3550 Fax: 361-826-3501 Email: graziellam@cctexas.com CONTRACTOR: 13,1 Name: E 16i n - f r rot PA JA Address: 5 j, )ii Lcr Z, n r I t f7S" la i000 Fax: - c;"?.,.9') „ Page 8 of 12 Rev. Jun-2010 26. TABLE RE DIVISION 01 DIVISION 01 01 11 31 Professional Consultants 01 11 31.10 01 11 31.30 ONLY ALLOWABLE AS REQUIRED BY STATEMENT OF WORK IF PERMITTED BY LAW 01 11 31.20 01 11 31.50 01 11 31.75 NOT AUTHORIZED 02 21 16 CONTINGENCY ALLOWANCE 01 21 16.50 NOT AUTHORIZED 01 21 55 JOB CONDITION ALLOWANCE 01 21 55.50 NOT AUTHORIZED 02 21 57 OVERTIME ALLOWANCE 01 21 57.50 ONLY ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 21 61 COST INDEX 01 21 61.10 01 21 61.30 01 21 61.50 AVERAGE 01 21 63 TAXES 01 21 63.10 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 31 13 PROJECT COORDINATION 01 31 13.20 01 31.13.30 01 31.13.40 01 31 13.60 01 31 13.80 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 31 13.50 NO AUTHORIZATION 01 31 13.90 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 3213 SCHEDULING OF WORK 01 32 13.50 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 32 33 PHOTOGRAPHIC DOCUMENTATION 01 32 33.50 ROUTINE DOCUMENTATION FOR CONTRACTORS RECORDS, SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 41 26 PERMITS 01 41 26.50 ITEM 0020 WILL BE AUTHORIZED AS REQUIRED BY STATEMENT OF WORK Page 9 of 12 Rev. Jun-2010 01 45 23 TESTING AND INSPECTING SERVICES 01 45 23.50 ROUTINE TEST FOR CONTRACTORS RECORDS AND DOCUMENTATION SHALL BE WITHIN CONTRACTORS COEFFICIENT. ADDITIONAL TESTING REQUIRED BY THE CITY WILL BE BY A SEPARATE CITY CONTRACT 01 51 13 TEMPORARY UTILITIES 01 51 13.80 ALLOWAB LE AS REQUIRED BY STATEMENT OF WORK 01 5213 FIELD OFFICES AND SHEDS 01 51 13.20 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 51 13.40 NOT AUTHORIZED 01 54 09 PROTECTIVE EQUIPMENT 01 54 23.60 01 54 23.70 01 54 23.75 01 54 23.80 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 23 TEMPORARY SCAFFOLDING AND PLATFORMS 01 54 23.60 01 54 23.70 01 54 23.75 01 54 23.80 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 26 TEMPORARY SWING STAGING 01 54 26.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 36 EQUIPMENT MOBILIZATION 01 54 36.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 39 CONSTRUCTION EQUIPMENT 01 54 39.70 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 55 23 TEMPORARY ROADS 01 55 23.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 5613 TEMPORARY AIR BARRIERS 01 56 13.60 01 56 13.90 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 56 23 TEMPORARY BARRICADES 01 56 23.10 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 56 26 TEMPORARY FENCING 01 56 26.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 56 29 TEMPORARY PROTECTIVE WALKWAYS 01 56 29.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 5813 TEMPORARY PROJECT SIGNGAGE 01 58 13.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 71 23 FIELD ENGINEERING 01 71 23.13 01 71 23.19 ONLY ALLOWABLE AS REQUIRED BY STATEMENT OF WORK, IF PERMITTED BY LAW Page 10 of 12 Rev. Jun -2010 01 74 13 PROGRESS CLEANING 01 74 13.20 019113 CONiI1111SSIONING Contract ContacUProject Manager. for any questions regarding of this agreement send to: Graziella Mesa Project Manager Department of Engineering Services 1201 Leopard St. Corpus Christi, TX 78401 Tel: 361- 826 -3550 Fax 361 - 826 -3501 Email: graziellam@cctexas.com CONTRACTOR: Name: Title: Address: the Tel: Fax: i j/7 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK ALLOWABLE AS REQUIRED BY STATEMENT OF WORK administration and manage, ent ATTACHMENTS to JOC MASTER AGREE and to RFP No. 2012-02 Agreement for Job Order Contracting for Minor Construction, Repair, Rehabilitation, and TABLE OF CONTENTS era ENT on of Facil Facilities ATTACHMENTS Contractor's Completed Questionnaire Contractor's Completed and Signed Disclosure of Interest Form Contractor's Completed Litigation Disclosure Form e.. Contractor's Completed Minority/Minority Business Enterprise Cont ractor's Completed Pricing Schedule Form INSURANCE REQUIREMENTS Page 11 of 12 Rev, Jun-2010 RFP Attachment A RFP Attachment B RFP Attachment C RFP Attachment D RFP Attachment E RFP Attachment F INDEMNIFICATION RE Contractor's Com UIREMENTS RFP Attachment G leted S' nature Pa me RFP Attachment H Contractor's Co feted Pro osal Checklist WORKER'S COMPENSATION COVERAGE ADDENDUM TO SPECIAL AND GENERAL PROVISIONS SPECIAL PROVISIONS GENERAL PROVISIONS RFP Attachment I RFP Attachment J RFP Attachrnent K RFP Attachment RFP Attachment M Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST City Secretary APPROVED AS TO LEGAL FORM By: Asst. J ity Attorney ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Director of Engineering Services CONTRACTOR Barcorn Commercial, Inc. By CIA-ti Title: 5826 Bear Lane Corpus Christi, TX 78405 (361) 851-1000 Office (361) 851-1717 Fax Page 12 of 12 Rev. Jun-2010 r JOB ORDER CONTRACT MASTER AGREEMENT THE STATE OF TEXAS § § COUNTY OF NUECES § THIS AGREEMENT is entered into this the day of , 2012, by and between the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation located in the County of Nueces, State of Texas, acting through its duly authorized City Manager or designee, termed in the Contract Documents as "City," and CAS Companies. LP, a Partnership termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: WHEREAS, the City's Department of Engineering Services issued a Request For Proposals (RFP) No. 2012 -02 — Agreement for Job Order Contracting (JOC), for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities (the "RFP ") to provide Job Order Contracting Services on an on -call or as- needed basis, through individually priced job orders or job order contracts (Job Orders or JOCs) for the maintenance, repair, alteration, renovation, remediation, or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the and was selected for recommendation for award; and WHEREAS, the Corpus Christi City Council authorized award Agreement (the "Agreement ") to Contractor on day of WHEREAS, the parties desire to enter into a Job Order Contract set the terms and conditions the parties must follow, NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Terms. RFP (the "Proposal ") of this JOC Master , 2012; and Master Agreement to a. Agreement. This Agreement consists of the Contract Documents, the RFP No. 2012 -02, Contractor's Proposal submitted in response to RFP No. 2012 -02, and this Job Order Contract Master Agreement, including all attachments and exhibits (collectively, the "Agreement "), which provides terms and conditions with which the parties agree to comply for any "Job Order Task" or "Job Order Contract" (JOC) executed between the parties under the Department of Engineering's JOC Program. b. Job Order Contract Master Agreement/ (the "JOC Master Agreement" or the "Agreement") refers to this Agreement, a competitively awarded master agreement with an undefined Statement of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on -call or as needed basis, through individually priced job orders or job order contracts (JOC). The JOC Master Agreement may support a broad assortment of facilities construction Page 1 of 12 Rev. Jun -2010 work. In this Agreement, the JOC Master Agreement may also be referred to as the Agreement for Job Order Contracting, the JOC Agreement, or the Agreement. c. Job Order or Job Order Contract (JOC) as referred to in this Agreement is an individually priced job or task order, based on the Contractor's previously proposed coefficient(s) and a definitive SOW. Individual job orders are firm fixed price upon issuance. The term "job order" or "job order contract" refers to an individually priced job order based on pre - established unit prices applied to estimated quantities for a fixed lump sum price or a unit price order based on the quantities and line items delivered. In this Agreement, Job Order Contract (JOC) may also be referred to as Job Order, Job Order Task, or Task Order. d. Contract Documents. The Contract Documents for each JOC will include this Agreement, the bid proposal and instructions, the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, any Performance and Payment bonds, addenda, the Contractor's Proposal to RFP No. 2012 -02, the JOC Master Agreement, and related documents which shall be made a part of each JOC, all of which will constitute the contract for each project or JOC. 2. General Scope of JOC. a. The City has awarded or will award one or more JOC Master Agreements or JOC Agreements. The type of work to be supported is for the maintenance, repair, alteration, renovation, remediation, or construction of facilities. The work is of a recurring nature but the delivery times are quantities are indefinite. b. JOCs apply to facilities work. The JOC Master Agreement and any individual JOC applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The JOC does not apply to a highway, road, street, bridge, utility, wharf, dock, airport runway or taxiway, drainage, or related type of project associated with civil engineering construction. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation, or alteration services, including but not limited to services for construction in three (3) areas: general mechanical /electrical /plumbing (MEP); and roofing. c. Minor construction may include new office construction (as well as demolition) to completing a new floor plan, etc. d. Repair is defined as work that involves the reparation of a broken system, component, or sub - component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock, and /or air conditioning systems, etc. Page 2 of 12 Rev. Jun -2010 e. Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 3. Scope and Duty of Contractor. a. For each JOC, the Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's bid proposal and as provided under the JOC. b. Contractor shall supply at its expense such materials, services, labor and insurance as required by the Contract Documents, including overseeing the entire job. c. Contractor shall be responsible for providing all labor, material, tools, instruments, supplies, equipment, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals, and quality control necessary to complete work for the minor construction, repair, rehabilitation and alteration of city facilities. 4. Time Limit for Bid Proposals Requested. There will be limited time from the time the City first contacts the Contractor and "assigns" the project to the time the City issues an authorization to begin work. The Contractor shall submit its Proposal as soon as possible, but not later than ten (10) calendar days after the City's request for that the Contractor investigate, plan, and submit an estimate and schedule (a proposal) for a given job order. Failure to comply with the Time Limit for Bid Proposals Requested is a breach of contract, under both this Agreement and under each JOC executed pursuant to the this Agreement. 5. Contractual unit prices. The City establishes contractual unit prices for job order contracts by specifying the R.S. Means Cost Data Books and certain applicable divisions or line items listed and more fully described in Section III.A of the RFP. 6. Coefficients or multipliers. The Contractor's proposed two (2) coefficients or multipliers are to be applied to the price book or prepriced work items as the price proposal. Coefficients or multipliers are more fully described in Section III.A of the RFP. 7. Compensation to Contractor. City shall pay Contractor in current funds for performance of each Job Order Contract in accordance with both this Agreement and the JOC, as the work progresses. 8. Maximum aggregate price. The maximum aggregate price for work over any one year of this Agreement's term is two million dollars. Page 3 of 12 Rev. Jun -2010 9. No guaranteed minimum. This JOC Master Agreement provides for no guaranteed minimum amount of job orders, no amount of work, and no dollar amount. Term. The Term of this Agreement is for a base term of two (2) years with the option to renew annually on an administrative basis for not more than three (3) additional years. The City Manager or designee (Director of Engineering Services) shall have the option to renew the agreement annually for not more than three additional years. The option to renew will be exercised administratively. rei 10. Performance and payment bonds required. The Contractor shall provide 1 performance and payment bonds (1) if required by law, based on the amount or estimated amount of any job order; or (2) if otherwise required by the City regardless of the estimated amount of a job order. At a minimum, the JOC Contractor will be required to provide a payment bond on all job orders that exceed $25,000 and a performance bond on all job orders that exceed $100,000. r in l 11. JOC Specific Requirements. a. With the exception of emergencies, any work required by the City shall be ordered through the issuance of a formal written Job Order Contract or JOC containing the approved Job Order Proposal along with a City Issued Purchase Order. b. Job Order Proposals are to be submitted to the City at no additional cost. The RFP resulted in multiple awards for multiple JOC Agreements, and the City may elect, at its own discretion, to solicit JOC Proposals from one or more of the awarded JOC Contractors depending upon the estimated value and /or complexity of the proposed project. Determination to solicit multiple proposals or from only one awarded JOC Contractor shall be on a case by case basis, as deemed in the best interest of the City. c. Upon review of the Job Order Proposal(s), the City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the awarded contractors for the preparation and submission of a Job Order Proposal regardless of project outcome. d. In the event that design services, construction drawings and /or plans are required, the City shall obtain these services from city resources or from a third - party consultant. The Contractor will not be permitted to contract with or hire consultants. e. The Unit Price Book(s) shall serve as a basis for establishing the value of work to be performed. The Contractor's Job Order Proposal shall be submitted to the City as negotiated under this JOC Master Agreement, as submitted in accordance with the Contractor's Proposal, Exhibit E. Page 4 of 12 Rev. Jun -2010 12. Scheduling of Work a. The first day of performance shall be the effective date specified in the Job Order Contract. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Purchase order shall be at the Contractor's risk and expense. b. The Contractor shall meticulously prosecute the Work to completion with the time set forth in the Job Order. c. The period of performance shall include allowance for mobilization; holidays; weekend days; inclement weather; cleanup and project acceptance procedures. 7 d. When the Contractor considers the Work to be complete and ready for its intended use, the Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The contractor shall proceed promptly to complete or correct items listed. r e. Contractor shall endure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. f. The Contractor shall be responsible for removing furniture and /or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate locations(s) for placement. g. The Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private of public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. The Contractor shall also be responsible for providing all necessary traffic control, to include but not limited to street blockages, traffic cones, flagmen, etc., as required for each Job Order. Proposed traffic control methods must be submitted to the City for approval prior to the commencement of work. h. The Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. i. The Contractor shall allow authorized City personnel to inspect and audit any books, documents, papers, data and records relating to performance throughout the term of said JOC Agreement. The City reserves the right to audit and /or examine such records at any time during the progress of this Agreement and shall withhold payment if such documentation is found by the City to be incomplete or erroneous. Page 5 of 12 Rev. Jun -2010 13. Contractor's Project General Manager. The Contractor's Project General Manager shall be knowledgeable in multiple disciplines including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 14. Safety Plan. The Contractor may be required to submit to the City for approval, a Safety Plan within fifteen (15) calendar days after Award of Agreement. Said plan must address all aspects of the Contractor's safety procedures including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. 15. Warranty of Construction. The Contractor shall warrant that work performed conforms to the Job Order requirements and is free of any defect in equipment, material or design furnished, or workmanship performed by the contractor of any of its subcontractors or suppliers at any tier. All work provided by the Contractor 7 shall be warranted for a minimum period of one (1) year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. r 7 7 16. Training. Upon execution of this Agreement, the Contractor shall make arrangements and provisions to conduct a minimum of two (2) training classes for City staff to include but not limited to the JOC Process, explanation and use of the specific R.S. Means Cost Data Book, Cost Index, and the Unit Price Book, at no additional cost to the City. 17. "Green Building" Program." In an effort to conserve resources as well as preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building ", also known as a high performance building, shall include a structure or facility that is designed, build, renovated, and operated in a resource - efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources, and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building" policy may include the following: a. All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. b. The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388. Section 388.005 of the Texas Health and Safety Code, which states that certain political subdivisions should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its facilities of five (5 %) percent each year for five years, and (c) annually report to Page 6 of 12 Rev. Jun -2010 State Energy Conservation Office (SECO) its efforts and progress in reduction of electricity. c. City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renew- able materials, water conservation, air flow, and site location. This program shall also describe the target buildings, exemptions, and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA "2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. d. All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices, as reasonably possible. 18. Worker's Compensation Coverage. Texas law requires that contractors, subcontractors and others must be covered under Worker's Compensation insurance, authorized self - insurance or a worker's compensation coverage agreement. Throughout this Agreement such coverage must be provided. Contractor shall comply with the Insurance Requirements for Worker's Compensation Coverage as described and shown in the Notice to Contractors Attachment J. 19. Insurance. Contractor shall comply with the Insurance Requirements as described and shown in Attachment F. 20. Indemnification. Contractor shall fully indemnify and save harmless the City of Corpus Christi, its officers, agents and employees, as required in Attachment G. 21. Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any JOC executed pursuant to this Agreement is, (are) and shall be deemed to be independent contractor(s), responsible for its (their) respective acts or omissions, and that City shall in no way be responsible for Contractor's actions, and that none of the parties hereto will have authority to bind the others or to hold out to third parties, that is has such authority. 22. Governing Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas, and venue of any litigation hereunder shall be in a court of competent jurisdiction sitting in Nueces County, Texas. Page 7of12 Rev. Jun -2010 23. Survivability. The unenforceability, invalidity or illegality of any provisions of this Agreement shall not render the other provisions unenforceable, invalid or illegal, but the parties shall negotiate as to the effect of said unenforceability, invalidity or illegality on the rights and obligations of the parties. 24. Captions. The captions, titles and headings in this Agreement are merely for the convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 25. Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: for legal notices send to: City of Corpus Christi Veronica Ocanas, Assistant City Attorney City Attorney's Office P.O. Box 9277 Corpus Christi, TX 78469 -9277 Tel: 361- 826 -3375 Fax: 361 - 826 -3239 for any questions reaardina the administration and management of this agreement send to: Graziella Mesa Project Manager Department of Engineering Services 1201 Leopard St. Corpus Christi, TX 78401 Tel: 361- 826 -3550 Fax: 361 - 826 -3501 Email: graziellam @cctexas.com CONTRAC5OR: Name: (f y 'w�.�'`a�u''~ kitattgil (RQQ- Bac4Linl Title: p Address: 130 to rivi 109a , S' . 36 4 McsSe e I -m ga459 Tel: (i4 444- Fax: (-Si) 49q - tot/53 Page 8 of 12 Rev. Jun -2010 r r� Tri Trl 7 26. TABLE RE DIVISION 01 DIVISION 01 01 11 31 Professional Consultants 01 11 31.10 01 11 31.30 ONLY ALLOWABLE AS REQUIRED BY STATEMENT OF WORK IF PERMITTED BY LAW 01 01 01 11 31.20 11 31.50 11 31.75 NOT AUTHORIZED 02 21 16 CONTINGENCY ALLOWANCE 01 21 16.50 NOT AUTHORIZED 01 21 55 JOB CONDITION ALLOWANCE 01 21 55.50 NOT AUTHORIZED 02 21 57 OVERTIME ALLOWANCE 01 21 57.50 ONLY ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 21 61 COST INDEX 01 21 61.10 01 21 61.30 01 21 61.50 AVERAGE 01 21 63 TAXES 01 21 63.10 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 31 13 PROJECT COORDINATION 01 31 13.20 01 31.13.30 01 31.13.40 01 31 13.60 01 31 13.80 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 31 13.50 NO AUTHORIZATION 01 31 13.90 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 3213 SCHEDULING OF WORK 01 32 13.50 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 32 33 PHOTOGRAPHIC DOCUMENTATION 01 32 33.50 ROUTINE DOCUMENTATION FOR CONTRACTORS RECORDS, SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 41 26 PERMITS 01 41 26.50 ITEM 0020 WILL BE AUTHORIZED AS REQUIRED BY STATEMENT OF WORK Page 9 of 12 Rev. Jun -2010 01 45 23 TESTING AND INSPECTING SERVICES 01 45 23.50 ROUTINE TEST FOR CONTRACTORS RECORDS AND DOCUMENTATION SHALL BE WITHIN CONTRACTORS COEFFICIENT. ADDITIONAL TESTING REQUIRED BY THE CITY WILL BE BY A SEPARATE CITY CONTRACT 01 51 13 TEMPORARY UTILITIES 01 51 13.80 ALLOWAB LE AS REQUIRED BY STATEMENT OF WORK 01 5213 FIELD OFFICES AND SHEDS 01 51 13.20 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 51 13.40 NOT AUTHORIZED 01 54 09 PROTECTIVE EQUIPMENT 01 54 23.60 01 54 23.70 01 54 23.75 01 54 23.80 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 23 TEMPORARY SCAFFOLDING AND PLATFORMS 01 54 23.60 01 54 23.70 01 54 23.75 01 54 23.80 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 26 TEMPORARY SWING STAGING 01 54 26.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 36 EQUIPMENT MOBILIZATION 01 54 36.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 54 39 CONSTRUCTION EQUIPMENT 01 54 39.70 SHALL BE INCLUDED WITHIN CONTRACTORS COEFFICIENT 01 55 23 TEMPORARY ROADS 01 55 23.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 5613 TEMPORARY AIR BARRIERS 01 56 13.60 01 56 13.90 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 56 23 TEMPORARY BARRICADES 01 56 23.10 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 56 26 TEMPORARY FENCING 01 56 26.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 56 29 TEMPORARY PROTECTIVE WALKWAYS 01 56 29.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 5813 TEMPORARY PROJECT SIGNGAGE 01 58 13.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 71 23 FIELD ENGINEERING 01 71 23.13 01 71 23.19 ONLY ALLOWABLE AS REQUIRED BY STATEMENT OF WORK, IF PERMITTED BY LAW Page 10 of 12 Rev. Jun -2010 01 7413 PROGRESS CLEANING 01 74 13.20 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK 01 91 13 COMMISSIONING Contractor's Completed and Signed Disclosure of Interest Form 01 91 13.50 ALLOWABLE AS REQUIRED BY STATEMENT OF WORK Contract Contact/Project Manager. for any questions regarding the administration and management of this agreement send to: Graziella Mesa Project Manager Department of Engineering Services 1201 Leopard St. Corpus Christi, TX 78401 Tel: 361- 826 -3550 Fax: 361 -826 -3501 Email: graziellam @cctexas.com CONTRACTOR: Name: /U z w�..`.- -�-- kriTge01 GIR? 130wL114 Title: PitkiliER Address: 13N0 ?Ni 1D9a Sqe. 3b4 Missouri Ohl, I X -4q459 T e l : (461),419- 4q4 - Fax: 81 499 - w,55 ATTACHMENTS to JOC MASTER AGREEMENT and to RFP No. 2012 -02 Agreement for Job Order Contracting for Minor Construction, Repair, Rehabilitation, and Alteration of Facilities TABLE OF CONTENTS ATTACHMENTS Contractor's Completed Questionnaire RFP Attachment A Contractor's Completed and Signed Disclosure of Interest Form RFP Attachment B Contractor's Completed Litigation Disclosure Form RFP Attachment C Contractor's Completed Minority /Minority Business Enterprise RFP Attachment D Contractor's Completed Pricing Schedule Form RFP Attachment E INSURANCE REQUIREMENTS RFP Attachment F Page 11 of 12 Rev. Jun-2010 INDEMNIFICATION REQUIREMENTS Contractor's Completed Signature Page Contractor's Completed Proposal Checklist WORKER'S COMPENSATION COVERAGE ADDENDUM TO SPECIAL AND GENERAL PROVISIONS SPECIAL PROVISIONS GENERAL PROVISIONS RFP Attachment G RFP Attachment H RFP Attachment I RFP Attachment J RFP Attachment K RFP Attachment L RFP Attachment M Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST City Secretary APPROVED AS TO LEG ° `' FORM By: Asst. City Attorney ATTEST: If Corporation (Seal Below) (Note: if Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Director of Engineering Services CONTRACTOR CAS Companies, LP By: Title: 4402 Congressional Corpus Christi, TX 78413 (361) 298 -0227 Office (361) 499 -6655 Fax Page 12 of 12 Rev. Jun -2010 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 DATE: October 23, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Certification of 2012 Tax Levy CAPTION: Motion approving the 2012 Property Tax Levy of $81,245,941.65 based on the adopted property tax rate of $0.570557 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. PURPOSE: Approval of the certified tax levy by the governing body is required by the Texas Property Tax Code and is the last step in complying with the "Truth -in- Taxation" guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Property Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2012 that is based upon a property tax rate of $0.570557 per $100 valuation and a taxable value of $14,405,511,774 is as follows: Tax Levy $54,789,779.43 27,401,876.38 $82,191,655.81 279, 935.94 (1,225,650.10) $81,245,941.65 Component Supporting the City's maintenance and operations ($0.380339) Supporting the City's debt service ($0.190218) Add: Net Late Rendition Penalty — Personal Property Accounts Less: Over -65 /Disabled Homestead Frozen Levy Loss 2012 Ad Valorem Tax Levy As can be seen above, additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, the over -65 /disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year (FY) 2012 -2013 reflects the effect of the eighth year of implementation of the over -65 /disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: Fiscal Year Levy Loss FY 2012 -2013 $1,225,650 FY 2011 -2012 $ 1,508,251 FY 2010 -2011 $ 1,663,134 FY 2009 -2010 $ 1,740,803 FY 2008 -2009 $ 1,500,522 FY 2007 -2008 $ 1,210,235 FY 2006 -2007 $ 650,651 FY 2005 -2006 $ 396,701 It should also be noted that property taxes budgeted in the FY 2012 -2013 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $14,386,376,098 — made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $14,405,511,774 include 100% of the values of the properties not under protest and 100% (versus 85 %) of the properties under protest. This accounts for the $19,135,676 increase in assessed values certified by the Nueces County Tax Office. In the FY2012 -2013 budget adopted by the City Council on July 31, 2012, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment zone #2, and Reinvestment Zone #3) was $79,255,394. When comparing this figure to the certified ad valorem tax levy of $81,245,942, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2012 -2013 is 100 %, but a collection rate of 97.5% was used in the calculation of property tax revenue in the City's operating budget. By applying a 97.5% collection rate to the certified levy, the resulting "net" levy is calculated to be $79,214,793 — which is $40,601 within the ad valorem tax revenue budgeted in the FY 2012 -2013 budget of $79,255,394. Therefore, no budgetary adjustments for ad valorem tax revenue will be needed for FY 2012 -2013. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 79,255,394 $ - $ 79,255,394 Encumbered /Expended amount of (date) - - - - This item - $ - $ - $ - BALANCE - $ 79,255,394 $ - $ 79,255,394 FUND(S): 1020 "General Fund" $ 51,282,246 2010 "Debt Service Fund" $ 26,235,932 1111 "Reinvestment Zone #2" $ 1,668,193 1112 "Reinvestment Zone #3" $ 69,023 COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Tax Levy for the Tax Year 2012 Nueces County Courthouse 901 Leopard, Suite 301 Corpus Christi, TX 78401 Kevin Kieschnick Assessor and Collector of Taxes CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2012 CITY OF CORPUS CHRISTI Total Appraised Value @ 100% of Market Value $ 19,222,001,743 Less: Partial Exemptions Ag -Use account value loss and abatements $ 4,816,489,969 Total Net Appraised Value $14,405,511,774 Assessment Ratio 100% Total Taxable Value $14,405,511,774 2012 Adopted Tax Rate .570557 /$100 2012 Ad Valorem Tax Levy $ 82,191,655.81 Less: Over -65 /Disabled Homestead Frozen Levy Loss $ 1,225,650.10 Plus: Late Rendition Penalty - Personal Property Accounts $ 294,499.25 Less: 5% of Late Rendition Penalty to the Appraisal District $ 14,724.96 Plus: Late Ag Penalty $ 161.65 2012 Total Ad Valorem Tax Levy $ 81,245,941.65 Submission of the Tax Levy for 2012 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. Kevin Kieschnick Nueces County Tax Assessor - Collector SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas this 't day of October, A.D., 2012. SUZAN COX Notary Public, State of Texas My Commission Expires October 27, 2015 Notary Public, S'te of Texas THE STATE OF TEXAS COUNTY OF NUECES The Tax Levy is hereby approved by the City of Corpus Christi City Council on this day of , A.D., 2012 ATTEST: City Secretary, City of Corpus Christi Mayor, City of Corpus Chrsiti AcInrinistration (361) 888 -0307 (361) 888 -0308 For rnJO ation contact: Motor Vehicle Properly lux Voter Registration voice (361) 888 -0459 (361) 888 -0230 (361) 888 -0404 lax (361) 888 - 0482 (361) 888 -0218 (361) 888 -0339 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 23, 2012 Second Reading /Action Item for the City Council Meeting of October 30, 2012 DATE: September 28, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Development Services MarkVV @cctexas.com (361) 826-3246 UTILITY EASEMENT CLOSURE Abandoning and vacating the five -foot wide utility easement out of Portmoor Addition, Block 1, Lot 8. CAPTION: Ordinance abandoning and vacating the five -foot wide utility easement out of Portmoor Addition, Block 1, Lot 8; and requiring the owner, Bill Miller Bar B Q, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate the utility easement from the subject property to allow for construction of a CVS Pharmacy Store in the area where the easement is located. BACKGROUND AND FINDINGS: First Hartford Realty Corporation, acting as agent on behalf of Bill Miller Bar B Q ( "Owner "), is requesting the abandonment and vacation of the 5 -foot wide utility easement (252.93- square- feet) out of Portmoor Addition, Block 1, Lot 8. The property is located east of Port Avenue and north of Morgan Avenue. The abandonment and vacation of the utility easement is requested in order to accommodate the future development of the subject property. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12, because Owner will be replatting said property and upon replatting will be dedicating utility easements of equal or greater value to off -set the proposed abandonment and vacation of the easement. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject properties. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Sec. 49 -13. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within or objections to the proposed easement closure. 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): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owner must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49 -12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at Owner's expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected properties are located. c. Prior to the permitting of any construction on the affected properties, the Owner must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owner must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating the five -foot wide utility easement out of Portmoor Addition, Block 1, Lot 8; and requiring the owner, Bill Miller Bar B Q, to comply with the specified conditions. WHEREAS, First Hartford Realty Corporation, acting as agent on behalf of Bill Miller Bar B Q ( "Owner "), is requesting the abandonment and vacation of the five -foot wide utility easement out of Portmoor Addition, Block 1, Lot 8, located east of Port Avenue and north of Morgan Avenue, to accommodate the future development of the subject property; WHEREAS, with proper notice to the public, public hearings were held on Tuesday, October 23, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the 5 -foot wide utility easement out of Portmoor Addition, Block 1, Lot 8, subject to the provisions in this ordinance included below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to the request of First Hartford Realty Corporation, acting as agent on behalf of Bill Miller Bar B Q ( "Owner "), a five -foot wide utility easement out of Portmoor Addition, Block 1, Lot 8, located east of Port Avenue and north of Morgan Avenue, as recorded in Volume 24, Page 53, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ( "City "), subject to Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a field notes map, and Exhibit "B," which is a metes and bounds description, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in its entirety. Section 2. The abandonment and vacation of the utility easements described in Section 1 of this ordinance is expressly conditioned upon Owner's compliance with the following requirements: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49- 12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at Owner's expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected properties are located. c. Prior to the permitting of any construction on the affected properties, the Owner must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owner must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: 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 Lot 7 Vol. 25,Pg. 4, N.C.M.R. L4 oo 0 Vol. 24,Pg. 53, N.C.M.R. P.O.B. N.E. COR. LOT 8 BLOCK 0 Vol. 25,Pg. 61, N.C.M.R. PLAT SHOWING 5' UTILITY EASEMENT ABANDONMENT BEING 0.006 ACRES 252.93 Sq. Ft. OUT OF LOT 8, BLOCK 1 VOLUME 24, PAGE 53 N.C.M.R. PORTMOOR ADDITION SUBDIVISION AN ADDITION TO THE L2 Lot 9 20,Pg. 9, N.C.M.R. EXHIBIT A Lot 11 Vol. 51,Pg. 33, N.C.M.F CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS 1111 1 INCH = 10 FT. 0 LINE DATA''Ll" 01°3640" E 50.60' LINE DATA "L2" 5 88°37'00" W 5.00' LINE DATA "L3" N 01°3640" W 50.58' LINE DATA "L4'' N 88°2320" E 5.00' FLOOD ZONE ZONE "C" AREAS OF MINIMAL FLOODING. COMMUNITY-PANEL NUMBER: 485464 0168 C MAP REVISED: JULY 18, 1985 NOTES: SURVEY IS VALID ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF SURVEYOR. ci" FRED L. KUNID ". 4750 I, FRED L. KURTH, A REGISTERED PROFES NAL LAND SURVEYOR, DO HEREBY CERTIFY THE FOREGOING PLAT TO BE TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND ON 0 /14/12 UNDER MY DIRECTION AND SUPERVI4ON. FRED L. KUR H, RPLS No. 4750 DATE: ricLDEn 6 Hun IFIC. CONSULTANTS • ENGINEERS • SURVEYORS 227 N. F.M. 3167 RIO GRANDE DIY, 1X 78582 PH: (956) 487-8256 FAX: (956) 488-8591 BOOK Iza27,„21...1.4=0 DATE: 08/03/2012 JOB No. 12003.10 FILE NAME: 12003.10 DRAWN BY: F.P.4 115 W. McINTYRE EDINBURG, TX 78541 PH: (956) 381-0981 FAX: (956) 381-1839 www.meldenQndhurlt.00m ID COPYRIGHT 2012 MELDEN & HUNT, INC. ALL RIGHTS RESERVED September 5, 2012 METES AND BOUNDS DESCRIPTION 0.006 AC. OUT OF LOT 8, BLOCK 1 PORTMOOR ADDITION SUBDIVISION CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS EASEMENT ABANDONMENT A tract of land containing 0.006 of one acre [252.93 square feet] situated in the City of Corpus Christi, Nueces County, Texas, being a 5-foot utility easement as shown in the plat of LOT 8, BLOCK 1, PORTMOOR ADDITION SUBDIVISION, according to plat thereof recorded in Volume 24, Page 53, Nueces County Map Records, said 0.006 of one acre [252.93 square feet] also being more particularly described as follows: BEGINNING at the Northeast corner of said Lot 8, Block 1, for the Northeast corner of this tract; 1. THENCE, S 01° 36' 40" E along the East line of said Lot 8, Block 1, a distance of 50.60 feet to the Southeast corner of said Lot 8, for the Southeast corner of this tract; 2. THENCE, S 88° 37' 00" W along the South line of said Lot 8, Block 1, a distance of 5.00 feet to the Southwest corner of this tract; 3. THENCE, N 01° 36' 40" W along a line parallel and 5.00 feet West of the East line of said Lot 8, Block 1, a distance of 50.58 feet to a point on the North line of said Lot 8, for the Northwest corner of this tract; 4. THENCE, N 88° 23' 20" E along the North line of said Lot 8, Block 1, a distance of 5.00 feet to the POINT OF BEGINNING, and containing 0.006 of one acre [252.93 square feet] of land, more or less. I, FRED L. KURTH, A REGISTERED PROFESSIONAL LAND SURVEYOR DO HEREBY AFFIRM THAT THIS METES AND BOUNDS DESCRIPTION REPRESENTS THE RESULTS OF A SURVEY MADE ON THE GROUND ON 03/14/2012 UNDER MY DIRECTION AND SUPERVISION. D L. KURTH, R. .LS. #4750 DATE: ZASURVEY412003.101M&B\0.006 AC. EASEM ABANDONMENT EXHIBIT B AGENDA MEMORANDUM First Reading for the City Council Meeting of October 23, 2012 Second Reading for the City Council Meeting of October 30, 2012 DATE: October 10, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Development Services MarkVV @cctexas.com (361) 826-3246 UTILITY EASEMENT CLOSURE Abandoning and vacating a 10 -foot wide utility easement out of Lot 5, Block 1, Joslin Tracts. CAPTION: Ordinance abandoning and vacating a 10 -foot wide utility easement out of Lot 5, Block 1, Joslin Tracts; and requiring the owner, The Alexan Resort on the Bay, LLC, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: Bass and Welsh Engineering, acting as agent on behalf of The Alexan Resort on the Bay, LLC ( "Owner "), is requesting the abandonment and vacation of a 10 -foot wide utility easement (3,092.76- square -feet) out of Lot 5, Block 1, Joslin Tracts. The property is located east of Ennis Joslin Road and north of South Padre Island Drive (State Highway 358). The 10 -foot utility easement being abandoned and vacated was originally dedicated for a City gas line that has since been abandoned. The abandonment and vacation of the utility easement is requested in order to accommodate the future development of the subject property. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12, because Owner will be replatting said property and upon replatting will be dedicating utility easements of equal or greater value to off -set the proposed abandonment and vacation of the easement. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. C: \Program Files \Granicus \Legistar5 \Packet \1017_City Council _10_23_2012 \0021_1_Joslin Tracts, Agenda Memo (Oct 30).doc OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Sec. 49 -13. EM ERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within or objections to the proposed easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x 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: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owner must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49 -12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at Owner's expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected properties are located. c. Prior to the permitting of any construction on the affected properties, the Owner must C: \Program Files \Granicus \Legistar5 \Packet \1017_City Council _10_23_2012 \0021_1_Joslin Tracts, Agenda Memo (Oct 30).doc submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owner must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits C: \Program Files \Granicus \Legistar5 \Packet \1017_City Council _10_23_2012 \0021_1_Joslin Tracts, Agenda Memo (Oct 30).doc Ordinance abandoning and vacating a 10 -foot wide utility easement out of Lot 5, Block 1, Joslin Tracts; and requiring the owner, The Alexan Resort on the Bay, LLC, to comply with the specified conditions. WHEREAS, Bass and Welsh Engineering, acting as agent on behalf of The Alexan Resort on the Bay, LLC ( "Owner "), is requesting the abandonment and vacation of a 10 -foot wide utility easement out of Lot 5, Block 1, Joslin Tracts, located east of Ennis Joslin Road and north of South Padre Island Drive (State Highway 358), to accom- modate the future development of the subject property; WHEREAS, with proper notice to the public, public hearings were held on Tuesday, October 23, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the 10 -foot wide utility easement, subject to the provisions in this ordinance included below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to the request of Bass and Welsh Engineering, acting as agent on behalf of The Alexan Resort on the Bay, LLC ( "Owner "), a 10 -foot wide utility easement, totaling 3,092.76 square feet, out of Lot 5, Block 1, Joslin Tracts, located east of Ennis Joslin Road and north of South Padre Island Drive (State Highway 358), as recorded in Volume 61, Page 97, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi (''City "), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance, Exhibit "A," which is a location map, Exhibit "B," which is a metes and bounds description, and Exhibit "C," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in its entirety. Section 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easement being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49 -12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owner's expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located. Abandon% 2OUE %20Alexan %20Resort %2OvFinal %2020121002[1 ] Page 1 of 2 c. Prior to the permitting of any construction on the affected property, the Owner must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owner must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: 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 Abandon %20UE %20Aiexan %20Resort%20vFinal %202012100211 ] Page 2 of 2 Joe Adame Mayor LOCATION MAP 1,=-1500' APPROX EXHIBIT A BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB -UE CLO LOC MAP JOB NO. 98065 SCALE: 1" = 50' PLOT SCALE: SAME PLOT DATE: 8/23/12 SHEET 1 OF 1 MURRAY BASS, JR., RE., R.P.L.S, NIXON M. WELSH, P.E.,R.P.L.S. WWW.hass- \aclsh.cam e -mail: nixni v )aol.coni BASS & WELSH ENGINEERING TX Registration No. F -52 P.O. Box 6397 Corpus Christi, TX 78466 -6397 Utility Easement Closure Tract State of Texas § County of Nueces 3054 S. ALAMEDA, ZIP 78404 361 882- 5521 — FAx 361 882 -1265 e -mail: (Watil.CP,111 .cci!! August 17, 2012 98068M &B -UE CLO .DOC Description of a 0.071 acre tract of land, more or less, a portion of Lot 5, Block 1, Joslin Tracts, a map of which is recorded in Volume 61, Page 97, Map Records, Nueces County, Texas, and being all of the 10' UE inside the boundary of said Lot S as shown in said map, said 0.071 acre tract for utility easement closure as further described by metes and bounds as follows; BEGINNING at a point for the northernmost corner of the tract herein described in the northwest boundary line of said Lot 5, said beginning point bears S59 °10'05 "W 192.53' from the northernmost corner of said Lot 5; Thence S54 °40'22 "E 162.91' to a point for central corner of the tract here in described; Thence S53 °49'51 "E 142.64' to a point in a southeast boundary line of said Lot 5 for the easternmost corner of the tract herein described, said easternmost corner bears S28 °52'13 "W 10.00' and S63 °44'27 "W 67.70' from the easternmost corner of said Lot 5; Thence S28 °52'13 "W 10.08' along said southeast boundary line of Lot 5 to a point for the southernmost corner of the tract herein described; Thence N53°49'51"W 143.85' to a point for central corner of the tract herein described; Thence N54 °40'22 "W 167.25' to a point for the westernmost corner of the tract herein described in said northwest boundary line of Lot 5; Thence N59 °10'05 "E 10.93' along said northwest boundary line of Lot 5 to the POINT OF BEGINNING, a sketch showing said 0.071 acre tract for utility easement closure being attached hereto as Exhibit "B ". EXHIBIT B Sheet 1 of 1 Nixon 1V1. Welsh, R.P.L.S. UTILITY EASEMENT CLOSURE TRACT, 0.071 AC. LOT 5, BLOCK 1, JOSLIN TRACTS, V. 61, P. 97, M.R. 50 1 CL ENNIS JOSLIN RD. (ORIG. CL OF 80' ROW) LOT 5, SECTION 28, FB & EF & GT EXHIBIT C SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1 " = 60' b 0 2 3" \ ti 5 ' LOT 6, SECTION 28, FB & EF & GT BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB -UE CLO JOB NO. 98068 SCALE: 1" = 60' PLOT SCALE: SAME PLOT DATE: 8/17/12 SHEET 1 OF 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 23, 2012 Action Item for the City Council Meeting of October 30, 2012 DATE: TO: October 23, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Fred Segundo, Director of Aviation freds @cctexas.com, (361) 289 -0171 Approval of Professional Services Amendment for Corpus Christi International Airport East General Aviation Apron Rehabilitation, Phase 1 and 2 Project CAPTION: Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to accelerate Project No. E12156 Rehabilitate East General Aviation (EGA) Apron from Fiscal Year 2015 to 2013; increasing expenditures in the amount of $121,050; and authorizing the City Manager or designee to execute Amendment No. 13 to a Professional Services Agreement with KSA Engineers, Inc. of Longview, Texas, in the amount of $121,050 for the rehabilitation of the East General Aviation (EGA) Apron. PURPOSE: To award an amendment to a professional services contract. BACKGROUND AND FINDINGS: This project is to rehabilitate the Corpus Christi International Airport East General Aviation Apron. It includes the removal of existing asphaltic pavement and replacement with reinforced concrete, installation of aircraft tie - downs, striping and upgrades of apron lighting. The existing apron has shown signs of deterioration and base failures and is in need of replacement. The East GA apron is essential for maintaining service to GA aircraft. Construction will take place concurrently with the Runway 13 -31 Extension /Displacement project; it will be incorporated into the bid package as an additive alternate. ALTERNATIVES: 1. Do not award the contract (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2012- 2013 Capital Budget. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $121,050.00 $128,950.00 $250,000.00 Encumbered / Expended Amount This item $121,050.00 $121,050.00 Future Anticipated Expenses This Project $0.00 $0.00 BALANCE $0.00 $128,950.00 $128,950.00 Fund(s): Airport CIP 2012 GO (3024); CIP No. 7 Comments: This amendment will be paid out of Airport 2012 GO bonds. RECOMMENDATION: City Staff recommends the City Manager, or designee, to execute Amendment No. 13 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $121,050.00 for a total restated fee not to exceed $3,555,150.20 for the Corpus Christi International Airport East General Aviation Apron Rehabilitation, Ph. 1 & 2 Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET E GA Apron Reconstruction, Phase 1 & 2 Project No. E12156 October 23, 2012 FUNDS AVAILABLE (FY13 - FY15): FAA Grant Airport CIP Reserves (match) TOTAL AVAILABLE: Amount $ 225,000.00 $ 25,000.00 $ 250,000.00 FUNDS REQUIRED: Consultant Fees: Consultant - Design (KSA Engineers, Inc.) $121,050.00 TOTAL ESTIMATED GRANT BUDGET BALANCE $ 121,050.00 $ 128,950.00 File : \Mproject \councilexhibits \exhE12156.dwg ��ECEs F M. 624 Rmmm _NUECES B.5/ Ro a CC LLJ CORPUS CHRISTI ISTI CC McGL01N RD o LOCATION MAP NOT TO SCALE ES RD N MCGLOIN] ROAD PROJECT # E12156 SITE PLAN NOT TO SCALE DEAN] LANE CCIA East General Aviation Apron Reconstruction CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to accelerate Project No. E12156 Rehabilitate East General Aviation (EGA) Apron from Fiscal Year 2015 to 2013; increasing expenditures in the amount of $121,050; and authorizing the City Manager or designee to execute Amendment No. 13 to a Professional Services Agreement with KSA Engineers, Inc. of Longview, Texas, in the amount of $121,050 for the rehabilitation of the East General Aviation (EGA) Apron. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to accelerate Project No. E12156 Rehabilitate East General Aviation (EGA) Apron from Fiscal Year 2015 to 2013. SECTION 2. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to increase expenditures in the amount of $121,050. SECTION 3. The City Manager, or designee, is authorized to execute Amendment #13 to a Professional Services Agreement for the Rehabilitation of East General Aviation (EGA) Apron. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 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, Sr. Mark Scott Priscilla G. Leal 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, Sr. Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor AMENDMENT NO. 13 TO AGREEMENT For PROFESSIONAL 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 CCity Engineer), and KSA Engineers, Inc. of Longview, Texas, acting through its duly authorized representative who is Joncie H. Young, President, (CONSULTANT), which agree as follows: 1 DECLARATIONS. -CITY" desires to engage "CONSULTANT to provide services in connection with City s project, described as follows East GA Apron Reconstruction, Phase 1 & 2, (Proiest No. E12155) 'Project" 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letters, Scope of Services, and Fee attached as "Exhibit A'. 3. FEE. The "CITY" agrees to pay the "'CONSULTANT for services provided in accordance with Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $121,050.00 (in figures), (One Hundred One Thousand Fifty Dollars and Zero Cents (in words) for a total revised fee not to exceed $3,555,150.20 (in figures), (Three Million Five Hundred Fifty Five Thousand One Hundred Fifty Dollars and Twenty Cents ) (in words) CITY OF CORPUS CHRISTI KSA ENGINEERS, INC. Oscar R. Martinez (Date) oung, P. side Assistant City Manager RECOMMENDED: Daniel Biles, P. E., Director of Engineering Services Fred Director of Aviation APPROVED AS TO FORM: (Date) Office of Mgmt and Budget (Date) .0 E. Tyler, Suit Lo � iew, TX 756 (972) 542-2995 (972) 542-6750 Project No. E12156 Funding source: Airport 2012 GO 550950-3024-00000-G50E12156 5121,050 00 Encumbrance Number: NEANEEFUNO NA KNA I \CEPA 1oTAEACHANNCLENARISSAPANE 171 UlIO . .41 Exhibit A Amendment No. 13 Task Order No. 9 This is Task Order No. 9 consisting of 2 pages. In accordance with this Contract for A/E Professional Services between the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (Engineer) for Professional Services, dated ( "Agreement "), constituting authorization by the CITY for the Engineer to provide engineering services for the following project at Corpus Christi International Airport: 1. Specific Project Data A. Title: Phases 1 & 2 Reconstruction of East General Aviation Apron (Areas 1 & 2). B. Description: This project will consist of the following items: 1. Reconstruct the East General Aviation Apron (Areas 1 & 2) with a concrete paving designed to accommodate all aircraft anticipated to utilize the apron; 2. The reconstruction of Area 1 will be Phase 1 of work and will be incorporated into the Runway 13 -31 Extension/Shift Project as Additive Altemate No. 3; 3. The reconstruction of Area 2 will be Phase 2 of work and will be incorporated into the Runway 13 -31 Extension/Shift Project as Additive Altemate No. 4; 4. Design the grades of Areas 1 and 2 so the apron can be expanded to the north with a drainage plan in place to serve this area. 5. Install tie -downs and marking for aircraft parking, as required; 6. Design apron grades to implement incremental expansion to the south and drain effectively; and 7. Plans and specifications to be in full compliance with all FAA design and construction standards. 2. Services of Engineer Services to be performed by the Engineer in this Task Order are listed below and described in Exhibit A of this Contract. 1. Final Design Phase 2. Additional Services a. Topographic Surveying b. Geotechnical Investigation Note: This Task Order does not include Construction Phase services or fees. City of Corpus Chnsti, Texas Amendment No. 13 Task Order No. 9 Page 1012 CRP-021M AMEND NO. 13 EXHIBIT "A" PAGE 1 OF 2 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. 4. Time for Rendering Services Service Time Requirement Completion Date* Final Design Phase 16 weeks 15 January 2013, 12:00:00 pm CDT 5. Payments for the Engineer In return for the services described above, the CITY shall pay the Engineer as described below. The total cost of all services provided under this Task Order will not exceed $ 121.050.00 without prior written approval by the CITY. Service Fees 1. Final Design Phase: $90,000.00 2. Additional Services: a. Topographic Surveying: $11,500.00 b. Geotechnical Investigation: $19.550.00 TOTAL $121,050.00 City ofCarpus Christi, Texas Amendment No. 13 Task Order No 9 Page 201'2 CRP-021i■t AMEND NO. 13 EXHIBIT "A" PAGE 2 OF 2 EXHIBIT B FEE SCHEDULE KSA Engineers, Inc. CONTRACT FOR PROFESSIONAL A/E SERVICES CITY OF CORPUS CHRISTI FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS Original Contract TASK FEE Task Order No. 1 — Preparation of Environmental Assessment $161,649.00 Task Order No. 2 — AGIS Airspace Analysis and Data Submittal /Upload $286,416.00 $566,000.00 Task Order No. 3 — Runway 17 -35 Extension/Displacement and Connecting Taxiway Project Task Order No. 4/1000' — Runway 13 -31 Extension /Displacement and Connecting Taxiway Project 8720,000.00 Task Order No. 4A/800' — Runway 13 -31 Extension /Displacement and Connecting Taxiway Project $148,000.00 Task Order No. 5 — Taxiway Utilization Study $80,196.00 $1,962,261.00 Total Original Project Fees Amendment No. 1 Topographic Survey, Plats, Metes & Bounds for Right of Way Acquisition for Access to Relocated Approach Ughting System for Runway 17 (Supplement to Task Order No. 2) $ 5,577.50 Amendment No. 2 Task Order No. 6 - North General Aviation Apron 1 $49,400.00 Amendment No. 3 Task Order No. 7 - Pinson Road & Employee Parking Drainage Improvements $24,150.00 Amendment No. 4 Additional Desktop Biological and Jurisdictional Waters Evaluation (Supplement to Task Order No. 1) $4,028,45 Amendment No. 5 Infield Taxiway Connectors /Runway 17 -35 Project (Supplement to Task Order No. 3) $100,000.00 Amendment No. 6 Infield Taxiway Connector /Runway 17 -35 Project (Supplement to Task Order No. 3) $40,000.00 AMEND. NO.13 EXHIBIT "B" Page 1 of 2 ' Amendment No. 7 Infield Taxiway Connectors/Runway 13-31 Project (Supplement to Task Order No. 4) $201,800.00 _ Amendment No. 8 Revise Environmental Assessment and Perform Environmental Due Diligence Audit (EDDA) for NAVAID Relocations (Supplement to Task Order No. 1) $1 8,010.00 Total Fee_ Amendment No. 9 Task Order No. 8 - Construction Administration Fees for RWY 17 -35 Extension /Displacement and Connecting Taxiways Project $1,000,000.00 Amendment No. 10 AGIS Attribute Revisions for the Truncation of RWY 13 Extension from 1600' to 1000' (Supplement to Task Order No. 2) $8,573.25 Resident Project Representative for Sanitizer Installation Amendment No. 11 Civil, Electrical and NAVAID Design Revisions for the Truncation of RWY 13 Extension from 1600' to 1000' (Supplement to Task Order No. 4) 520,000.00 Amendment No. 12 Taxiway Utilization Study Update for the Truncation of RWY 13 Extension from 1600' to 1000' (Supplement to Task Order No. 5) $2,300.00 Amendment No. 13 Task Order No. 9 — Phases 1 & 2 Reconstruction of East General Aviation Apron (Areas 1 & 2) $121,050.00 Amended Total Fee 1 $3,555,150.20 ADDITIONAL CONTRACTS Sanitizer Installation Design Total Fee _ $19,680.00 Jetway Bridge Holding Position Markings & Diversion Aircraft Parking Layout Total Fee_ $16,925.00 Blast Study for Aircraft Powering In and Out of East RON Positions and Add Aircraft Jet Engine Ingestion Zone Markings to the Holding Position Markings at Gates 1, 38 and 6A Total Fee $11,672.50 Resident Project Representative for Sanitizer Installation Total Fee $4,500.00 AMEND. NO. 13 EXHIBIT "B" Page 2 of 2 giora CITY OF CORPUS INTEREST City of Corp us Christi Ordinance 17112 u ome ed, requires all persons or time seeking to do buslnsa will the City to provide the foilowjni information. Every question must be answered if the quest.on is of applicable, answer with NA ". See reverse side for Filing Requirements, Cerdfkattens and definitions, COMPANY NAME: P. O. BOX: STREET ADDRESS: K514 P inee rs, L . FIRM IS: 1. Corporation 4. Association CITY: � 7D,: bTP 8 3. Sole Owner (] DISCLOSURE QUESTIONS Ifadditional space Is necosse% please use the reverse side of this po o_or attach separate sheet I. State the names of each employee or the qty of Corpus Christi Nevins an "ownership interest" constituting 3% or more of the ownership in the above named "Jinn. Name Job Title and City NI In- Department (if known) 2. Suue the names of each "official" otitis City of Carpus Christi having on "ownershl interest" constituting 3% or more of the ownership in the above named "firm." p Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Co Christi who worked pa any matter related to the sub cct of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "film." Ngiti Consultant PILING REQUiREMENTS Ira person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee t� is distinguishable from the effect that the ncdon will have on members of the public in genera or a substantial segment thereof, you shall disclose that fact in a signed writing to the City oflialaL emplooyyee 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. [Ordinance Section 2.349 (d)J CERTIFICATION 1 certify that all information provided is true and cone as of the date of is statement, that I have not wingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, 1' ohongcs occur. Certifying Person: _ gig N , Title: • hies pssr►dsq Signature of Certifying Person: DEFiNM'I OF Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Tans. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect en 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, John stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. c. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Can t Judges ofthe 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, wrote, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of vonture or partnership agreements." g. "Consultant." Any parson or firm, such as engineers and architects, hired by the City of Carpus Christi for the purpose of professional consultation end recommendation. AGENDA MEMORANDUM Future Item for the City Council Meeting of (10/23/12) Action Item for the City Council Meeting of (10/30/12) DATE: TO: October 2, 2012 Ronald L. Olson, City Manager FROM: Laura Garcia, Interim Library Director lauraga(a�cctexas.com 826 -7070 Renaming the Northwest Branch Library CAPTION: Resolution authorizing the name change of the Northwest Library to the Owen R. Hopkins Public Library PURPOSE: Authorizing renaming Northwest Branch Library. BACKGROUND AND FINDINGS: Library Board has recommended renaming the Northwest Branch Library in honor of Owen R. Hopkins. As President of the Corpus Christi Geological Society, Mr. Hopkins spearheaded a three -part initiative called "Maps in Schools, Bones in Schools, and Boulders in Schools." Mr. Hopkins was responsible for arranging for the installation in the Northwest Branch Library of a 14 foot Columbian Mammoth Front Leg Bone, uncovered in the Nueces River Floodplain in Nueces County. Mr. Hopkins was instrumental in obtaining the donation of the 65 million -year- old fossil fish (Diplomystus) preserved in limestone which is on permanent exhibit at the Garcia Library. Mr. Hopkins was the force behind the Solar System model that is permanently installed along the seawall in Corpus Christi. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Current Council policy approved by Resolution 21901, 8. Naming of City Facilities, states: "final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City boards, commissions, committees or advisory bodies." EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: None ❑ 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): Comments: None RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: None. Resolution Authorizing the name change of the Northwest Branch Library to the Owen R Hopkins Public Library WHEREAS, Owen R. Hopkins Owen spearheaded a three -part initiative called "Maps in Schools, Bones in Schools, and Boulders in Schools." as President of the Corpus Christi Geological Society; WHEREAS, Owen R. Hopkins was responsible for arranging for the installation in the Northwest Branch Library of a 14 foot Columbian Mammoth Front Leg Bone which was uncovered in the Nueces River Floodplain in Nueces County; WHEREAS, Owen R. Hopkins was instrumental in obtaining the donation of the 65 million - year -old fossil fish (Diplomystus) preserved in limestone which is on permanent exhibit at the Garcia Library; WHEREAS, Owen R. Hopkins was the force behind the Solar System model that is permanently installed along the seawall in Corpus Christi; and WHEREAS, in honor of Owen R. Hopkins; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The name change of the Northwest Branch Library to the Owen R. Hopkins Public Library is hereby authorized. Section 2. This Resolution shall become effective on the date of final City Council approval. ATTEST: 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM Future item for the City Council Meeting of October 23, 2012 Action item for the City Council Meeting of October 30, 2012 DATE: TO: FROM: October 8, 2012 Ronald L. Olson, City Manager Gustavo Gonzalez, Director of Water Operations GustavoGo@cctexas.com 361- 826 -1874 Interlocal Agreement with Texas A &M Univeristy - Kingsville (TAMUK) CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University — Kingsville for evaluation and recommendation of various processes at the O. N. Stevens Water Treatment Plant. PURPOSE: Provide TAMUK engineering students an opportunity to observe, interact, learn, evaluate and provide recommendation for various processes at a surface water treatment plant. BACKGROUND AND FINDINGS: The Corpus Christi Water Department is interested in collaborating with local academic entities in an effort to generate interest in the business, engineering, and science of municipal water treatment. During a facility tour during the spring of this year, engineering students from Texas A &M — Kingsville expressed interest in using the O. N. Stevens Water Treatment Plant as a subject for a senior undergraduate design course. While it is common for senior design projects to focus on problems that may be theoretical, the opportunity for a student to work on an actual real -world problem is of immense academic value. The student's work may translate into insights for a better -run facility. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to City's policies and procedures through the attached Resolution as authorized by the City Council. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Water FINANCIAL IMPACT: None ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Water Comments: RECOMMENDATION: Approval of the interlocal agreement as requested. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University — Kingsville for evaluation and recommendation of various processes at the O. N. Stevens Water Treatment Plant. 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 execute an Interlocal Agreement with Texas A &M University — Kingsville for evaluation and recommendation of various processes at the O. N. Stevens Water Treatment Plant. A copy of the Interlocal Agreement shall be on file with the office of the City Secretary. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 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 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS A &M UNIVERSITY - KINGSVILLE REGARDING O. N. STEVENS WATER TREATMENT PLANT THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement ", is made by and between the City of Corpus Christi (hereinafter referred to by name or as "the City "), a home rule city, and Texas A &M University- Kingsville (hereinafter referred to by name or as "TAMU -K "), pursuant to Chapter 791 of the Texas Government Code. ARTICLE 1. - CONTRACT TERM. This Agreement is for a term of six months. The effective date of this Agreement is defined as the latest date of signature on this Agreement by the City and TAMU -K. Upon written agreement of the City Manager and authorized representative of TAMU -K, this Agreement shall be renewed for additional six - month. At least sixty days prior to the end of each term, the parties agree to meet to review the services provided and received under this Agreement, and request as necessary any amendments to accomplish each party's respective goals. ARTICLE 2. — PURPOSE. The purpose of this Agreement is to allow supervised students from the TAMU -K environmental engineering program to evaluate existing City processes at the O. N. Stevens Water Treatment Plant for sludge extraction process and also provide options for sludge handling and disposal. The students will be doing a mixture of field and office work. They will be taking photos, and possibly conduct surveying type activities. If any type of physical /chemical sampling is required, City staff will perform the work as students observe. ARTICLE 3. AUTHORIZED REPRESENTATIVES. Each party to this Agreement shall designate one or more employees ( "Authorized Representatives ") who shall be the point of contact for this Agreement. ARTICLE 4. — COSTS. Each party shall be responsible for its respective costs to accomplish the purpose of this Agreement. City has no responsibility for payment of any funds under this Agreement. ARTICLE 5 — INSURANCE. Prior to beginning performance under this agreement, TAMU -K shall provide the insurance required in Exhibit A. ARTICLE 6. - ADDITIONAL REQUIREMENTS AND RESTRICTIONS. The City reserves the right to require criminal background investigations for the TAMU -K 1 students and representatives prior to providing access to City facilities. TAMU -K shall present a completed waiver, which is attached as Exhibit, for each student participant under this Agreement. TAMU -K students, supervising professor, and representatives shall participate in City safety training programs and comply with all applicable City safety policies. ARTICLE 7. NON - DISCLOSURE OF CITY RECORDS. Neither TAMU -K, its employees, nor any of the TAMU -K students participating under this Agreement shall release or disclose to the public, or any third party, any records or information of the City provided under this Agreement ARTICLE 8. — ANTICIPATED DELIVERABLES. TAMU -K students shall complete and deliver their recommendations to the City Director of Water Operations in the form of a written report at the end of the Fall 2012 semester. ARTICLE 9 — TERMINATION. This Agreement may be terminated by any of the following occurrences: A. By mutual agreement and consent in writing by both parties; B. By either party upon thirty (30) days written notice to the other party; C. By either party upon the failure of the other party to fulfill its obligations as set forth in this Agreement. ARTICLE 10. — AMENDMENTS. Any and all changes to this Agreement may be enacted by written amendment or addendum properly executed by the appropriate representative of each party. ARTICLE 11. — ASSIGNMENT. Neither party shall assign, sublet or transfer its interests in this Agreement without the prior written consent of the other party. ARTICLE 12. — NOTICES. All notices from either party to the other required under this Agreement shall be personally delivered or mailed to such party at the following address: For the City: City of Corpus Christi Attn: Director of Water Operations P. O. Box 9277 Corpus Christi, Texas 78469 -9277 2 For TAMU -K: Texas A &M University at Kingsville Attn: Dr. Shane Creel Director of Risk Management 133 Lewis Hall Kingsville, Texas 78363 ARTICLE 13. - DUPLICATE ORIGINALS. The parties to this Agreement have signed duplicate original counterparts. ARTICLE 14. - APPROPRIATION OF FUNDS. The City and TAMU -K agree that the performance of each is subject to the ability of the parties to provide or pay for the services required under this Agreement. The City and TAMU -K acknowledge that this Agreement between them is entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with said Act, the parties hereto acknowledge that any payments made pursuant to the terms of this Agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. WHEREAS, the City of Corpus Christi and Texas A &M University- Kingsville agree to the terms as set forth above, this Agreement shall be effective upon full execution of the Agreement by the proper authorities of each entity, after approval by the governing bodies of such entities. AGREED TO BY: CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager Attest: By: Armando Chapa, City Secretary TEXAS A &M UNIVERSITY — KINGSVILLE By: Name: Dr. Shane Creel Title: Director, Risk Management Date: Date: /4•/-.Z 3 EXIBIT A INSURANCE REOUIREMENTS I. TAMU -K'S LIABILITY INSURANCE A. TAMU -K Environmental Engineering students shall not be allowed to evaluate existing City processes at the O. N. Stevens Water Treatment Plant sludge extraction process and also provide options for sludge handling and disposal under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. B. TAMU -K shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s), or an official letter of Self- Insurance indicating governmental immunity and limited liability protection through the Texas Tort Claims Act. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or policy endorsement(s), if policies purchased from commercial carrier. Bodily injury and Property Damage Per Occurrence / aggregate GENERAL LIABILITY ( Purchased from Commercial Carrier or through Self Insurance). $250,000 for each person $500,000 for each single occurrence for BI or Death. $100,000 for each single occurrence for injury or destruction of property. AUTOMOBILE LIABILITY ( Purchased from Commercial Carrier or through Self Insurance). 1. Hired & Non -owned $100,000 Combined Single Limit WORKERS' COMPENSATION ( Purchased from Commercial Carrier or through Self Insurance). WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT . C. In the event of accidents of any kind related to this project, TAMU -K shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 4 EXHIBIT B REQUEST AND WAIVER OF LIABILITY FORM TO BE EXECUTED BY TAMU -K ENGINEERING STUDENT In signing this form, I , understand and agree to the following: I am requesting permission to access facilities at the O. N. Water Treatment Plant for my participation in an engineering project under supervision of Texas A &M University at Kingsville. I acknowledge that the Interlocal Agreement executed between the City of Corpus Christi and TAMU -K includes requirements for criminal background investigations, and prohibits disclosure of City records. I authorize the City of Corpus Christi to conduct such criminal background investigation and I consent for individuals and organizations to provide accurate and complete responses to the City of Corpus Christi background investigation. I understand that unauthorized access to City property and unauthorized disclosure of City records and data are strictly prohibited. I acknowledge that unauthorized access to City property or unauthorized disclosure of City records may subject me to civil and criminal penalties. I fully understand that I am not an employee of the City of Corpus Christi. I agree to abide by policies of the City (including but not limited to safety policies) and all applicable statutes and ordinances. I agree to wear safety equipment as directed by City staff and City safety training coordinator. I know and realize that my participation in the engineering project may involve exposure to certain risks. I may also be around in fact make use of certain equipment. If any activity presents risks that I do not want to take, it is my responsibility to state that concern and make a decision not to engage in that activity. I hereby personally accept and assume all risk and responsibility for any harm, injury, or damage that may befall me while I am on City property. I further agree to indemnify and hold harmless the City of Corpus Christi from any lawsuit by me, or my family, heirs, or assigns, arising because of my presence on City owned property or my participation in the engineering project. I agree to RELEASE AND FOREVER DISCHARGE the City of Corpus Christi and its elected officers, employees, officials, and agents, from any and all claims, suits, liability, demands or causes of action on account of personal injury, death, or property damage, incurred by me or a third party, that may arise from or in connection of my participation in the engineering project or my presence on City property. In executing this document, I am expressly binding myself, my heirs, executors, administrators, and assigns by the terms of this release for any claim or cause of action of any kind that may arise as a result of my 5 work, whether caused by a negligent, grossly negligent, or reckless act of the City of Corpus Christi, or its employees, elected officers, officials, agents, or caused by the use of any tangible personal property or equipment. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read it, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, have been made; and I execute this Release for full, adequate and complete consideration, fully intending to be bound by the same. Signed by: Date: Printed Name: Address: TDL #: Emergency Contact information: 6 AGENDA MEMORANDUM Future Item for the City Council Meeting of 10/23/2012 Action Item for the City Council Meeting of 10/30/2012 DATE: October 11, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning /Environmental Services PeteAn@cctexas.com 361.826.3781 Resolution by the City Council of the City Corpus Christi supporting the Corpus Christi Air Quality Group's participation in the EPA Ozone Advance Program. CAPTION: Resolution by the City Council of the City Corpus Christi supporting the Corpus Christi Air Quality Groups participation in the EPA Ozone Advance Program to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. PURPOSE: The Resolution gives Council's support of the Corpus Christi Air Quality Group's continuing successful efforts to collaborate with the United States EPA, while identifying local initiatives that reduce air emissions and to seek to maintain Corpus Christi's attainment status of National Ambient Air Quality standards set forth by the United States EPA. BACKGROUND AND FINDINGS: The Corpus Christi area, comprised of Nueces County and San Patricio County, is an urban air shed in which air emissions from sources in both counties interact to influence the level of ambient air pollution in the community. Control of ambient air quality requires a strategy that considers sources of air emissions in both counties. The urban air shed of Nueces County and San Patricio County an area in which local entities, the Texas Commission on Environmental Quality (TCEQ), and the U.S. Environmental Protection Agency (EPA) are working together to plan and implement voluntary actions appropriate to community needs to improve air quality. This collaboration makes it possible to design common sense strategies that reflect the weather, driving habits, and economy of the region in the creation of a model program. A plan was formalized in 1996 in a Flexible Attainment Region Memorandum of Agreement, and modified and continued in 2002 in an O3FLEX Memorandum of Agreement. The parties to the plans were the following governmental authorities: City of Corpus Christi Texas Commission on Environmental Quality Nueces County U.S. Environmental Protection Agency San Patricio County Port of Corpus Christi Authority Regional Transportation Authority Other stakeholders making major contributions to this effort include the following: Port Industries of Corpus Christi, Inc., and its member companies Texas A &M University- Corpus Christi, Department of Community Outreach (TAMUCC) Texas A &M University - Kingsville, Department of Environmental Engineering (TAM UK) Corpus Christi Metropolitan Planning Organization (MPO) The 8 Hour O3FLEX agreement will expire at the end of 2012. The United States EPA has replaced the 8 O3FLEX program with Ozone Advance Program.. ALTERNATIVES: Council may choose not to move forward with the United States EPA Ozone Advance Program at this time, however, TCEQ 803 FLEX no longer appears to be an offered alternative. OTHER CONSIDERATIONS: The Corpus Christi Metropolitan Planning Organization, San Patricio County, and The Regional Transportation Authority have passed resolutions supporting Collaboration with United States EPA. CONFORMITY TO CITY POLICY: The Resolution follows all appropriate policy. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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: None RECOMMENDATION: Staff recommends passage of the resolution in all of its parts. LIST OF SUPPORTING DOCUMENTS: City of Corpus Christi Resolution Corpus Christi Metropolitan Planning Organization Resolution -copy San Patricio County Resolution -copy Regional Transportation Authority Resolution -copy Resolution by the City Council of the City Corpus Christi supporting the Corpus Christi Air Quality Groups participation in the EPA Ozone Advance Program to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. Whereas, the City of Corpus Christi has been a stakeholder in the Corpus Christi Urbanized Area air reduction agreements; and Whereas, the "Air Shed" stakeholders and entities represented in the Corpus Christi Air Quality Group, the Texas Commission on Environmental Quality (TCEQ), and the U.S. Environmental Protection Agency (EPA) have worked together to plan and implement voluntary actions appropriate to community needs to improve air quality through common sense strategies that reflect the weather, driving habits, and economy or the region; and Whereas, the Corpus Christi Air Quality Group proposed a voluntary response to the federal policy authorizing an 8 Hour 03 FLEX program, and Whereas, An 8 Hour O3FIex agreement for Nueces and San Patricio Counties was developed by the Corpus Christi Air Quality Group, and was approved by all parties on October 23, 2007; and Whereas, the 8 Hour O3FLEX agreement expires at the end of 2012; and Whereas, the Environmental Protection Agency is replacing the 8 Hour O3FLEX agreement with a new voluntary program call Ozone Advance; NOW, THEREFORE, BE IT HEREBY RESOLVED: That, the City Council of the City Corpus Christi supports the Corpus Christi Air Quality Group's participation in the EPA Ozone Advance Program to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 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 CORPUS CHRST METROPOLITAN PLANNING ORGANIZATON SUPPORT OF THE CORPUS CHRST AIR QUALTY GROUP OZONE ADVANCE AGREEIVIENT WHEREAS, the Transportation Policy Committee is designated as the Metropolitan Planning Organization (NAP{)) serving as the policy and decision making forum for the Corpus Chnst Urbanized Area: and WHEREAS, the 'Air Shed" stakeholders and entities represented in the Corpus Christi Air Quality Group, the Texas Commission on Environmental Quality /TCE0\, and the U,S, Environmental Protection Agency (EPA) have worked togod1arto plan and implement voluntary actions appropriate to community needs to improve air qua!ity through common sense strategies that reflect the weather, dnvnq habfts, and economy of the reqon: and WHEREAS, the Corpus Christi Air Quality Group proposed a voluntary response to the federal policy authorizing an8 Hour C)3FLEX program; and VVHEREAS. An 8 Hour 03FLEX Agreement for Nueces and San Patricia Counties was developed by the Corpus Christi Air Quality (5roup, and was approved by ail parties on October 23, 2007; and WHEREAS, the 8 Hour O3FLEX Agreernent expires at the end of 2013; and WHEREAS, the Environmental Protection Agency is replacing the, 8 Hour 03FLE>( Agreement with a new voluntanv program call Ozone Advance; NOW, THEREFORE, BE IT HEREBY RESOLVED: That the Corpus Christi Transportation Policy Committee. supports the Corpus Ohhs Air Quality Group's continuing successful efforts through collaboration with the 01,S, Environmental Protection Agency (EPA), These efforts have identified |ooa\ initiatives that reduce air emissions and maintain the Corpus Christi attainment status of air quality standards set forth by the US EPA. We will further those efforts by developing a voluntary program that meets the parameters ot the Ozone Advance orograrn. n TranSigortation Policy Committee August 2, 2012 THAT STATE OF TEXAS COMMISSIONERS COURT COUNTY OF SAN PATRICIO CORPUS CHRISTI AIR QUALITY GROUP OZONE ADVANCE AGREEMENT WHEREAS, San Patricio County has been a stakeholder in the Corpus Christi area air emissions reductions agreements,; and WHEREAS, the "Air Shed" stakeholders and entities represented in the Corpus Christi Air Quality Group, the Texas Commission on Environmental Quality (TCEQ), and the U.S. Environmental Protection Agency (EPA) have worked together to plan and implement voluntary actions appropriate to community needs to improve air qual ity through common sense strategies that reflect the weather, driving habits, and economy of the region; and WHEREAS, the Corpus Christi Air Quality Group proposed a voluntary response to the federal policy authorizing an 8 Hour O3FLEX program; and WHEREAS, An 8 Hour O3FLEX Agreement forNueces and San Patricio Counties was developed by the Corpus Christi Air Quality Group, and was approved by all parties on October 23, 2007; and WHEREAS, the 8 hour 03FLEX Agreement expires at the end of2012; and WHEREAS, the Environmental Protection Agency is replacing the 8 hour 03FLEX Agreement with a new voluntary program called Ozone Advance; NOW, THEREFORE, BE IT HEREBY RESOLVED: The San Patricio County Commissioners supports the Corpus Christi Air Quality Group's continuing successful efforts to collaborate with the U S EPA while identifying local initiatives that reduce air emissions and to seek to maintain Corpus Christi's attainment status of air quality standards set forth by the U S EPA PASSED and ADOPTED this the 16th day of July, 2012. Gracie Alaniz Gonzale& County r lerk Terra : ∎son, Cou Judge • Ni a Trevino, Commissioner, Pct. #1 Fred Nardini, Commissioner, Pct. #2 Alma Jim P ice, ommi : oner, Pct. #4 Corputi Qtijritt Ike nal Mrantiportatton Zutboritp Refieution WHEREAS, Corpus Christi Regional Transportation Authority has been a stakeholder in the Corpus Christi area air emissions reductions agreements; and WHEREAS, the ''Air Shed" stakeholders and entities represented in the Corpus Christi Air Quality Group, the Texas Commission on Environmental Quality (TCEQ), and the U.S. Environmental Protection Agency (EPA) have worked together to plan and implement voluntary actions appropriate to community needs to improve air quality through common sense strategies that reflect the weather, driving habits, and economy of the region; and WHEREAS, the Corpus Christi Air Quality Group proposed a voluntary response to the federal policy authorizing an 8 Hour O3FLEX program; and WHEREAS, An 8 Hour O3FLEX Agreement for Nueces and San Patricio Counties was developed by the Corpus Christi Air Quality Group, and was approved by all parties on October 23, 2007; and WHEREAS, the 8 hour 03FLEX Agreement expires at the end of 2012; and WHEREAS, the Environmental Protection Agency is replacing the 8 hour 03FLEX Agreement with a new voluntary program called Ozone Advance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY AS FOLLOWS: RESOLVED, that the Corpus Christi Regional Transportation Authority Board of Directors fully supports the Corpus Christi Air Quality Group's continuing successful efforts to collaborate with the United States EPA, while identifying local initiatives that reduce air emissions and to seek to maintain Corpus Christi's attainment status of air quality standards set forth by the United States EPA. DULY PASSED AND ADOPTED this 1st day of August 2012. By Is Chairman AGENDA MEMORANDUM Future Item for the City Council Meeting of October 23, 2012 Action Item for the City Council Meeting of October 30, 2012 DATE: TO: October 12, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services fosterc@cctexas.com (361) 826 -1801 Approval of Contract for Professional Services: Laguna Madre Wastewater Treatment Plant 2013 Improvements CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with Urban Engineering of Corpus Christi, Texas in the amount of $359,620 for the Laguna Madre Wastewater Treatment Plant 2013 Improvements. PURPOSE: The purpose of this Agenda Item will authorize the proposed consultant to begin designing the Project. BACKGROUND AND FINDINGS: The proposed project provides for the design and construction for replacement of the existing mechanical bar screen and disinfection system; rehabilitation of the grit removal system and plant lift station: and providing new odor control, electrical control room and emergency generator at the Laguna Madre Plant. Existing equipment is beyond its service life and is critical to the operations and safety of plant operators. Urban Engineering of Corpus Christi, Texas was selected for this project as a result of Request for Qualification (RFQ) No. 2011 -05 Professional Services for Department of Engineering Services Projects, dated November 14, 2011. ALTERNATIVES: 1. Award the contract to Urban Engineering as proposed. 2. Do not award the contract to Urban Engineering as proposed. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; and FY 2012 -13 Capital Improvement Budget. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater Department. FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable FISCAL YEAR: 2012 -2013 Project to Date Expenditures (CIP Only) Current Year Future Years TOTALS Line Item Budget $0.00 $375,000.00 $4,000,000.00 $4,375,000.00 Encumbered /Expended Amt. This item 359,620.00 359,620.00 Future Expenditures 15,380.00 3,995,932.50 4,011,312.50 BALANCE $0.00 $0.00 $4,067.50 $4,067.50 FUNDS: Wastewater CIP Comments: The design will also consider other plant upgrades/ repairs as part of a lifecycle strategy to extend the major systems service life. RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Urban Engineering of Corpus Christi, Texas, in the amount of $359,620 for professional services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET ESTIMATE LAGUNA MADRE WASTEWATER TREATMENT PLANT 2013 IMPROVEMENTS (Project No. E10048) October 23, 2012 FUNDS AVAILABLE: Wastewater CIP $4,375,000.00 FUNDS REQUIRED: Construction (preliminary estimate) 3,260,000.00 Contingency (10 %) 326,000.00 Consultant Fees: Consultant (Urban Engineering) * 359,620.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 120,312.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 120,312.50 Construction Observation Services (estimate) 130,000.00 Finance Reimbursements 43,750.00 Misc. (Printing, Advertising, etc.) 10,937.50 TOTAL $4,370,932.50 ESTIMATED PROJECT BUDGET BALANCE $4,067.50 * Construction Observation Services to be negotiated at a future date \ Mproject \councilexhibits \exhE10048.dwg CORPUS C3- [2?JSTI BAN J PROJECT SITE Laguna Madre WWTP .MJ4DRE LOCATION MAP NOT TO SCALE PROJECT #E10048 LAGUNA MADRE WASTEWATER TREATMENT PLANT 2013 IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Urban Engineering, a Texas partnership, 2725 Swantner, Corpus Christi, Nueces County, Texas 78123, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Lacuna Madre Wastewater Treatment Plant — 2013 Improvements (Proiect No. E10048) — This project provides for the design and construction for replacement of the existing mechanical bar screen and disinfection system; rehabilitation of the grit removal system and plant lift station: and providing new odor control, electrical control room and emergency generator at the Laguna Madre Plant. Existing equipment is beyond its service life and is critical to the operations and safety of plant operators. The design will also consider other plant upgrades/ repairs as part of a lifecycle strategy to extend the major systems service life. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A -1, to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit A. This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. MANDATORY REQUIREMENTS NE agrees to the mandatory contract and insurance requirements as set forth in Exhibit B. Contract for Engineering (A/E) Services Page 1 of 3 5. FEE The City will pay the A/E a fee, as described in Exhibit A, for providing services authorized, a total fee not to exceed $359.620.00, (Three Hundred Fifty Nine Thousand Six Hundred Twenty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit D. 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The NE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit C. CITY OF CORPUS CHRISTI U - BA _ NGINEERING Oscar R. Martinez, Date ames L. Urban Assistant City Manager Authorized Representative 2725 Swantner Date 12 Corpus Christi, TX 78404 (361) 854 -3101 Office (361) 854 -6001 Fax Contract for Engineering (A/E) Services Page 2 of 3 RECOMMENDED Daniel Biles, P. E., Date Director of Engineering Services Foster Crowell /-fa-,1 Date Director of Wastewater Department APPROVED AS TO FORM Office of Management Date and Budget Legal Department ATTEST Date Armando Chapa, City Secretary Project No, E10048 Fund Source No, Encumbrance No. Contract for Engineerin. E) Services Page 3 of 3 EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS 1. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer -NE will: It is the intent of the Preliminary Phase to provide an evaluation of existing conditions and develop project scope with written description of the project and preliminary estimate of probably cost. This investigation shall include: a. Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in a minimum of two (2) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. b. Submit one (1) copy in an approved electronic format, and one (1) paper copies of the results of the evaluation with project scope and opinion of probable construction costs and review with City staff to produce an acceptable format which contains common municipal elements. Evaluation results will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The A/E will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements, and probable Project design solutions; (which are common to municipalities). 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 6) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates(s) and design alternatives. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). EXHIBIT "A" Page 1 of 7 b. The preliminary budget, specifying the funds available for construction; c. Through separate contract, related GIS mapping for existing facilities. d. A copy of existing studies and plans. (as available from City Engineering files). e. Field location of existing city utilities. (A/E to coordinate with City Operating Department). f. Provide applicable Master Plans. 2. Design Phase. Upon approval of the project scope, designated by receiving authorization to proceed, the NE will: a. Study, verify, and implement evaluation recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs and probable construction schedule. e. Furnish 1-copy preliminary plans (plans only - identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Required with the preliminary set of plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Furnish complete construction and bid documents including specifications for City staff review and approval. Provide 1 copy of pre -final complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants; EXHIBIT "A" Page 2of7 g. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the preliminary, pre -final and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc; h. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. i. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. j. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed; I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan, if necessary n. Perform the items as shown on Exhibit A -1. (Task List) The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a. Participate in the pre -bid conference. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions conceming the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. EXHIBIT "A" Page 3 of 7 The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre- construction meeting conference. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image- viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXHIBIT "A" Page 4 of 7 The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Topographic SurvevlField Investigation. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyor$' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 2. Construction Observation Services. Provide a project representative (PR) to provide periodic construction observation. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the Engineer 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 Engineer, and will confer with Engineer 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 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. b. PR shall communicate with CITY with the knowledge of and under the direction of the Engineer. 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. EXHIBIT "A" Page 5 of 7 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. c. 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. d. Report immediately to the CITY and Engineer 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. e. PR reviews quantities and returns request for payment to contractor for corrections o r approximate request with recommendation for payment. 8. 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 completion and issuance of the Notice of Acceptability of the Work. 3. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT "A" Page 6 of 7 2. SCHEDULE PROPOSED PROJECT SCHEDULE Day Date Activity Monday October 29, 2012 Begin Design Friday February 15, 2013 Prel. Submittal Friday March 8, 2013 City Review Friday May 10, 2013 Pre -Final Submittal Friday May 31, 2013 City Review Friday July 12, 2013 Final Submittal Monday July 22, 2013 Advertise for Bids Tuesday August 6, 2013 Pre -Bid Conference Wednesday August 21, 2013 Receive Bids Tuesday October 1, 2013 Contract Award Tuesday October 29, 2013 Begin Construction Tuesday October 28, 2014 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E a not -to- exceed fee as per the table below: C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $51,000 2. Design Phase $206,000 3. Bid Phase $14,000 4. Construction Phase $49,000 Subtotal Basic Services Fees 320,000 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) 0 2. ROW Acquisition Survey 0 3. Topographic Survey\Field Investigation 17,900 4. Construction Observation Services 17,600 5. Start-up Services 0 6. Warranty Phase 4,120 Sub Total Additional Services 39,620 Total Authorized Fee $359,620 The estimated cost of construction for Laguna Madre WWTP: 2013 Improvements (Project No. E10048) is $4,000,000. The basic services fee for the project is $320,000. Therefore, the percentage of basic engineering services cost to construction is 8.00 %. EXHIBIT "A" Page 7 of 7 EXHIBIT A -1 TASK LIST CITY OF CORPUS CHRISTI, TEXAS LAGUNA MADRE WASTEWATER TREATMENT PLANT 2013 IMPROVEMENTS (Project No. E10048) 1. Meet with Staff to identify project goals, timetables, and review project issues, for project implementation. 2. Develop an inventory of existing conditions and perform the required field investigations to define specific areas of concem. 3. Attend and participate in planning meetings (2 meetings) with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Wastewater Department staff. 4. Prepare evaluation with detailed scope of issues to be addressed and preliminary estimate of probable construction costs and make recommendation/review with City staff. 5. Provide necessary survey work (Additional Service) to locate existing utilities and structures in the area of the new structures. 6. Develop a Geotechnical Investigation Program for preliminary design and submit to City for Testing Laboratory selection. 7. Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 8. Provide project control and quality review of senior staff to insure project quality and completeness. 9. Develop project cost estimate, provide all submittals to the City and meet with staff to review draft submittals and final plans and make City requested amendments. 10. Prepare addenda, attend bid opening, review bids and provide recommendation to City. 11. Attend pre- construction meeting, review Contract Documents and respond to Contractor's questions. 12. Provide project administration services during construction (periodic visits to the project site) to insure compliance of Contractor with plans and specifications and, upon completion, make final inspections as well as an inspection after one year of completion for project warranty requirement. 13. Provide monthly status reports of progress to the City. EXHIBIT "A -1" Page 1 of 1 • EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (Revised September 2001) CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until he /she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY —OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -tem environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT [ ] REQUIRED [X] NOT REQUIRED BUILDERS' RISK See Section B-6 -11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6 -11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. EXHIBIT "B" Insurance Requirements Page 1 of 2 mprovements 1 October 23, 2012 City Council Presentation ....,"' 7 --P Till" '':"'1' t':' 7T --'-i;-„,;..t: ( ' -'' ' 't .=0:- . - '',. — , . ,- — f' h, 1- . - [ . _f ' ' - ■ ' ' a '''t 0 '... ' MI - — ow ..., ,..,. ......,.- r...„.33 ../...r.th..r.,,,, ■444cialiiiamitipoikag,......7....r.ir...._..4. _„„; - - t- _ _ r).7( i . .... .. — , — = . _ , ._ .,,, .„ ,, , - - --'-'4. . WASi,t*Att..,_ ir.,:, ,, , ,,,,,,- ,_ , ,t- , . , . -., - ---' 2 ' / • , _ ._ — _ _ _ _ ___ _ _ _ * ' I. , , _ 1 , , _ ,_ _ , _ 1 „„,, ...,....; .„...--_., i„ ,,,:mitWei#: f') II ' ' , -,-- _ r' 1(440.,..›,,,,.44: 07* ... --. / -' ;# ,' I -.''' 1 ,' ' t. C - - - LIFT STATION IMPROVEMENTS , ----. 1 - ' 4:: 4 , __., — _ . _ _ _ _ - -_ _ _ - --- RIMY tt - ., r '—',.— -/-1, I J J Lt I I , ,-. - 7 -,- : - - - , . 0- ...,-, - gig no TELESCOPE VALVE i, __,-,– .4-7 - _ .■-•--.--.4,., .,„_____, y ..__.....,..._,- .,4 , ...,T, NAMI NM , l't0- ' 1 GRIT SYSTEM IMPROVEMENTS 1 '-- - - Sill NU + R E P LACE M ENT " ----- -- , 4-- , . L - . .- - ,- `• f HA ... q j ' _ 7 : -1 ,,-.......,,,,! - -- _ .. 1. ,, , =um, , _f d , c :- ' , . :403ei,1:44 1 r ' 1.-4 1 -- — - -7 --- r.,---),-- '..- --' r-'-. - - BAR SCREEN IMPROVEMENTS F-- , ' _ -- . -„,,,J ,... ' , CH' LORINATION SYST EM - IMPROVEMENTS ' - k — - 1 — j , . r - , _ - - NEW MCC ROOM I., . - - , - ' 1 - , . [ jz,. _ . — - - - ,- - 1 r-1- [7:- I. ---- I.,--b■_ LAGUNA MADRE BAR SCREEN AND GRIT REMOVAL IMPROVEMENTS ENIGINEERINO --- - ..,FAACtaggy-'' IEFEMEMOIMERMISIMMEN IiiMINEPir - ^ - . . , , , ,_ , w OA CCI V .� 0 $4,375,000.00 Wastewater C I P FUNDS REQUIRED: 3, 260, 000.00 O O O Lo Lo O 00 00 O `O O Lo O O (Ni _ (Ni _ O O N- N ti 0 CD CO CO 0 ti CO O 0 N in or. O O or. O CO M Construction (preliminary estimate) Contingency (10 %) Consultant Fees: Consultant (Urban Engineering) * Reimbursements: $4, 3 Preparation /Award /Admin) Contract Administration (Contrac Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt) Construction Observation Services (estimate) Finance Reimbursements Misc. (Printing, Advertising, etc.) ESTIMATED PROJECT BUDGET BALANCE *Construction Observation Services to be negotiated at a future date Ir 1 Project Schedule 0 rsl %-1 0 r —1 0 0. CU) 2 0. 2 0 z t' 2 0. co 2 0 z Projected 24 Month Total Project Duration AGENDA MEMORANDUM for the City Council Meeting of October 23, 2012 DATE: TO: October 17, 2012 Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager WesP@cctexas.com (361) 826-3082 UPDATE TO CITY COUNCIL Corpus Christi Convention and Visitors Bureau Quarterly Report STAFF PRESENTER(S): Name 1. Wes Pierson Assistant City Manager Business Support Services 2. 3. Title /Position Department OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Keith Arnold CEO CC CVB 2. 3. 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'�' ca N 4- s. o a) x—' s_ ca 4- N ›' o moo,,, +1 41 t l- N o 43 r- o = o ft) = o 4- +1 1- s, N l• o • • • Le up = taz >)L. 0 N °Z) 41 CZ CZ L 6 L 2 4) --g— Le +1 awe Le a. O CZ a - 4 3 Z - • ki)= L cZ 4) AGENDA MEMORANDUM for the City Council Meeting of October 23, 2012 DATE: October 11, 2012 TO: Ron Olson, City Manager FROM: Foster Crowell, Director Wastewater FosterC@cctexas.com (361) 857 -1800 UPDATE TO CITY COUNCIL The City of Corpus Christi Wastewater Collection System STAFF PRESENTER(S): Name 1. Foster Crowell 2. 3. BACKGROUND Title /Position Director Department Wastewater The presentation is an update on the Wastewater Collection System. The aging infrastructure of the Wastewater Collection System which includes 1,260+ miles of pipe, 18,000+ manholes and 100 lift stations continues to be a major concern. Issues such as cracked or broken pipes, roots and debris in pipes and capacity issues during rain events have caused Sanitary Sewer Overflows (SSOs). LIST OF SUPPORTING DOCUMENTS: PowerPoint E co .—Cl) 4.. >, .N co L s = 0.2 cn t). m co o_ 0" O 1 /1 V V L `8 1 3 Cl) o co _c co 1— October 23, 2012 '60s '70s '70s — 8Os 1 nfrastructure a) co + 0 0 0 ce C 06 •F Q CU lfl • VI W CU • BEIM ME s V in a) • E + ko — 30% greater than 50 years old (378 Miles) — 77% Clay Pipe (970 Miles) 100 Lift Stations Major Challenges with Collection System — Cracked or Broken Pipe — Roots and Debris in Pipe — Grease in Pipes — Capacity Issues During Rain Events w OA 4-• E w V . -• N i OA • . - .I 4w OA 4w 9 Removing Debris I L I N > E cu OA 1C15 w to E O ca a 6 ii) 8471 Celm. i ♦,, C L 0 0 V) V a L ca co O co O bll0 V O L • OW O co 2 +r w 15 i PII 1 0 . co V▪ I CD O. - oc 0- 30 0 u u U 0 0 N m r-I N (/) can . ca ca eL 1 1 Shift from Reactive 0 0 c \V 0 g $2.5 Million Operating Dollars Dedicated to CCTV Annually Proactive Repair and Capacity Improvements O O U) N O O O N O Jan - Aug 2012 l-1 l-1 0 N 0 r-I O N O O N Questions? October 23, 2012 AGENDA MEMORANDUM for the City Council Meeting of October 23, 2012 DATE: October 12, 2012 To: Ron Olson, City Manager FROM: Oscar Martinez OscarM @cctexas.com (361) 826 -3235 UPDATE TO CITY COUNCIL Plastic Bag Presentation 111 STAFF PRESENTER(S): Name 1. Oscar Martinez 2. Lawrence Mikolajczyk 3. Angela Gonzalez BACKGROUND Title /Position Department Assistant City Manager Executive Offices Director Solid Waste Operations Special Assistant Clean City /Pride This will be the 3rd presentation to update City Council on the status of plastic bags in the City of Corpus Christi's Recycling stream. 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Z CY 7-ti AGENDA MEMORANDUM Future Item for the City Council Meeting of October 16, 2012 Action Item for the City Council Meeting of October 23, 2012 DATE: TO: October 4, 2012 Ronald L. Olson, City Manager THRU: Eddie Ortega, Director EddieO(ccctexas. com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com 826.3021 Board of Director's Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) PURPOSE: To provide a loan commitment for the Palms at Leopard project and the Hacienda Senior Apartments project from HOME funds which have previously been appropriated to the projects. BACKGROUND AND FINDINGS: The CCCIC has appropriated funding requested for the Palms at Leopard and Hacienda Senior Apartments. The motion will be to approve the loan commitment terms for both projects subject to the execution of the funding agreements for each. Both projects applied and received Housing Tax Credits from the Texas Department of Housing and Community Affairs. In order to secure the HTC's, the projects must receive a firm commitment from the local government of the project locations. Two motions will be provided for Hacienda Senior Apartments. Option 1 "A" motion is for the original amount of HOME funds requested in the amount of $120,000 with the loan terms identified as 1% interest for a 30 -year term to be amortized over a 30 year period paid from net cash flow. The funding amount for Option 1 "A" motion was approved by City Council on April 24, 2012 in the FY2012 Consolidated Annual Action Plan. Option 2 "B" motion is a funding request for the same project in the amount of $500,000 with the loan terms identified as 1% interest for a 30 -year term to be amortized over a 30 year period paid from net cash flow. The additional funds requested are to cover a shortfall in funds from the original projected cost of the project. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY / NON - EMERGENCY: Non - Emergency. This item requires only one meeting of the CCCIC Board. DEPARTMENTAL CLEARANCES: Neighborhood Services and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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: N/A RECOMMENDATION: Recommendation is requested to approve the loan commitment terms for both projects to secure TDHCA funding. The Neighborhood Services Department recommends the passage of Option 2 "B" (request for additional funding in the amount of $380,000 for a total funding amount of $500,000) for the Hacienda Senior Apartments Project. With new guidelines imposed on participating jurisdictions (City of Corpus Christi) on when to timely expend federal funds (committed within two years and expended within four), the increase in this expenditure will assist the City of Corpus Christi's Community Development Division in fulfilling its spending requirements for HOME funds that have been established by the U.S. Department of Housing and Urban Affairs as the funds being committed were received during the 2011 funding cycle. Failure to meet established spending requirements could result in the returning of HOME funds to the U.S. Treasury. LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Minutes of September 25, 2012 Board Meeting AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, October 23, 2012 TIME: During the meeting of the City Council beginning at 12:00 noon. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1 Call Meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice - President Joe Adame Larry Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Mark Scott Kelley Allen Officers Ron L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of the minutes of September 25, 2012 4. Financial Statement 5. Motion to approve a loan commitment of $865,000 for the Palms at Leopard project, loan to be made from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 1`)/0 interest for a 20 -year term with payments amortized over 30 years and paid from available net cash flow, subject to execution of the funding agreements. 6. Option 1 A. Motion to approve a loan commitment of $120,000 for the Hacienda Senior Apartments Project, loan to be made from funds provided through the U. S. Department of Housing and Urban Development HOME Program at 1`)/0 interest for a 30 -year term with payments amortized over 30 years and paid from available net cash flow, subject to execution of the funding agreement; OR Option 2 B. Motion to approve a loan commitment of $500,000 for the Hacienda Senior Apartments Project, loan to be made from funds provided through the U. S. Department of Housing and Urban Development HOME Program at 1`)/0 interest for a 30 -year term with payments amortized over 30 years and paid from available net cash flow, subject to execution of the funding agreement; Department Recommendation: The Neighborhood Services Department recommends the passage of Option 2 "B" (request for additional funding in the amount of $380,000 for a total funding amount of $500,000) for the Hacienda Senior Apartments Project. The increase in this expenditure will assist the City of Corpus Christi's Community Development Division in fulfilling its spending requirements for HOME funds that have been established by the U.S. Department of Housing and Urban Affairs; failure to meet established spending requirements could result in the returning of HOME funds to the U.S. Treasury. 7 Public Comment 8. Adjournment MINUTE S CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION September 25, 2012 1:00 P.M. PRESENT Board of Directors Nelda Martinez, President Chris N. Adler, Vice - President Priscilla Leal David Loeb John E. Marez Mark Scott Kelley Allen ABSENT Joe Adame Larry Elizondo, Sr. Officers Ronald L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treasurer President Martinez called the meeting to order in the Council Chambers of City Hall at 1:00 p.m. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Martinez called for the approval of the minutes from the September 11, 2012 meeting. Mr. Loeb made a motion to approve the minutes as presented, seconded by Ms. Adler, and passed. President Martinez opened discussion on Item 4, Appointments to the Loan Review Committee. Mr. Chapa explained that there were now six (6) vacancies, 2 — representing a Professions category (Legal, Real Estate, General Contractor /Remodeler/Homebuilder, Architect, Engineer, or Residential Home Designer), 1— Financial Institution representative, 3 — Community At Large. Appointments made by the Board of Directors include the following: 1. Ben Molina (Architect/Homebuilder) 2. Robert C. Pate (Legal) 3. Herbert Schueneman (Financial Institution) 4. Cathy Mehne (At Large) 5. Monique Espinosa (At Large) 6. Dalia Garcia (At Large) President Martinez called for public comment. Comments were made by Mr. Abel Alonzo, 1701 Thames, stating he appreciates the CCCIC/Loan Review Committee's great efforts in helping the community and also the work of the Community Development Staff. There being no further business to come before the Board, President Martinez adjourned the meeting at 1:05 p.m. on September 25, 2012. # ## CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET August 31, 2012 ASSETS Loan Program Special Project HOME Program Fund Fund Fund Total Cash and investments 1,998,081 30 163,267 2,161,378 Due from U S Government/Other Fund 1,250 253,549 261,669 516,468 Mortgages receivable 8,941,172 0 4,991,701 13,932,873 Accrued interest receivable 10,198 0 0 10,198 Account receivable 0 0 0 0 Leasehold improvements (net of accumulated amortization) 0 0 0 0 Investment in property (net of accumulated depreciation) 103,128 21,047 0 124,175 Total assets 11,053,829 274,626 5,416,637 16,745,092 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 0 0 0 0 Deposits 101,082 0 0 101,082 Due to other funds 515,219 0 135,381 650,600 Total liabilities 616,301 0 135,381 751,682 Fund Balance: Reserved for mortgages 8,941,172 0 4,991,701 13,932,873 Reserved for Investments 103,128 21,047 0 124,175 Unreserved 1,393,228 253,579 289,555 1,936,362 Total fund balance 10,437,528 274,626 5,281,256 15,993,410 Total liabilities and fund balance 11,053,829 274,626 5,416,637 16,745,092 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR MONTH ENDING AUGUST 31, 2012 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Government 0 0 515,663 515,663 Interest on Ioans 0 13,549 13,266 26,815 Interest on investments 13 0 3 16 Rental income 0 0 0 0 Miscellaneous 0 0 0 0 Total revenues 13 13,549 528,932 542,494 Expenditures: Grants 0 0 0 0 Warranty Work 0 0 0 0 Community Development administration 0 0 0 0 Loan processing 0 0 215,103 215,103 Accounting services 73,801 0 0 73,801 Interest expense 0 0 0 0 Miscellaneous 0 0 0 0 Accumulated amortization- 0 0 0 0 forgivable Ioans 0 0 0 0 leasehold improvements 0 0 0 0 Accumulated depreciation - building 631 0 0 631 Total expenditures 74,432 0 215,103 289,535 Excess of revenues over expenditures (74,419) 13,549 313,829 252,959 Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 0 0 0 0 Transfer To CDBG 0 0 0 0 Total other financing sources(uses) 0 0 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses (74,419) 13,549 313,829 252,959 Fund balances at July 31, 2012 10,511,947 261,077 4,967,427 15,740,451 Fund balances at August 31, 2012 10,437,528 274,626 5,281,256 15,993,410