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HomeMy WebLinkAboutAgenda Packet City Council - 02/26/2013[ g Tuesday, February 26, 2013 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com 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 12:00 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 Nelda Martinez to call the meeting to order. B. Invocation to be given by Bill Word. 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. 13- 000182 Certificate of Commendation to P. Gail Anderson, PE Recognition of the Hotel Occupancy Tax Fund Arts Grant Recipients for 2013 chosen by the Arts & Cultural Commission Proclamation declaring February 24 - March 2, 2013 as "Peace Corps Week" Proclamation declaring February 28, 2013 as "Larry Elizondo, Sr. Day" Proclamation declaring March 2013 as "Women's History Month" Proclamation declaring March 1, 8, and 15, 2013 as "Fill- the -Boot for Muscular Dystrophy Association" Proclamation declaring March 3 - 9, 2013 as "Women in Construction Week" Proclamation declaring March 7, 2013 as "Risk Management Awareness Day" Corpus Christi Page 1 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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 SHOWANY 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. G. EXECUTIVE SESSION: (ITEM 2) 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. 2. 13- 000199 Executive session pursuant to section 551.087 of the Texas Government Code to discuss or deliberate issues regarding commercial information that the City has received from a business prospect that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City is conducting economic development negotiations, with possible discussion and action in open session. H. MINUTES: 3. 13- 000183 Approval of Meeting Minutes - February 19, 2013. Attachments: Minutes - February 19, 2013 I. BOARDS & COMMITTEE APPOINTMENTS: J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or Corpus Christi Page 2 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 K. CI 5. 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. CONSENT AGENDA: (ITEMS 4 - 23) 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. 6. 13- 000102 Corpus Christi Supply Agreement for hot tap fittings for repairing or adding pressurized natural gas lines Motion approving a supply agreement with M.T. Deason Company, Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI- 0052 -13 based on only bid for an estimated annual expenditure of $69,257.50, of which $40,400.21 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 Gas Department in FY 2012- 2013. Attachments: Agenda memo - Hot Tap Fittings.pdf Service agreement for uniformed guard security services for specific City buildings Motion approving a service agreement with Eddie Garza Security & Investigations, of Corpus Christi, Texas for uniformed guard security services for City Hall, Frost Bank Building, Central Library, Ben F. McDonald Library, Janet F. Harte Library and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI- 0035 -13 based on lowest local bid for an estimated twelve month expenditure of $296,186.63 of which $123,411.10 is required for the remainder of FY 2012 -2013. The term of the agreements shall be for twelve months with options to extend for up to two additional twelve months periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2012- 2013. Attachments: Agenda memo - Uniformed Guard Security Services.pdf Authorizing State grant application submission for assisting Page 3 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 victims of crime Resolution authorizing the submission of a grant application in the amount of $79,188.69 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $16,964.54 and $4,000 in -kind services, for a total project cost of $100,153.23; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Attachments: Agenda memo - VOCA 02.12.2013 7. 13- 000109 Authorizing State grant application submission to State for direct services to victims of crime Resolution authorizing the submission of a grant application in the amount of $67,660.55 to the State of Texas, Criminal Justice Division. For funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to establish a Victim Outreach Program with a city match of $13,533.07 and $3,000 in -kind services, for a total project cost of $84,193.62; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Attachments: Agenda memo - VOCA Victim Outreach 02 12 2013 8. 13- 000103 Authorizing State grant application submission to State for reducing and preventing violence against women Resolution authorizing the submission of a grant application in the amount of $47,351.74 to the State of Texas, Criminal Justice Division. For funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $16,573.28 and $5,400 in -kind services, for a total project cost of $69,325.02; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Attachments: Agenda memo - VAWA 02.12.2013 .: 0 r • 9. 13 -00058 Approving amendment no. 2 to professional services contract for water supply study to include gas line and Municipal Information Systems conduit from Laguna Shores Boulevard to Padre Island Drive Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $182,976.00, for Corpus Christi Page 4 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 a total restated fee not to exceed $597,216.00, for the Padre Island Water Supply Study. Attachments: Agenda memo - PI Water Supply Schedule a •py Project Budget - P1 Water Supply 10. 13- 000101 Construction Contract for removing ammonia from reclaimed water to meet Texas Commission of Environmental Quality (TCEQ) permit criteria for ammonia Motion authorizing the City Manager, or designee, to execute a Construction Contract with CSA Construction of Houston, Texas in the amount of $3,461,025.00, for Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) - Phase 1. Attachments: Agenda memo - Oso WRP r • fI* • = .. lumm 11. 13- 000106 Appointing Council Members to the Corpus Christi Housing and Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Members Nelda Martinez, Kelley Allen, Rudy Garza, Priscilla Leal, David Loeb, Chad Magill, Colleen McIntyre, Lillian Riojas and Mark Scott as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. Attachments: Agenda memo - CCHFC and CCIDC 12. 13- 000110 Appointing Council Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation boards Motion appointing Council Members Nelda Martinez, Kelley Allen, Rudy Garza, Priscilla Leal, David Loeb, Chad Magill, Colleen McIntyre, Lillian Riojas and Mark Scott as Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. Attachments: Agenda memo - CBHFDC & CBCFFC 13. 13 -00076 Second Reading Ordinance - A change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District, at 7201 Corpus Christi Page 5 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 Brooke Road (1st Reading 2112113) Case No. 0113 -01 Brooke Tract, L.P.: 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 is described as 39.99 acres out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Rodd Field Road and Brooke Road. Planning Commission and Staff Recommendation (January 16, 2013): 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 Brooke Tract, L.P. ( "Owner"), by changing the UDC Zoning Map in reference to 39.99 acres out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - 0113 -01 , Brooke Tract Revised - + k «•- 14. 13 -00008 Second Reading Ordinance - Adopting a local amendment to the 2009 International Residential Code (IRC) that establishes a fire separation distance equal to the one that was required by the 2003 IRC (1st Reading 2112113) Ordinance amending the Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 8, "Residential Code," Section 14 -291, "Residential construction code," by creating new subsection (6.1) pertaining to Section R302.1 of the International Residential Code for One- and Two - Family Dwellings, which relates to exterior walls and fire - resistant construction, in order to establish new exception language and include modifications to the applicable table. Attachments: Agenda memo - Proposed Amendment to Sect 302.1 of the 2009 IRC f * .11"F .i'Cir1 InoxM- . F rorg ""li igai6— iTJI= 15. 13- 000115 Second Reading Ordinance - Adopting the 2009 International Fire Code with local amendments (1st Reading 2112113) Corpus Christi Page 6 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 Ordinance adopting the International Fire Code, 2009 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda memo - Fire Code C•7T• �1l "iTiT'f- ,�►.T�I�1*7�Ii�K•T[ca 16. 13 -00091 Second Reading Ordinance - Agreement for use of McGee Beach for music event (1st Reading 2112113) Ordinance authorizing the City Manager or designee to execute an Agreement with Elizabeth Guarneri for use of McGee Beach for music event to be held on March 16, 2013 and March 17, 2013. Attachments: Agenda memo - Beach Fest Admission Fees 2013 ,* ,• 11 • •- - �• �u ^• y 17. 13 -00092 Second Reading Ordinance - Accepting and appropriating State grant funds and regional cash match funds for parking lot improvements at the Billings and Clems Boat Ramp; amending project agreement to increase federal grant funds and include lease as local match (1st Reading 2112113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate funding in the amount of $25,000 from the Saltwater- fisheries Enhancement Association and $674,710 in additional federal funding for the Clem's and Billing's Boat Ramp renovations in the No. 1067 Park and Recreation Grants Fund; authorizing the City Manager or designee to execute Amendment to Project Agreement with Texas Parks and Wildlife Department for Clem's and Billing's Boat Ramp renovations to increase federal grant funds $674,710 and include 25 year lease with Texas General Land Office as local match; and amending the FY 12 -13 Capital Budget adopted by Ordinance No. 029565 by increasing proposed revenues by $699,710. Attachments: Agenda memo - Billings & Clems grant amendment amendment 0 +• • • lot 18. 13 -00093 Second Reading Ordinance - Accepting and appropriating State grant and City matching funds for wildlife refuge improvements (1st Reading 2112113) Corpus Christi Page 7 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 Ii F] 20. 21 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of $100,000 from the Texas General Land Office for Hans and Pat Suter Wildlife Refuge improvements in the No. 1067 Park and Recreation Grants Fund with City matching funds of $66,667.00 in the No. 4720 Community Enrichment Fund for total project amount of $166,667.00. Attachments: Agenda memo - GLO CMP 17 grant for Hans &Pat Suter Park 13 -00094 Second Reading Ordinance - Accepting and appropriating State grant for elderly nutrition home delivered meals (1st Reading 2112113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $140,220.79 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. Attachments: Agenda memo - Texans Feeding Texans Grant 2013 13 -00031 Second Reading Ordinance - Amending the Capital Improvement Budget and ratifying Change Order No. 5 for improvements at the Airport (1st Reading 2112113) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E10075 Corpus Christi International Airport Communications Center, Perimeter Security, Standby Generator, and Commercial Aviation Lighting Upgrades; increasing expenditures in the amount of $170,404.21; and ratifying Change Order No. 5 to the Construction Contract with Beecroft Construction, Ltd. of Corpus Christi, Texas in the amount of $170,404.21, for a total restated fee not to exceed $2,943,053.09, for the Corpus Christi International Airport Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Lighting Upgrades. Attachments: Agenda memo - Change order no. 5 Airport Change • e Airport • •- Order + 5 Airport Location Map - change Order no. 5 Airport.p Second Reading Ordinance - Amending lease agreement to exclude subsidiary from On- Airport Rental Car Consession and Corpus Christi Page 8 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 Lease for airport (1st Reading 2/12/13) Ordinance authorizing the City Manager, or designee, to ratify an amendment to the On- Airport Rental Car Concession and Lease Agreement with The Hertz Corporation for the operation of a car rental concession at the Corpus Christi International Airport ( "Airport ") to exclude former Hertz subsidiary Simply Wheelz, L.L.C. as a party. Attachments: Agenda memo - Hertz Amd 1 -24 -13 22. 13 -00031 Second Reading Ordinance - Amending rental car concession and lease agreements with each rental car agency located at the airport (1st Reading 2/12/13) Ordinance authorizing the City Manager, or designee, to execute a First Amendment to the On- Airport Rental Car Concession and Lease Agreement with each 1) EAN Holdings, LLC, a wholly owned subsidiary of Enterprise Holdings, Inc. dba Alamo Rent A Car and National Car Rental ( "Alamo /National "), 2) Coastal Bend Rent -A -Car dba Avis Rent -A -Car ( "Avis "), 3) DTG Operations, Inc. dba Dollar Rent -A -Car and Thrifty Car Rental ( "Dollar /Thrifty "), 4) EAN Holdings, LLC, a wholly owned subsidiary of Enterprise Holdings, Inc. dba Enterprise Rent -A -Car ( "Enterprise "), and 5) The Hertz Corporation ( "Hertz ") to lease space in the Quick Turn Around Facility ( "QTA ") located at the Corpus Christi International Airport ( "Airport "), in consideration of a base rent to be offset as applicable by revenues collected via a Customer Facility Charge, each for a term of five (5) years. Attachments: Agenda memo - RACs v2 t • reement - EAN Holdings, LLC Alamo-National RAC - First Amendment.pdf t • _ Bend Inc.-Avis-RAC-7-First • • •. Amendment.pdf Agreement a • • Enterprise RAC - First t = • ^' pd Agreement R AC - First Amendment revised.pdf 23. 13- 000137 Second Reading Ordinance - Amending the City Code of Ordinances regarding Mayoral appointments to audit committee, period for audit reports follow -up, peer review effective date and process for filling City Auditor vacancy (1st Reading 2/12/13) Ordinance amending Chapter 12 %2 of the City Code of Ordinances regarding City Council Audit Committee, Audit follow -up reports, Peer Corpus Christi Page 9 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 L. 24 25 review, and City Auditor vacancy and selection process. Attachments: Agenda memo - Amendment Auditor Ordinance PUBLIC HEARINGS: (ITEMS 24 - 28) 13- 000122 Public Hearing and First Reading Ordinance -A change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District, at 10625 Gettysburg Street. Case No. 0113 -02 Jose Luis Martinez and Frances Martinez: A change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from park to low density residential. The property is described as Jackson Woods Subdivision Unit 1, Block G, Lot 17, located on the southeast corner of Gettysburg Street and Peach Tree Street. Planning Commission and Staff Recommendation (January 30, 2013): Approval of the change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District. Ordinance: Ordinance amending the Unified Development Code ( "UDC') upon application by Jose Luis Martinez and Frances Martinez ( "Owners "), by changing the UDC Zoning Map in reference to Lot 17, Block G, Jackson Woods Subdivision Unit 1, from the "ON" Office District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - Jose and Frances Martinez 9131m, 0�4�4111IEEMUT Map - Aerial Overview 13- 000107 Public Hearing and First Reading Ordinance - Amending the Unified Development Code to allow City Staff to execute standard deferment agreements to expedite recordation of plats and issuance of building permits Ordinance amending the Unified Development Code ( "UDC') by revising subsections 8.1.10. and 8.1.11. relating to the designation of authority under Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security and Technical Compliance; providing for severance, penalties, and publication. • .• • *:. RIEWIM Corpus Christi Page 10 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 26. 13- 000138 Public Hearing and First Reading Ordinance - Amending the Unified Development Code (UDC) regarding public notices, special permits and setbacks to improve the effectiveness of the UDC Ordinance amending the Unified Development Code by revising subsections 3.1.7.C.1 and 3.1.7.C.4 - public notice requirements, subsection 3.3.3.0 - City Council final action on rezonings, section 3.6 - special permits, subsection 3.18.4 - building permit expiration, subsection 3.24.1 - applicability of administrative adjustments, table 4.4.3.A - setbacks in two - family and townhouse zoning districts, table 4.4.3.13 - setbacks in multifamily zoning districts, table 4.5.2 - permitted uses in commercial zoning districts, table 5.1.4.1 - vehicle sales and service uses, subsection 5.3.1.J - accessory uses and structures, subsection 5.4.3.G - banners for temporary promotional events, subsection 7.5.13.E - institutional signs, and subsection 7.5.20.D - temporary and portable signs allowed in nonresidential districts; and providing for severance, penalties, and publication. t.- 27. 13- 000152 Public Hearing and First Reading Ordinance on proposed assessments for Vaky Street, Ivy Lane, and Clare Drive; amending the Capital Improvement Budget and awarding construction contract Public Hearing on proposed assessments for Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne Road, and Clare Drive from South Padre Island Drive to McArdle Road (the "Project "); Ordinance finding and determining that the property abutting said streets will be specifically and specially benefitted and enhanced to an amount at least equal to the cost to each property owner; levying and imposing assessments totaling $191,716.44 against property abutting the improvements for the Project; fixing corresponding liens on property and charges against property owners; adopting the attached Preliminary Assessment Roll; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures; amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to transfer $99,217.38 in unspent Storm Water funds and $48,592 in unspent Water funds from the Rodd Field /Yorktown Intersection at Airline Road project to the Project; increasing expenditures in the amount of $147,809.38; and authorizing the City Manager to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,381,270.55 for the Project for the Base Bid and Additive Alternates 1 and 2. (Bond Issue 2008) Corpus Christi Page 11 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 Attachments: Agenda memo - Pave Assess Vaky Ivy Clare 28. 13- 000133 Public Hearing and First Reading Ordinance - Amending the Unified Development Code relating to street design standards Ordinance amending Articles 1 and 8 of the Unified Development Code relating to design standards, criteria, and requirements for street design; requiring compliance with design standards issued by the City Engineer; requiring street design for a 30 -year life level of service; and providing for severance, penalties, and publication. Attachments: Agenda memo - UDC ` - • R- s �, r M. FIRST READING ORDINANCES: (ITEMS 29 - 37) 29. 13- 000170 First Reading Ordinance - Establishing a Street Maintenance Fee Ordinance establishing a street maintenance fee to be implemented by policies, rates, and methodologies established by separate ordinance. Attachments: Agenda Memo - Ordinance establishing Street Fee "I'm a 30. 13- 000171 First Reading Ordinance - Establishing policies, methodologies and rate to be charged for implementing the Street Maintenance Fee Ordinance establishing rates, policies and methologies to implement Street Maintenance Fee. 31. 13- 000112 First Reading Ordinance -Authorizing a loan and appropriating funds from the General Fund to the Public Health and Safety Fund to build out the second floor of the Public Safety Warehouse; amending the Capital Improvement Budget Corpus Christi Page 12 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 Ordinance advancing $1,000,000 in cash from the No. 1020 General Fund and appropriating it in the No. 3350 Public Health & Safety Fund as a loan to fund the Police Public Safety Warehouse Project No. 140252; loan to be repaid from the No. 1061 Law Enforcement Trust Fund in the amount of $250,000 per year for four years at a simple interest rate of 4% annually; and amending the FY2012 -2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $1,000,000. Attachments: Agenda memo - PSW approp 02 26 2013 32. 13 -00074 First Reading Ordinance - Amending easement rights to allow San Patricio Municipal Water District to install an additional potable waterline across City owned land in San Patricio County Ordinance authorizing the City Manager or designee to execute an instrument which amends the original Waterline Right -of -Way Easement granted to Reynolds Metals Company, whose easement is now owned and operated by the San Patricio Municipal Water District ( SPMWD), for the purpose of permitting SPMWD to install an additional potable waterline, not to exceed 12- inches in diameter, in the original easement and to permit realignment and centering of their original easement with the centerline of their existing 24 -inch diameter waterline, all within the City's 8.646 acre tract located approximately 3 miles southwest of Odem, Texas. Attachments: Agenda memo - ROW Easement • .- .. . .< Ordinance 33. 13 -00099 First Reading Ordinance - Amending the Capital Improvement Budget; amending a professional services agreement to extend the East General Aviation Apron Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to accelerate Project No. E12156B Construct East General Aviation Apron from Fiscal Year 2015 to 2013; increasing expenditures in the amount of $250,000.00; and authorizing the City Manager or designee to execute Amendment No. 14 to a Professional Services Agreement with KSA Engineers, Inc. of Longview, Texas, in the amount of $140,000.00 for the Design of the East General Aviation Apron Extension. Corpus Christi Page 13 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 Project Budget -Airport Amend 14 Contract - E GA Reconstruction Amend 14.pdf • • -Airport _ d Location Map - E GA Reconstruction Amend 14.pdf 34. 13- 000150 First Reading Ordinance - Approving reimbursement agreement and appropriation for a water distribution main line for a proposed warehouse development Ordinance authorizing execution of a distribution main extension construction and reimbursement agreement ( "agreement ") with 15T Investments, LLC ( "Developer "), for the construction of a distribution waterline and appropriating $26,290.60 from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer in accordance with the agreement Attachments: Agenda Memo - 15T Waterline Reimbursement Agreement, 3 -19 -13 35. 13- 000113 First Reading Ordinance - Amending the Code of Ordinances to establish the process for managing the International Energy Conservation Code pertaining to inspection agencies, submission methods and submission time frames Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article 11, "City of Corpus Christi Technical Construction Codes," Division 4, "ENERGY CONSERVATION CODE," Section 14 -251, "Energy conservation code," by adding provisions for approved inspection agencies, a submission method, and a submission time frame for test results; providing for severance, penalties, publication, and an effective date. a i i 36. 13- 000143 First Reading Ordinance - Amending the operating budget to rebate excess funds contributed for General Liability and Workers' Compensation; appropriating funds for construction of a safe shelter during emergencies Ordinance amending the Fiscal Year 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by adjusting expenditures and revenues in the General Fund and various Enterprise, Internal Service and Special Revenue Funds, by increasing expenditures by $6,600,000 Corpus Christi Page 14 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 and increasing revenues by $6,600,000 to rebate excess funds contributed for General Liability and Workers' Compensation; and, appropriating $600,000 of the unreserved fund balance in the General Fund as part of the Texas Safe Shelter Initiative, for the construction of a domed structure to be used by the City of Corpus Christi, Texas as a community safe room for protection from emergencies. Attachments: Agenda memo - Rebate of excess fund balance • i •A •I 'a' 37. 13- 000145 First Reading Ordinance - Appropriating State cable franchise funds for capital equipment related to Public, Education and Government Access Channels Ordinance appropriating $142,645.50 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $142,645.50. Attachments: Agenda memo - Appropriate PEG funds L N xrl11111 WA zliTel NI L1 I 97imixf-Iff, Ii The following items are motions, resolutions and ordinances that will be considered and voted on individually. 38. 13 -00096 Second Reading Ordinance - Amending City code to establish Tree Advisory Committee and list minimum standards for tree planting and management on public property (1st Reading 2112113) Ordinance amending the City Code of Ordinances to establish the Tree Advisory Committee and include provision to address diseased trees. Attachments: Agenda memo - Tree Care Ordinance INTAWA V•"71[i +i[7itd #I?�?llsY ±l 39. 13- 000114 Resolutions supporting local affordable housing developments; acknowledging their applications for low income housing tax credits to State and local support for HOME funds (Related Items 39- 41) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Woodland Creek Apartments to be developed by TG 110, Inc. Corpus Christi Page 15 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 40 41 N 42. 43 13- 000135 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Lexington Manor Apartments to be developed by TG 110, Inc. Attachments: Agenda Memo- Lexington Manor HOME FY2013 Projects Lexington Manor Resolution Februant2013v2 13- 000136 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Riverstone Apartments to be developed by MDS Housing Corpus Christi, Ltd. Attachments: Agenda memo - Riverstone Apartments for HOME FY2013 Projects Resolution - Rive rstone Apartments February2013v2 FUTURE AGENDA ITEMS: (ITEMS 42 - 52) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13 -00026 Supply agreements for water treatment chemicals used for treatment of potable drinking water at the O. N. Stevens Water Treatment Plant Motion approving supply agreements with the following companies, for the following amounts for water treatment chemicals in accordance with Bid Invitation No. BI- 0050 -13, based on lowest responsible bid for an estimated annual expenditure of $522,502.00 of which $261,251.00 is budgeted for the remainder of FY 2012 -2013. The terms of the contract will be for one year with options to extend for up to three additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2012 -2013. Mosaic Crop Nutrition Polydyne Inc. Lithia, FL Riceboro, GA Hydrofluorosilicic Acid Liquid Cationic Polymer $140,182.00 $382,320.00 Grand Total: $522,502.00 Attachments: Agenda memo - Water Treatment Chemicals. 13 -00073 Service Agreement for wrecker services for City owned vehicles Motion approving a service agreement with Apollo Towing, of Corpus Christi, Texas for wrecker service for City owned vehicles in accordance with Bid Invitation No. BI- 0060 -13 based on only bid for an estimated Corpus Christi Page 16 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 twelve month expenditure of $93,852.50 of which $39,105.21 is required for the remainder of FY 2012 -2013. The term of the agreement will 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 his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2012- 2013. Attachments: Agenda Memo - Wrecker Service.pdf 44. 13- 000184 Amending financial policies and providing financial policy direction on preparation of the annual budgets Resolution amending financial policies adopted by resolution 029521 and providing financial policy direction on preparation of the annual budgets Agenda r for r + e Policy Amendment Resolutio r 45. 13- 000153 Adopting the Corpus Christi Bayfront Master Implementation Plan and Schematic Design; adding a bond proposition for construction in November 5, 2013 election; approving professional services contract amendment and testing agreement for Destination Bayfront project (BOND 2008) 2ANNEWM011111T.121 Resolution approving and adopting the Corpus Christi Destination Bayfront Master Implementation Plan and Schematic Design, including the phasing plan outlined in the Schematic Design, prepared by Hargreaves Associates (the Project); directing staff to add a bond proposition for construction in the November 5, 2013 Election; authorizing the City Manager or designee to execute a contract amendment for $1,936,300.00 with Hargreaves Associates for design development of the Project; and authorizing the City Manager or designee to execute a contract amendment for $102,500.00 with Rock Engineering &Testing Laboratory for testing for the Project. (BOND 2008) Attachments: Agenda memo - Bayfront Development Phase 3 Construction contract for a waterline adjustment under the east Corpus Christi Page 17 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 47 48 49. bound On -Ramp at Carbon Plant Road and IH 37 Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Taft, Texas in the amount of $79,575.45 for the Base Bid of Bore and Case a 16 -Inch Water Adjustment under the east bound On -Ramp for I 37 at Carbon Plant Road and 1H 37. Attachments: Agenda memo - Bore and Case 13- 000147 Amending consulting agreement to capture department and stakeholders input for future revised City Standard Specifications used in City construction contracts Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Small Architect /Engineer Consultant Agreement with Naismith Engineering Inc., of Corpus Christi, Texas in the amount of $92,740.00 for a re- stated fee not to exceed $142,390.00 for the City Standard Specifications Review. Attachments: Agenda memo - Standard Specs ... - . •. „ 13 -00078 Construction agreement for lighting improvements along Aquarius Street to include medians and Commodores Drive median Motion approving a Contribution -In- Aid -Of- Construction Agreement with American Electric Power (AEP) in the amount of $ 89,974.42, for the installation of Aquarius Street Lighting Improvements. Attachments: Agenda memo - Aquarius !- • + • 13- 000144 Professional services contract amendment no. 1 for 2 new pumps for the Staples Street Water Pumping Plant Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $129,070.00, for a total restated fee not to exceed $216,470.00 for Staples Street Pumping Plant New 10 MGD Pumps. Corpus Christi Page 18 Printed on 2/25/2013 City Council Meeting Agenda - Final February 26, 2013 Attachments: Agenda memo - Staples St Project Budget - Sta. ; Contract - Staples Street P. • Plant Location Map - Staples _ Pumping Pl •♦ Presentation - Staples 50. 13- 000100 Professional services contracts for wastewater collection system infrastructure repair /replacement in six wastewater plant service basins Motion authorizing the City Manager or designee to execute contracts for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program ( "Program" or "Project "): a construction contract with National Power Rodding Corp. of Chicago, Illinois in the amount of $5,500,000.00; a contract for professional services with LNV, Inc. of Corpus Christi in the amount of $162,950.00; a contract for professional services with Coym, Rehmet & Gutierrez, Engineering, L.P. of Corpus Christi in the amount of $120,880.00; and a contract for professional services with Urban Engineering of Corpus Christi in the amount of $120,880.00. Attachments: Agenda memo - IDIQ Project Budget - CjtV -WVide IDIQ Location Map - CitV -Wide IDIQ.pdf Contract LNV - City Wide IDIQ.pdf Contract CRG- City Wide IDIQ.pdf Contract Urban- City Wide IDIQ.pdf Presentation - CiW WUde IDIQ 51. 13- 000151 Wastewater Line Construction and Reimbursement Agreement for property located at the south side of State Highway 44, east of Heinsohn Road and west of North Padre Island Drive Motion approving the Sanitary Sewer Collection Line Construction and Reimbursement Agreement submitted by 15T Investments LLC ( "Developer /Owner "), in the amount of $63,794.00 for property located at the south side of State Highway 44; east of Heinsohn Road and west of North Padre Island Drive (SH 358), including all related appurtenances. City Council Meeting Agenda - Final February 26, 2013 Motion authorizing the City Manager, or designee, to enter into a parking Facilities Management Agreement with Republic Parking System, Inc. ( "Republic ") to manage, operate, maintain, and collect revenues for the City of Corpus Christi ( "City ") from parking facilities located at the Corpus Christi International Airport, in consideration of a management fee of $9,583 per month to be paid to Republic by the City, for a term of five (5) years. Attachments: Agenda Memo - Republic Parking ' -. I III va LyiFAL1EW ;IZWK410]►yihyil;IL1 Ill &15 * Update on City Operations Q. ADJOURNMENT Corpus Christi Page 20 Printed on 2/25/2013 a, Tuesday, February 19, 2013 Corpus Christi Meeting Minutes - Final A. CALL MEETING TO ORDER. C E. 1. F. IL1V10191A1101L1 A City Council 11:30 AM Mayor Martinez called the meeting to order. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers The invocation was delivered by Pastor David Kelly, Trinity Worship Church. PLEDGE OF ALLEGIANCE. ROLL CALL. The Pledge of Allegiance was led by City Secretary Armando Chapa. City Secretary Armando Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Assistant City Manager Margie Rose, City Attorney Carlos Valdez, and City Secretary Armando Chapa. Note: Council Member Riojas arrived at 11:55 am. Present: 9 - Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Proclamations / Commendations Swearing in of newly appointed Board, Commission and Committee members Mayor Martinez conducted a swearing in ceremony of the newly appointed members to the City's boards and commissions. PUBLIC COMMENT. Mayor Martinez referred to Public Comment. Carlos Torres, Corpus Christi Firefighters Association announced the names of two fallen Firefighters from the City of Bryan, Texas, Lt. Gregory Pickard and Lt. Eric Wallace. A special ceremony followed honoring the fallen firefighters. Jesse Suarez, spoke about work conducted by a contractor hired by the City and code enforcement issues; Tony Norrell spoke about the street maintenance fee; Howard Ludlow spoke about the street maintenance fee; Neil McQueen spoke about the plastic Corpus Christi Page 1 Printed on 212112013 City Council Meeting Minutes - Final February 19, 2013 bag issue; Cliff Schlaib stated he supports a plastic bag fee; Margaret Declemente spoke in support of a plastic bag fee; Nancy Devlin spoke in support of a plastic bag fee; Wyatt James spoke about the plastic bag issue; Carolyn Moon spoke in support of a plastic bag fee; Freddie King spoke about the plastic bag issue; Jerry Garcia stated he was submitting an open records request related to Greenwood and Westside Baseball Complex; Joan Veith spoke about the efforts of the Barrios Association and the impact of the street maintenance fee on senior citizens; Mary Lou Huffman spoke about the street maintenance fee and illegal dumping; Diane Stillman spoke about the amount of plastic bag litter along the intersection Everhart and Yorktown; Verlan Knight spoke about maintaining City streets and proposes a levy; Pat Suter spoke about the plastic bag issue and supports Council decision; Daniel Lucio spoke in support of a plastic bag fee; Rebecca Lyons spoke in support of a plastic bag fee, and also spoke about keep students in Corpus Christi after graduation; Peggy Duran spoke about the plastic bag issue and supports reusable bags; Warren Del Kinnimoth spoke regarding the plastic bag issue and supports reusable bags; Carrie Robertson -Meyer stated that the public and retailers be education on the plastic bags, and supports the plastic bag fee; Jean Adams spoke about the damage caused by plastic bags; Cynthia Pierson spoke about the bad condition of City streets, and supports plastic bag fee and reusable bags; Clayton Goucher spoke in support of a ban on plastic bags; Vernon Wenche stated citizens should do their part by placing trash in trash cans; Jim Klein spoke in support of a plastic bag fee and a bag fee ordinance; John Adams spoke in support of a plastic bag fee; Lisa James stated that there is lack of education, and also supports plastic bag fee; Jeff Francis spoke in support of a plastic bag fee; Samara Trevala spoke in support of a plastic bag fee; Adriana Leyva spoke in support of a plastic bag fee; Weldon Lucas spoke in support of a plastic bag fee; Trey McCampbell spoke in support of Destination Bayfront; and Lazaro Camarillo spoke about plastic bag issue. Mayor Martinez called for a brief recess. G. EXECUTIVE SESSION: (NONE) H. MINUTES: 2. Approval of Meeting Minutes - February 12, 2013. A motion was made by Council Member Magill, seconded by Council Member Leal to approve the minutes as presented and passed. BOARDS & COMMITTEE APPOINTMENTS: (NONE) K. CONSENT AGENDA: (NONE) L. PUBLIC HEARINGS: (NONE) M. REGULAR AGENDA: (ITEMS 3 - 5) 3. Authorizing Volunteer Services Council to sell City flags and other Corpus Christi Page 2 Printed on 212112013 City Council Meeting Minutes - Final February 19, 2013 items depicting the City flag Motion allowing Volunteer Services Council of the Corpus Christi State Supported Living Center (VSC) to authorize VSC to sell City Flags and other items depicting the City flag. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -032 4. Setting salary for Interim City Auditor and effective date Motion setting salary for Interim City Auditor Kimberly Houston to be effective on February 18, 2013. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -033 5. Appointing members to the Corpus Christi City Council Ad Hoc City Auditor Nomination Committee Motion appointing members to the Corpus Christi City Council Ad Hoc City Auditor Nominating Committee to perform duties as outlined in the City Code of Ordinances, Chapter 12%2, regarding nomination of candidates for City Auditor. City Secretary Chapa stated that this item is to appoint members to the City Council Ad Hoc City Auditor Nominating Committee. Council Member Scott stated that the Audit Committee is recommending the appointment of Council Member Priscilla Leal, Council Member Lillian Riojas, Council Member Mark Scott, and Ernest Garza (At Large) to serve on the City Auditor Nominating Committee. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -034 Corpus Christi Page 3 Printed on 212112013 City Council Meeting Minutes - Final February 19, 2013 N. FIRST READING ORDINANCES: (ITEM 6) 6. Second Reading Ordinance - Amending the City Code of Ordinances regarding Mayoral appointments to audit committee, period for audit reports follow -up, peer review effective date and process for filling City Auditor vacancy (1 st Reading 2/12/13) Ordinance amending Chapter 12 Y2 of the City Code of Ordinances regarding City Council Audit Committee, Audit follow -up reports, Peer review, and City Auditor vacancy and selection process. Mayor Martinez referred to Item No. 6. City Secretary Chapa stated that this item is to amend the city auditor ordinance. Council Member Scott stated that the amendment being proposed refers to the peer review process, specifically the 90 day requirement and other amendments. There were no comments from the public and council. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 O. FUTURE AGENDA ITEMS: (NONE) P. BRIEFINGS TO CITY COUNCIL: (ITEMS 7 -14) 7. Master Implementation Plan and Schematic Design for Destination Bayfront Mayor Martinez referred to the Item No. 7, Master Implementation Plan and Schematic Design for Destination Bayfront. Mr. Dan Biles, Director of Engineering introduced Mr. Trey McCampbell and Mary Margaret Jones, Hargreaves Associates who provided a presentation on the project. Mr. McCampbell stated that this is the culmination of Phases 1 and 2 of the project and provided an overview of the following: project goals; design overview (including promenade, exploration play area, family area, zocalo, pier and waterfront, great lawn, sherrill park and shoreline boulevard); and budget and phasing. Mr. McCampbell stated that the total project cost is $69 million, and added that the following cost reductions were made: removal of 2 shade canopies from the Pier, reduced the width of pier, replacement of granite paving at the interactive fountain with concrete paving, and less reinforcement at the great lawn. Mr. McCampbell stated that the project cost for Phase 1 is $53.3 million, and the project cost for Phase 2 is $15.7 million. He then discussed capital funding strategies and sources of funds. Mr. McCampbell stated that the cost for operations and management is $1.01 million (Park Maintenance and Security - $475,000, Administration $314,000, and Programming $221,000). Mr. Biles Corpus Christi Page 4 Printed on 212112013 City Council Meeting Minutes - Final February 19, 2013 stated that a Resolution approving the project and prepare for a vote in November 2013 is scheduled for next Tuesday. 8. Street Design Standards Mayor Martinez referred to Item No. 8, Street Design Standards. Mr. Dan Biles, Director of Engineering provided a brief overview of the recommended street design standards, criteria, and the requirement for a 30 -day level of service. He also discussed the proposed amendments to the Unified Development Code and the existing street design standards. 9. Street Maintenance Fee Mayor Martinez referred to Item No. 9, Street Maintenance Fee. Mr. Oscar Martinez, Assistant City Manager stated that the street maintenance focuses on two areas: Seal Coat and Overlay. Mr. Martinez displayed a map depicting the preliminary street candidates for seal and overlay over the next three years. He stated that the process to move forward would require the following three ordinances: 1) creation of a maintenance fee, 2) establishment of policies and rate for the fee, and 3) revision of street design standards. Mr. Martinez discussed the rate design for residential, residential commercial, and commercial. He stated that residential will have a flat rate of $7.00, and a scaling system will be used for non residential with a cap at 30,000 square feet, per meter per month charge. He also discussed a discount program, administrative burden, delinquencies, public outreach, and implementation timeline. After council discussion, Mr. Martinez summarized the three issues of council concern: the impact of a master meter for commercial residential, utilizing commercial trip factor of 4.6, and use of a cap. After further discussion, Mr. Martinez recapped the following council considerations: come back on February 26 with three ordinances (creating a maintenance fee, establishing policies and rate for the fee, and revision of street design standards), memorandum on findings for the master meter for commercial residential and the cap, cost of equity, implementation of user fee in May no later than June, and come back at a later date for adoption on policy guidance. 10. Proposed Revisions to Water Conservation Plan and Drought Contingency Plan Mayor Martinez referred to Item No. 10, Proposed Revisions to Water Conservation Plan and Drought Contingency Plan. Mr. Gus Gonzalez, Director of Water stated that the objective for revising the Water Conservation and Drought Contingency Plan is to better promote water conservation as an every day best practice. He displayed a map and charts depicting the average annual precipitation; and short term lake levels. He described the conservation vs. drought measures, the incentives for conservation, and the 4 drought stages. Mr. Gonzalez stated the timeline is to present to Council in May for approval. 11. Plastic Bag and Litter Reduction Mayor Martinez referred to Item No. 11, Plastic Bag and Litter Reduction. Mr. Oscar Martinez, Assistant City Manager stated that this is the fourth Plastic Bag & Litter Reduction briefing and provided a recap of the previous presentations, discussed the results of the Corpus Christi Recyclery, program Corpus Christi Page 5 Printed on 212112013 City Council Meeting Minutes - Final February 19, 2013 content, stakeholder meetings and timeline. Mr. Martinez displayed a chart depicting the partnership commitments of the Texas Retailer's Association and the school involvement of 13,000 students in collecting about 54,000 plastic bags. He also showed a Reporting Form developed for retailers to use to train staff and gather ideas and extract information to establish a voluntary campaign program. He further discussed the Retailer Green Star Program, litter ordinance updates, enforcement and education efforts. He stated that the litter ordinance is scheduled to be presented on March 19, Code Enforcement Officers were hired this month, and that the Recycling Educator will be hired in March. Mr. Martinez identified the three areas where council policy direction is needed: 1) continuation of the voluntary education /awareness campaign with retailers, 2) implementation of a plastic bag initiatives similar to other cities, but reward local retailers who are meeting participation requirements of the education campaign with a waiver of the requirements of the plastic bag fee program, and 3) implementation on of a plastic bag transaction program. After council discussion, Mr. Martinez summarized the policy direction from the council: plan to present the Ordinance in March, propose a transaction fee (per bag) to level off the balance between grocery and convenience stores, identify the next steps and use of funds in the ordinance, and a follow up report on retailer participation. 12. Ozone Monitoring and Data Analysis for the Corpus Christi Urban Air Shed Mayor Martinez referred to Item No. 12, Annual Assessment of Ozone Monitoring Data and Analysis for the Corpus Christi Urban Air shed by the Corpus Christi Air Quality Group. Ms. Gretchen Arnold, Chair of the Corpus Christi Air Quality Group stated that the Air Quality Group is a partnership within the urban air shed of Nueces County and San Patricio County. She added that the entities include the City of Corpus Christi, the Texas Commission on Environmental Quality, and the US Environmental Protection Agency and industry stakeholders who work together to plan and implement voluntary actions appropriate to community needs to improve air quality. Ms. Arnold added that there are two regulatory monitors in Corpus Christi that are reviewed by TCEQ and displayed a map depictnig their locations. She discussed the attainment level of ozone standards, the mandates if unattainable, and the standards for Corpus Christi. 13. Animal Care Division This presentation was postponed. 14. Fiscal Year 2012 Comprehensive Annual Financial Report (CAFR) This Presentation was postponed. Q. CITY MANAGER'S COMMENTS: * Update on City Operations Corpus Christi Page 6 Printed on 212112013 City Council R. ADJOURNMENT Meeting Minutes - Final February 19, 2013 There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 6:20 pm. Corpus Christi Page 7 Printed on 212112013 Cyr PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of February 12, 2013 1852 Action Item for the City Council Meeting of February 26, 2013 DATE: February 12, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Debbie Marroquin, Director of Gas Operations eiem cctexas.com (361) 855 -6924 Hot Tap Fittings CAPTION: Motion approving a supply agreement with M.T. Deason Company, Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI- 0052 -13 based on only bid for an estimated annual expenditure of $69,257.50, of which $40,400.21 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 Gas Department in FY 2012-2013. PURPOSE: The fittings are used for tapping into existing pressurized natural gas lines in order to block off a section of line in need of repair or to add an additional line for new gas service. BACKGROUND AND FINDINGS: The option to extend the previous contract was not exercised due to the vendor's unwillingness to extend the contract without a 21% price increase. Re- bidding the commodity resulted in a price increase of only 5 %. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Gas Department 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 $359,382.55 $28,857.29 $388,239.84 Encumbered / Expended Amount $122,374.18 $0 $122,374.18 This item $40,400.21 $28,857.29 $69,257.50 BALANCE $1967608.16 $1967608.16 Fund(s): Gas Fund Comments: The $40,400.21 financial impact shown above represents seven months of expenditures that will be encumbered through the end of this fiscal year. The remaining $28,857.29 for the last five months of the contract will be requested during the normal FY 2013/2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - GERALD GOODWIN ITEM DESCRIPTION 1.0 Control Fittings 1.1 Control Fitting - 2" 1.2 Control Fitting - 4" 1.3 Control Fitting - 6" 1.4 Control Fitting - 8" Three -Wav Stopple 2.0 2.1 2.2 2.3 2.4 Tee Fittings Three Way Stopple - 2" Three Way Stopple - 4" Three Way Stopple - 6" Three Way Stopple - 8" BID TABULATION BID INVITATION NO. BI- 0052 -13 HOT TAP FITTINGS M.T. DEASON COMPANY, INC. BIRMINGHAM, AL UNIT TOTAL QTY I UNIT PRICE I PRICE 200 40 15 10 180 40 15 10 each each each each each each each each TOTAL: $32.50 $218.00 $391.00 $576.50 $65.50 $336.00 $543.50 902.50 $6,500.00 $8,720.00 $5,865.00 $5,765.00 $11,790.00 $13,440.00 $8,152.50 $9,025.00 $69,257.50 E i7ibl 1 DATE: February 12, 2013 Future Item for the City Council Action Item for the City Council TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.co 361- 826 -3169 AGENDA MEMORANDUM Meeting of February 12, 2013 Meeting of February 26, 2013 Uniformed Guard Security Services CAPTION: Motion approving a service agreement with Eddie Garza Security & Investigations, of Corpus Christi, Texas for uniformed guard security services for City Hall, Frost Bank Building, Central Library, Ben F. McDonald Library, Janet F. Harte Library and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI- 0035 -13 based on lowest local bid for an estimated twelve month expenditure of $296,186.63 of which $123,411.10 is required for the remainder of FY 2012 -2013. The term of the agreements shall be for twelve months with options to extend for up to two additional twelve months periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2012- 2013. PURPOSE: Security Services are required at City Hall, Frost Bank Building, Central Library, Ben F. McDonald Library, Janet F. Harte Library and the 0. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The contractor shall be responsible for opening the buildings in the morning's, deactivating the alarm system, monitoring fire alarm system, onsite monitoring of the security system and video surveillance system, patrolling and monitoring all spaces contained within the building and surrounding parking areas to ensure safety and order are maintained. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: The recommended award is based on Section 26 of the Council Policies of the City of Corpus Christi Code of Ordinance. The ordnance provides for local preference when the local bidder is within 5% of a non local bidder. 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. DEPARTMENTALCLEARANCES: Corpus Christi Public Libraries, Facility Maintenance and Water Department 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 $811,524.05 $172,775.53 $984,299.58 Encumbered / Expended Amount $357,791.67 $357,791.67 This item $123,411.10 $172,775.53 $296,186.63 BALANCE $330,321.28 $330,321.28 Fund(s): Corpus Christi Public Libraries, Facility Maintenance and Water Department Comments: The $123,411.10 financial impact shown above represents five months of expenditures that will be encumbered through the end of this fiscal year. The remaining $172,775.53 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. C R FL M .0 Lo a E M U) R p 00 > �` J R H Z N ` N 0 U) a a H -OU w Q R - m 1 J � (7 R > Q E >. m in E 0 o Z Fn Z) LL Cl) O Oro Q N Q } U) 0 Q Z d _ Q m 0�?2w (n i J W Z) 0 w w d 0 z <0 0 U) o = M z Lu > j 0 U a M U U 00 00 0 N O O O 0 O ON Q - N o U >� d W N V N M O) co co CO CO 0 r CD - M - I� M M2 CO M o M N � x N F O O 00 O O M M M M M M O 0 .. N a V, V V, V V V 69 A 41 o y F o N k d W Loo oo o N O O O 0 O O O O Lo o o) o o W N Lo N O 69 69 Lo U Ooo Ooo O O U 69 o D U 3 N F N k a W MO O O o O O LO LQ V o COO o co LO LO V o) V N O LO O Ln O O N LO N LO M fl N y R U C7 y LO LO LO LO LO LO N N N N N N N N N N N N .E N N o 0 C 0 W C) N N E R X d W 0 0 0 o O N V N o O CO V O V O M CO O O O 0 r LO O LO o) O N Ln N co N LO Q Zn ~ O fl o o o o o o o o .. WQEa m m .. m 0 0 0 0 0 0 > (n Z (n N U o o 0 0 o O O O O O O M o D o M 3 a LL, �v ornv rn O N V N LM N �F y, o o E o O O O O O O O O O O O O m Ln iz X U F N U d W Lo o o O o V N V N N CO co Lo O 0 I� M r M LO o) r co (O CO o V (O V o) V o) O N V N LM N O 0 69 E N O N o V V V V V V O O O O O o) t F co o Lo o o o Co o o (D o V V O) N V N V N co a � o 9 Y N— N Im N J N U_ o co Y n o co N Z O TU Q o o o �� Ty U (n Y "6 � Y "6 Y (6 U N Z 0 0 o 0 o o o 0 -O E `0 U E `0 U E o7 ° [7 + [7 + C O N C o O o o-E y R Y a a �-o m U �a m a? o m S E m(D co �- m- U �- m m E E's E's a� E m O C N J J LL N CD w N CD W N m W F o M M Efl N Ln o O co UH W LD N M V O 0) Efl 0 V 0 0) co co Efl v N S 'a R R O � R N O E Lo o r- U :E w 3 F !!L Attachment I SERVICE AGREEMENT Service Agreement No. SA THIS Uniform Guard Security Service CONTRACT (this "Agreement ") is entered into by and between Eddie Garza security and Investigations (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Uniform Guard Security Services in response to Bid Invitation No. BI- 0035 -13 in accordance with Specification No. 1155, dated September 10, 2012, Specification No. 1156, dated September 10, 2012, Specification No. 1157, dated September 10, 2012, which is incorporated and attached as Exhibit A); WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Uniform Guard Security Services in accordance with Specification No. 1155, Specification No. 1156, and Specification No. 1157. 2. Term. This Agreement is for 12 months commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Facility Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. Page 1 of 5 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, with applicable policy endorsements to the Contract Administrator. Additionally, the Certificate must state that the Facility Manager will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are attached and incorporated into each specification and may be revised annually by the City Manager upon 30 days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Specification No. 1155, Specification No. 1156, or Specification No. 1157 or Contractor's bid submitted in response to Bid Invitation No. BI- 0035 -13 waives any subsequent breach of the same. 9. Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Facility Manager. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. Page 2 of 5 11. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0035 -13 or Specification No. 1155, Specification No. 1156, or Specification No. 1157. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work day's written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24 hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 15. Violence Policy. Contractor must adopt Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. 16. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Jim Davis, Director of General Services P.O. Box 9277 Corpus Christi, Texas 78469 -9277 PHONE: (361) 826 -1986 FAX No.: (361) 826 -1989 IF TO CONTRACTOR: Contractor Name: Eddie Garza Security & Investigations Contact Person: Bill Garza Address: 4333 Kostoryz Rd City, State, Zip: Corpus Christi TX 78415 FAX No.: 361 - 853 -7803 Page 3 of 5 17. Month -to -Month Extension. If the City has not completed the bidding process and awarded a new supply agreement upon the expiration of the original contract period or any extension period, the Bidder shall continue to provide goods /services under this Agreement, at the most current price under the term of this supply agreement or extension, on a month to month basis, not to exceed six months. This supply agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. Page 4 of 5 SIGNED this 12 day of November 20 12, Contractor: Name: Title: Mor CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services Incorporated herein, by reference: Exhibit A: Bid Invitation No. BI- 0035 -13, Specification No. 1151 Specification No. j 156, and Specification No. I J 57. Page 5 of 5 Date Resolution Authorizing the submission of a grant application in the amount of $79,188.69 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $16,964.54 and $4,000 in -kind services for a total project cost of $100,153.23; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $79,188.69 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $16,964.54 and $4,000 in kind services for a total project cost of $100,153.23. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor K Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott DATE: January 29, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floods cctexas.com 886 -2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund to establish a Victim Outreach Program CAPTION: Resolution authorizing the submission of a grant application in the amount of $67,660.55 to the State of Texas, Criminal Justice Division. For funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to establish a Victim Outreach Program with a city match of $13,533.07 and $3,000 in- kind services, for a total project cost of $84,193.62; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE: This funding is available from the State of Texas, Criminal Justice Division, to provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant is a new project for the Victim Assistance Program. Community Outreach is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant will provide funding for a victim case manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi - disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant keep accurate and timely records, including information properly entered into database systems. The State provides for the salary /benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in -kind contribution, and the City contributes $13,533.07 for training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 9/1/2013 — 8/31/2014. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance Legal 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 Encumbered / Expended Amount This item 0 $13,533.07 1 $13,533.07 BALANCE 0 $13,533.07 1 $13,533.07 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Authorizing the submission of a grant application in the amount of $67,660.55 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to establish a Victim Outreach Program with a city match of $13,533.07 and $3,000 in -kind services, for a total project cost of $84,193.62;; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submil a grant application to the State of Texas, Criminal Justice Division in the amount of $67,660.55 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to establish a Victim Outreach Program with a city match of $13,533.07 and $3,000 in -kind services, for a total project cost of $84,193.62. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor K Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Resolution Authorizing the submission of a grant application in the amount of $47,351.74 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $16,573.28, an in -kind match of $5,400, for a total project cost of $69,325.02; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $47,351.74 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $16,573.28, an in- kind match of $5,400, for a total project cost of $69,325.02. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor K Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Ga O� AGENDA MEMORANDUM NoP ©gyp EO Future Item for the City Council Meeting of February 12, 2013 1852 Action Item for the City Council Meeting of February 26, 2013 DATE: January 21, 2012 TO: 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 Debbie Marroquin, P.E., DebbieM @cctexas.com (361) 855 -6924 Director of Gas Operations Michael Armstrong, Director of Municipal Information Systems MichaelAr@cctexas.com (361) 826 -3740 Approval of Contract for Professional Services Padre Island Water Supply Study CAPTION: Motion authorizing the City Manager, for Professional Services with Urban $182,976.00, for a total restated fee Supply Study. PURPOSE: or designee, to execute Amendment No. 2 to the Contract Engineering of Corpus Christi, Texas in the amount of not to exceed $597,216.00, for the Padre Island Water The purpose of this Agenda Item is to execute the amended contract for the Padre Island Water Supply Study so professional services may continue. BACKGROUND AND FINDINGS: The existing water feed to Padre Island is a 24 -inch ductile iron pipe which has been in service for more than thirty years. This project involves construction of a new 18 -inch diameter water transmission main, eight -inch diameter natural gas line, and a four -inch diameter Municipal Information System (MIS) conduit from Laguna Shores Boulevard to Padre Island. The original scope of this project did not include a gas line or MIS line. Subsequent discussions with the Gas and MIS departments, during the initial design phase, led to the conclusion that it would be more cost effective to have these two lines permitted and constructed simultaneously with the water line. Adding these lines at a later date would warrant a separate and more costly alignment which would trigger additional permitting requirements. The attached amendment will compensate the consultant for required revisions and additions to the initial scope of services. The required revisions and additions result in an extended design period for a better, multi - operational and integrated project. The proposed consultant contract amendment provides Contract Documents which include the new alignments, permit modification and services during construction of the eight -inch gas main and the four -inch MIS conduit, meetings with City staff, assisting the City in bidding the project, providing construction administration, preparing Texas General Land Office Miscellaneous Easement applications, and assisting the City with public outreach meetings. ALTERNATIVES: 1. Award the Contract Amendment No. 2 for Professional Services to Urban Engineering as proposed. 2. Do not award the Contract Amendment No. 2 for Professional Services with Urban Engineering 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, Gas Department, MIS Department FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue FICaoital ❑ Not applicable Fund(s): Water CIP #15, Gas CIP #4, MIS Operating Project to Fiscal Year 2012 -2013 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $423,700.00 $4,926,381.00 $5,320,000.00 $10,670,081.00 Encumbered / Expended Amount $423,700.00 $70,000.00 $493,700.00 This Item $182,976.00 $182,976.00 Future Anticipated Expenditures This Project $4,673,405.00 $5,118,135.00 $9,791,540.00 BALANCE 1 $0.001 $0.00 $201,865.00 $201,865.00 Fund(s): Water CIP #15, Gas CIP #4, MIS Operating RECOMMENDATION: City Staff recommends the approval of the Amendment No. 2 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $182,976.00, for a total restated fee not to exceed $597,216.00, for the Padre Island Water Supply Study. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Project Schedule Presentation PROJECT SCHEDULE CITY OF CORPUS CHRISTI, TEXAS PADRE ISLAND WATER SUPPLY STUDY Date Activity August 1, 2011 Begin Study November 18, 2011 Begin Preliminary Phase June 20, 2012 Prepare Waterline Pre -Final Submittal October 3, 2012 60% Waterline Design Submittal October 18, 2012 Pre -Final Waterline Design Meeting April 19, 2013 Pre -Final Gas & MIS Line Design Meeting June 3, 2013 100% Final Submittal July 15, 2013 Advertise for Bids July 24, 2013 Pre -Bid Conference August 7, 2013 Contract Award October 3, 2013 Begin Construction April 3, 2014 Complete Construction PROJECT BUDGET ESTIMATE PADRE ISLAND WATER SUPPLY STUDY Future Item for the City Council Meeting of February 12, 2013 Action Item for the City Council Meeting of February 26, 2013 FUNDS AVAILABLE: Water CIP ......................................................................... ............................... $8,104,500.00 GasCIP ........................................................................... ............................... $2,500,000.00 MISOperating ................................................................... ............................... $65,581.00 TOTAL FUNDS AVAILABLE ................................................ ............................... $10,670,081.00 FUNDS REQUIRED: Construction ( Estimate) ....................................................... ............................... 8,100,000.00 Contingencies ( 10%) ........................................................... ............................... 810,000.00 Consultant Fees: Consultant Design (Urban Engineering) * ................................ ............................... 597,216.00 Geotechnical Testing (Kleinfelder Central, Inc.)** ....................... ............................... 70,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ...... ............................... 182,250.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt) .......... ............................... 283,500.00 Construction Observation ..................................................... ............................... 283,500.00 Finance............................................................................ ............................... 101,250.00 Misc. (Printing, Advertising, etc.) ............................................ ............................... 40,500.00 TOTAL............................................................................. ............................... $10,468,216.00 ESTIMATED PROJECT BUDGET BALANCE .......................... ............................... $201,865.00 *Consultant Design Contract awarded on June 21, 2011 to Urban Engineering by Motion No. 2011 -134. CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Urban Engineering, hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for Padre Island Water Supply Study (Project No E10172), as authorized and amended by: Original A/E Agreement November 5, 2010 Administrative Approval $49,870.00 Amendment No. I June 21, 2011 Motion M2011-134 $364,370.00 dr- EXHIBIT "A", SECTION 1. SCOPE OF SERVICES shall be amended as specified in the attach A. EXHIBIT "A", SECTION 3. FEES shall be amended as specified in the attached Amendment No. 2 Exhibit "A" Summary of Fees, for a revised fee not to exceed 1182,976.00 (One Hundred Eighty -Two Thousand Nine Hundred Seventy-Six Dollars and Zero Cents), for a total restated fee not to exceed $597,216.00 (Five Hundred Ninety-Seven Thousand Two Hundred Sixteen Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the November 5, 2010 contract and amendments between the City and Engineer will remain in full force and effect. Oscar R. Martinez, Date Assistant City Manager iIAMOMIN, F4,11 441 N k 19 14 1 AMEND. NO. 2 Page l_ of 2 K ENGINEERING DATAEXCHANGE1JENNIFERNWATER4F-10172 PADRE ISLAND WATER SUPPLY STUDYIPROFESSIONAL SERMMAMENDMENT NO 2iCONTRAGT.DOCX Office of a!' Date i Budget u AMEND. NO.. 2 Page 2 of 2 K (ENGINEERING DATAEXCHANGEiJENNIFERIWATER1E10172 PADRE ISLAND WATER SUPPLY STUDYIPROFESSIONAL SERVICES"ENDIVIIENT NO.21CONTRACT.DOCX Exhibit "A" Padre Island Water Supply Study (Project No.: E10172) Amendment No. 2 The following is the proposed scope of Basic Services to be added to the existing contract with the City of Corpus Christi, Basic Services (8 -inch Gas Transmission Main and 4 -inch Conduit) Design Services The A/E will prepare plan and profile sheets for construction of an 8 -inch gas transmission main and 4 -inch MIS conduit. The P & P sheets will be included in the bid package with the water transmission main P & P sheets. The plan and profile sheets will be in addition to the sheets already included in the bid package but will utilize the survey and utility information obtained for the water transmission main. The design services will also include specifications for installation of the 4 -inch conduit. (Note: Specifications for the 8 -inch gas transmission main will be furnished by the City of Corpus Christi. These specifications will include but not be limited to the following; pipe material, pipe diameter, pipe wall thickness, pipe coating, pipe backfill and handling, corrosion protection, welding procedures, valves and pressure testing.) Bid Phase Services The A/E will assist the COCC in bidding the 8 -inch gas transmission main and 4- inch MIS conduit, including attending the pre -bid meeting, answering RFI's, attending the bid opening, and recommending award of the contract. Construction Phase Services The A/E will assist the COCC during the construction phase by attending the pre - construction meeting, answering RFI, reviewing submittals, conducting the final walk through, and preparing the record drawings. The following is the proposed scope of Additional Services to be added to the existing contract with the City of Corpus Christi, Additional Services USCOE Permit Additional width is required to accommodate the 8 -inch gas transmission main along the proposed construction alignment. This requirement increases the footprint that will be disturbed within the USCOE jurisdictional boundary. This M increased footprint requires additional coordination efforts to obtain the USCOE permit to work within the jurisdictional boundary. TxDOT Permit Additional width is required to accommodate the 8 -inch gas transmission main along the proposed construction alignment. This requirement increases the footprint that will be disturbed within the jurisdictional boundary. This increase requires additional coordination efforts with TxDOT to obtain a permit in their ROW. Wetland Delineation Additional width is required to accommodate the 8 -inch gas transmission main along the proposed construction alignment. This requirement increases the footprint that will be disturbed within the jurisdictional boundary. This increase requires additional wetland assessment efforts and preliminary design conceptualization in order to obtain the USCOE permit to work within the jurisdictional boundary. TGLO Miscellaneous Easement (ME) The A/E will prepare the ME applications and submit them to the TGLO for their review and approval. A total of three (3) ME applications are required along the alignment at the following locations; from Flour Bluff to the Humble Channel, at the Humble Channel and at the Gulf Inter - coastal Water Way. The scope covers preparation of the lease application package, coordination with the TGLO to get the easement granted, field survey of State submerged land boundary, survey exhibits, filing the information with Nueces County, deliverable to TGLO and follow up with the TGLO. Public Out -Reach Meeting The A/E will assist the City in preparing for and conducting two (2) public out- reach meetings. The A/E will prepare mountable exhibits showing the proposed improvements (mounting to be completed by the City) and submit to the City for review. The A/E will also assist the City in preparing the following public meeting documents, Attention Form, Meeting Agenda, Project Fact Sheet, Frequently Asked Questions and Citizens Comments Sheet. AMEND. NO.2 EXHIBIT "A" Page 2 OF 4 PROJECT SCHEDULE CITY OF CORPUS CHRISTI, TEXAS PADRE ISLAND WATER SUPPLY STUDY Date Activity August 1, 2011 Begin Study November 18, 2011 Begin Preliminary Phase June 20, 2012 Prepare Waterline Pre -Final Submittal October 3, 2012 60% Waterline Design Submittal October 18, 2012 Pre -Final Waterline Design Meeting April 19, 2013 Pre -Final Gas & MIS Line Design Meeting June 3, 2013 100% Final Submittal July 15, 2013 Advertise for Bids July 24, 2013 Pre -Bid Conference August 7, 2013 Contract Award October 3, 2013 Begin Construction April 3, 2014 Complete Construction L . I IT "A" 3OF4 'G r N N W r` W o t; r W O 3Za a aA'i g lC0 .� � a � a 0 0 0 o a A A 0 0 0 0 0 0 a 0 0 0 0 0 0 0 f` CO O O O r co r CO LD Ln r rINI Ir 0l6l0) olololC5 la 0 0 0 0 0 O 0 0 0 0 0 0 0 o C: o 6 Cs Q 0 O O M O N A r r Ln P' Ln O O O CA O r s F- 0 . � N N O 0 . 0 . 0 . 0 . 0 . O . O . 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N � � 2 7 "a 0 U c/5 d _y 00 Co ° ° 00 LOL ° ° p p p °� °o ° 00 O 0 Lo O w Lo 6% U r Q Lo A Lo °� U I" I" o Q a. 69 a o co 69 CO) m Q I-- 69 00 0 0 0 0 00 p p p °o °o CD m Lo LA Lo N � � ~ ~ d~9 r � O O O O O co O h Q Q Q h O h h O O o O LA O N N O O h to N O r 0 P P P h N h m ° ° O ° N p p p N N r- 69. 1U) LLo 609 m m LLo N O N co CD N (O 00 r r 69 r r 69 r 69 r N lfl °O °° NN° p p p N O N N 69 O O O H H H r O r r r r 69 r r 69 r 69 r N to 0 °° p p p 0 O 0 0 0 0 0 0 0 O O Lo LLB O O m m m 0 O O O rfi3 N N N69 64 � N � � AMEND. NO.2 EXHIBIT "B" Page 1 of 1 N 2 rn N d � � N O m �E U allo N m a 0 m U can AMEND. NO.2 EXHIBIT "B" Page 1 of 1 rn N U N LL C N O U. N L 2 7 "a 0 U c/5 d _y Q Z► 2 LOL co Cn O w � U r Q U A °� U cNa o Q a. s a o co co CO) m Q I-- AMEND. NO.2 EXHIBIT "B" Page 1 of 1 SUPPLIER NUMBER t0 11t:. ASS1(jNF'D B) _(_ 7_ 111[itCHASIN(i bIVtSION' CITE' O CORPUS CHRISTI Citr Co,rpus DISCLOSURE INTEREST T Chrkii City of Corpus Christi Ordinal= 17112. as amended. requires all persons or firms seeking to do business with the City to rowide the folio %vine; infonnataon. I:wery question trust be answered. if the question is not appii'cable, aE svver'with " A". Sec reverse side for Filing equirej ents, Certifications and definitions. COMPANY NAME: Urban Engineering S") BEET r'kDDR SS. 2725 S4wantner CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation ?. Partnership 9 3. Sale Owner Q -t. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary =, please use tits reverse side of this pa �c or attach separate sheet. 1. State the names of each "employee" of the City" of Corpus C` tristi having an -,ownership interest'" constituting 3`��'� car more of the ownership in the above named -firin.' Name .Iola Title and C °its Department (if known) '. State: the names of each `°official" of the C`ity� of Corpus Christi havinso an "o"�nership interest'` constituting 31% or more Of the ownership in the above named "-firm.'° Name Title 3. State the names of each "board tai mhe;r' of the City of Corpus Christi having an "caws aaership interest" constituting 3% or more of "tile ownership in the above natnicd "itrill." Name Board, Commission or Committee 4. State the names of each emplo -yee or ollica r of as '`consultant" for the City of Carpets Christi who worked can any matter related to the suajic: t of` this contract and has an ' "caawnership interest ", constituting 3% or more of the ownership in the above named firm." Manna; Consultant EM FILING REQUIREMENTS If a person who requests official action oil a matter know.,; that the requested action will coni'er ail economic benefit on any City Officilil, or employee that is distingo i sit able from the effect that tile action will have on members of public in general or 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 tile matter, unless the interest of tile City ofricial or employee in the matter is a The disclosure shall also be made in at signed writing riled with tile City Secretary. [pparent. :�tllics 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: X -;) v _ Title: 2c� &r-4s.1 (Tyjw Air Prin 0 Signature of Certifying Date: Person: DEFINITIONS a. "Board member," A member of any board, commission. or committee appointed by [lie City Council of the City of Corpus Christi, Texas. b. "Economic benefit". Ali action that is likely to affect an economic interest if it Is likely to have an effect oil that interest that is distinguishable froth its effect on members of the public in general or a substantial segment thereof. c. --Employee.­ Any person employed by the City ofCorpus Christi, Texas either on a full or part-time basis. but not as ail independent contractor. d. 'T'irm." Any entity operated for ecolloitlic 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 tile (brin 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. Mayor. members of tile city Council, City Manager, DepLItV CitV manager, Assistant City Managers, Department and Division Heads. and NIunicipai court Judges of the Citv of Corpus Christi, Texas. f l.egat or equitable interest. vviiether actualiv or constructively held, r- estate- or holding in a firm, including wheil such interest is held through an agent, tnist, g entity. -,Constructively held*' refers to holdings or control established through voting trusts, proxies, or special terms ot'venture or partnershipaurceincriti." g. "Consultant.'" Any person or firma, such as ellaineers and architects, hired by the City of Corpus Christi for tile purpose of professional consultation and recommendation. CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST, TEXAS PADRE ISLAND WATER SUPPLY STUDY DEPARTMENT OF ENGINEERINGI SERVICES PAGE: 1 of 1 = _ i,I • F--1 km O 4� 4� V r 0 N N c� Lei 4� Im I I a) O U 4--+ U 4� O' N t � L e� U W Im I I a) O U 4--+ U 4� O' N l Im I a) U U O co 1� O N N c� C) gl� w � N p - ct O •� � O O � U � O U '4-j O � •o Q � � o o a� 0 0 u `o t � L e� U W l Im I a) U U O co 1� O N N c� C) gl� w � N p - ct O •� � O O � U � O U '4-j O � •o Q � � o o a� 0 0 u `o # WE oo I I 4--1j h 1 M� U P1 .7 Li J m J cn 0 Z D LL O O t � O O O O O L W O O O O O 0_ O U W # WE oo I I 4--1j h 1 M� U P1 .7 Li J m J cn 0 Z D LL O O O O O O O O O O O O O O O O O 0 O O 0 O 0 0 7- � O O CO O O (6 6 O O 00 co O O 0 0 T- W LO O LO 0 O O N O O N w ,;:f O Ln 0 O O ti O � 00 T- 0 0 0 ti O � O ti O O O LO Ef} w 00 LO Ef} m I�r N 6c3 6c3 6c3 Ea. CO (\A O CO O K? K? K? LU J m J 0) 0 cn Z U a Q J U o Q (�6 C/) ~ 0 LU D 0 cn 0 Z D LL N E U LU O O U O , U it m y O O L (D U N L LU C: O (D � Y o ? 0) O• O U .0) N to F- T u- m 0) v O N O U U U U N N U — I J H 0 LU U Z Q J Q m H LU 0 m H U LU O a 0 W Q cn W r Ti O O N N O O N Z 6 C Z O c O O O O � U N C: 0) CU c � LU � N cu C) L L Q% 70 O 4- r O Y N O N N a� o N C'7 N O L N O L- U 3o C O U -0 CU ell U 3: c ca O U U) Ca D � O U � c O U ~ u 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2013 1852 Action Item for the City Council Meeting of February 26, 2013 DATE: January 28, 2013 TO: 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 Execute Construction Contract Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) — Phase 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a Construction Contract with CSA Construction of Houston, Texas in the amount of $3,461,025.00, for Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) — Phase 1. PURPOSE: The purpose of this Agenda Item is to execute the Construction Contract for Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) — Phase 1. BACKGROUND AND FINDINGS: This project is the second package of construction to enable the Oso Water Reclamation Plant to meet new Texas Commission on Environmental Quality (TCEQ) permit criteria for ammonia. The work consists of construction of a Breakpoint Chlorination (BPC) chemical feed system including two (2) concrete storage containment areas, storage tanks, peristaltic feed pumps, PVC piping, valves, flow meters, mixers, and appurtenances for sodium hypochlorite, sodium hydroxide, and sodium bisulfite. The chemical feed systems will also include electrical improvements, analyzers, monitoring equipment, communication radios, sample pumps, equipment racks, cable trays, PLC controllers, prefabricated fiberglass building, and the programming and automation of the entire system. A single system integrator shall oversee, incorporate and ultimately be responsible for the integration of each of the chemical feed, automation, monitoring, and control component subsystems into a single combined system. A work station will be installed in the existing administration building for monitoring and controlling the entire system. The project also includes the installation of three (3) skid mounted electric self - priming centrifugal pumps. On January 16, 2013, the City received proposals from two (2) bidders and their respective bids are as follows: Contractor Base Bid CSA Construction $3,461,025.00 Houston, TX Fiscal Year J S Haren Company $3,885,000.00 Athens, TN TOTALS The City's consultant, LNV, Inc., conducted a bid analysis of the two (2) proposals submitted to the City. The lowest bidder, based on the Total Base Bid, is CSA Construction of Houston, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, CSA Construction has the experience and resources to complete the project. ALTERNATIVES: 1. Execute the Construction Contract with CSA Construction as proposed. 2. Do not execute the Construction Contract with CSA Construction as proposed. OTHER CONSIDERATIONS: Award of construction contract is required to enable Oso Water Reclamation Plant to comply with recent TCEQ ammonia permit limits criteria (4 mg /L). Permit criteria must be met on or before October 2013. CONFORMITY TO CITY POLICY: Conforms to statues regarding bid process; FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue MCaoital ❑ Not applicable Fund(s): Wastewater CIP #2 Project to Fiscal Year Date Current Year Future Years TOTALS 2012 -2013 Expenditures (CIP only) Line Item Budget $1,354,100.00 $8,635,400.00 $2,927,000.00 $12,916,500.00 Encumbered / Expended Amount $1,354,100.00 $6,373,903.00 $7,728,003.00 This item $2,226,497.00 $1,234,528.00 $3,461,025.00 Future Anticipated Expenditures This Project $35,000.00 $1,608,088.00 $1,643,088.00 BALANCE $0.00 $0.00 $84,384.00 $84,384.00 Fund(s): Wastewater CIP #2 Comments: This project requires 180 calendar days with anticipated completion approximately September 2013. The Construction Contract will result in the expenditure of an amount not to exceed $3,461,025.00. This amount will be funded over two years, with FY 13 funding $2,226,497.00 and FY 14 will be required in the amount of $1,234,528.00. Additional CIP money will be requested at a later date in the amount of $900,000.00 for FY 14. RECOMMENDATION: City Staff recommends the approval of the Construction Contract with CSA Construction of Houston, Texas in the amount of $3,461,025.00 for the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) — Phase 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map exhE09007. oCFq S AQ n sgRq� c o 0 Of a T0� N 6� �0 O0- �, ek PROJECT #E09007 COR2LS C P,Tsi'T B-Ay PROJECT LOCATION OR j F CA y0 DEL OS� 10R. o� nN pq J c� L0CATION MAP NOT TO SCALE KA "N'l NAS -L_aGu qvA .MADAE Qso Water Reclamation Plant CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Nutrient Removal Project (Ammonia) PAGE: 1 of 1 PROJECT BUDGET OSO WATER RECLAMATION PLANT Belt Press Facility /Nutrient Removal Project No. 7423 & E09007 FUNDS AVAILABLE: Wastewater CIP ( 2010 - 2014) ................................................ ............................... $12,016,500.00 Future Wastewater CIP Request ............................................ ............................... 900,000.00 TOTAL AVAILABLE ............................................................ ............................... 12,916,500.00 FUNDS REQUIRED: Construction for Belt Press (CSA Construction, Inc.)* ................. ............................... $6,311,200.00 Contingency ( 10%) .............................................................. ............................... 631,120.00 Construction for Nutrient Removal (CSA Construction, Inc.) ......... ............................... 3,461,025.00 Contingency ( 10%) .............................................................. ............................... 346,102.00 Consultant Fees for Belt Press Design Consultant (Harmon Engineering)** .............................. ............................... 393,334.00 Geotechnical Consultant (Arias & Associates, Inc.) .................... ............................... 4,500.00 Materials Testing (Raba Kistner) ............................................ ............................... 39,052.00 Consultant Fees for Nutrient Removal: Design Consultant (LNV Engineering, Inc.)*** ........................... ............................... 648,559.00 Peer Review Consultant (Freese Nichols, Inc.) ............... ............................... 76,762.00 Water Sampling Consultant (Analysys, Inc.) .......................... ............................... 7,201.00 Construction Observation (LNV Engineering, Inc.) * * ** ................ ............................... 247,395.00 Testing & Inspection Services (Kleinfelder, Inc. - Allowance) ........ ............................... 35,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ....... ............................... 240,330.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt) .......... ............................... 240,330.00 Finance Reimbursement ....................................................... ............................... 120,165.00 Misc. (Printing, Advertising, etc.) ............................................ ............................... 30,041.00 TOTAL ............................................................................. ............................... $12,832,116.00 ESTIMATED PROJECT BUDGET BALANCE .......................... ............................... $84,384.00 *Construction Contract was approved by City Council on January 31, 2012 by Motion M2012 -027. * *The Consultant Contract was approved by City Council on April 21, 2009 by Motion M2009 -094. ** *The Consultant Contract was approved by City Council on August 24, 2010 by Motion M2010 -197. * ** *Professional Services Contract approved by City Council on January 31, 2012 by Motion M2012 -028. 0 FMW .n W IJ no O -a--� C'r) � N � N V � O � U w -C:L v V� _ .- CL o U W � \ }�S .�. I C\l N t i cO G 22 N is L is i V O 00 ca .E LA W V O a co O O o O O O O O O O O O O O O O o 0 O O o O O O O O O O O O O O O O o 0 O O O O O 6 N .4 O N O . 6 O 6 (D 4 O O O O N N O M O LO LO O O O O O W S O W N O M L O Lr N M O a0 r M (D O (D - — — 0 M A O w O r— LO O N� O T— — M 0qqt O M qqt r— qqt M M M w O O 69 M 0qqt M M O N O DO Eii N N (D M N T— (f} T— (A bf} E:} N O O O N O O O O N N C C O O O O N O O O O N N M N •L co Q � Q c U U ° C co O .0 r. O U 7 .. _ Q U C.) c c :3 O c O .. (.v C3 U • O C r. 0) >, Q U) U > C 0 O N C O U L a� N ai c> N >, a) � -a > o U c Q y L Z >, c a� > °- > N N .� 0x L w Y ° Q co '�/� U) O i W N C +' r- C •� N> N Q Z N z co a° •(B CU CD N a Y w L a J C N �. m �. z >. ° a m � cu L O d a) CO m z co U) - 0 .. _ Cl U J 0 w _ w `� O a H w L cu m m w m .. o z .. o 0 � � � ch � C U (on O U cu a L O L O w m ° w m O 0) - V a 0 ° JQ U J U N U O E U cu > > w o o o CU a) (n o 3: E ° m ° •C-) � N a co a w C..i a) (.i a) U .� cn +��+ U .Q) > m •C..i 06 L U 0 co 3 J CO 3 o to v a o N N ch 0) ch 0) � a� O � z z c c c c i cn O i n a) "' c a U~ L LL � L L � 0 U U w Kii Cyr PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of February 12, 2013 1852 Action Item for the City Council Meeting of February 26, 2013 DATE: January 31, 2013 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc@cctexas.com (361) 826 -3105 Appointing Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation CAPTION: Motion appointing Council Members Nelda Martinez, Kelley Allen, Rudy Garza, Priscilla Leal, David Loeb, Chad Magill, Colleen McIntyre, Lillian Riojas and Mark Scott as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. PURPOSE: The City has three corporations for which the City Council serves as the Board of Directors. These corporations are the Corpus Christi Community Improvement Corporations (CCCIC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three corporations, the Corpus Christi Community Improvement Corporation is incorporated under the Texas Nonprofit Corporations Act and therefore appoints its own membership, as opposed to the other two for which the City Council makes the appointments. BACKGROUND AND FINDINGS: Not Applicable. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Neighborhood Services Legal 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: Not Applicable RECOMMENDATION: Staff is recommending approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: None. Cyr PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of February 12, 2013 1852 Action Item for the City Council Meeting of February 26, 2013 DATE: January 31, 2013 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc@cctexas.com (361) 826 -3105 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation CAPTION: Motion appointing Council Members Nelda Martinez, Kelley Allen, Rudy Garza, Priscilla Leal, David Loeb, Chad Magill, Colleen McIntyre, Lillian Riojas and Mark Scott as Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. PURPOSE: The Coastal Bend Health Facilities Development Corporation was formed in 1984 to facilitate the financing of health care facilities through the issuance of tax - exempt revenue bonds as authorized by federal tax laws. The Coastal Bend Cultural Education Facilities Finance Corporation was created in 2009 to replace the Coastal Bend Health Facilities Development Corporation. Since the Coastal Bend Health Facilities Development Corporation still has bonds outstanding from earlier financing, it cannot be dissolved until those bonds are either retired or refunded. Council Members are appointed to serve on both of these corporations in order to maintain continuity for both organizations until the Health Facilities Development Corporation can be dissolved. BACKGROUND AND FINDINGS: Not Applicable. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Neighborhood Services Legal 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: Not Applicable RECOMMENDATION: Staff is recommending approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: None. p AGENDA MEMORANDUM ',IeOR p,RAI ° Public Hearing and First Reading for the City Council Meeting of February 12, 2013 185 Second Reading /Action Item for the City Council Meeting of February 26, 2013 DATE: February 7, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, (Development Services) Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Brooke Tract, L.P. (Case No. 0113 -01) Change from "RS -6" Single - Family 6 District to "RM -1" Multifamily 1 District Property Address: 7201 Brooke Road CAPTION: Case No. 0113 -01 Brooke Tract, L.P.: 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 is described as 39.99 acres out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Rodd Field Road and Brooke Road. PURPOSE: The purpose of this item is to rezone the property to allow multifamily uses. RECOMMENDATION: Planning Commission and Staff Recommendation (January 16, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, 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 construction of an apartment complex on an approximately 40 -acre site with a maximum potential density of 22 dwelling units per acre. Staff has determined that the subject property is suitable for a medium - density apartment complex. This rezoning is compatible with the present zoning and conforming uses of nearby properties, and does not have a negative impact on the surrounding neighborhood. Although inconsistent with the adopted Future Land Use Plan, developing apartments will maintain the residential nature of the property in this area. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: The zoning case is considered controversial because the owners north of Brooke Road attended the Planning Commission meeting and voiced their opposition and submitted a petition opposing the change of zoning. CONFORMITY TO CITY POLICY: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. The rezoning, however, would be appropriate for this location and it is consistent with elements of the Comprehensive Plan, such as locating medium density residential developments in areas with convenient access to an arterial -type roadway. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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): Comments: None LIST OF SUPPORTING DOCUMENTS: PowerPoint Slides Zoning Report with Attachments Ordinance with Exhibits r ♦ � r �k Cc SOO U a o C N r (-P~ •q. ,x* : "—O) V urn ;gas 3 V.: "-: " . c°r� 9i uGi3aa5 'Lu 4Z sTQ I li f1 �.:, io yn.° say °o £GS' 1. q 1 r .tu n 4 mow 71 4 AV ki I ■ U/ von Ca U) 06 C: O s 0 AM (n m %+ U) '0 C� O E U o L � s C: C� C� ca ZONING REPORT Case No.: 0113 -01 HTE No. 12- 10000042 Planning Commission Hearing Date: January 16, 2013 a Applicant /Owner: Brooke Tract, L.P. a — .o Legal Description /Location: 39.99 acres out of Lots 16, 17, 18, 19, v a 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden —J y Tracts, located on the southeast corner of Rodd Field Road and CL Q °a Brooke Road. o y From: "RS -6" Single - Family 6 District c To: "RM -1" Multifamily 1 District c Cr Area: 39.99 acres N Purpose of Request: To allow construction of an apartment complex. Existing Zoning Existing Land Use Future Land Use District Site "RS -6" Single - Family 6 Vacant Low Density Residential (D North "RS -6" Single - Family 6 Drainage Corridor Drainage Corridor N "RS -6" Single - Family 6 "RFami5 Vacant & Low Density South & Public Semi - Public Residential 4.15g1e w East "RS -6" Single - Family 6 Vacant Low Density Residential West "FR" Farm Rural & Vacant Low Density "RS -6" Single - Family 6 Residential Area Development Plan: The subject property is located in the Southside c Area Development Plan (ADP) and is planned for low density residential uses. cL The proposed change of zoning to the "RM -1" Multifamily 1 District is not a c consistent with the adopted Future Land Use Plan. o Map No.: 041031 and 042031 a Zoning Violations: None Transportation and Circulation: The subject property has approximately 790 feet of frontage along Rodd Field Road, which is an "A3" Primary - Arterial M Divided street. The property potentially has access to County Road 7B (future C CL Fred's Folly Drive), which is a proposed "Cl" Minor Residential Collector y street. The property also has potential indirect access to Brooke Road, which is a "Cl" Minor Residential Collector street, via a drainage crossing on County Road 7B (future Fred's Folly Drive). Zoning Report Case # 0113 -01 Brooke Tract, LP 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 construction of an apartment complex with a maximum potential density of 22 dwelling units per acre. Applicant's Development Plan: The proposed apartment complex will be constructed in two phases. The apartment complex will consist of 14 buildings in Phase 1 and 10 buildings in Phase 2. Phase 1 will consist of 280 dwelling units, while Phase 2 will consist of 220 dwelling units. The developer currently proposes a density of approximately 12.5 dwelling units per acre, which will classify the use as medium density residential (8 -22 dwelling units per acre). The apartment buildings will wrap around an existing 33 -acre private lake. The apartments will have access to Rodd Field Road. A 125 -foot drainage ditch located north of the subject property will buffer the subject property from the single - family neighborhood on the north side of Brooke Road. There will also be a portion of land zoned "RS -6" Single - Family 6 District between the subject property and the single - family neighborhood on the east side of County Road 7B (future Fred's Folly Drive). Existing Land Uses & Zoning: South of the subject property is vacant land zoned "RS- 4.5" Single - Family 4.5 District. North of the subject property is a drainage corridor, a single - family neighborhood, and a church zoned "RS -6" Single - Family 6 District. East of the subject property is vacant land zoned "RS -6" Single - Family 6 District. West of the subject property across Rodd Field Road is vacant land zoned "FR" Farm Rural District. Southwest of the subject property is the future site of Bay Area Fellowship church, which is zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type (2011) Rodd Field "A3" Primary- 130' ROW 130' ROW 9,901 O Rd. Arterial Divided 79' paved 24' paved (2010) d Q "Cl" Minor 60' ROW 50' ROW Not L Brooke Rd. Residential 40' paved 32' paved Available in Collector Fred's "Cl" Minor 60' ROW 30' ROW Not Folly Dr. Residential 40' paved 12' paved Available (CR 7B) Collector 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 construction of an apartment complex with a maximum potential density of 22 dwelling units per acre. Applicant's Development Plan: The proposed apartment complex will be constructed in two phases. The apartment complex will consist of 14 buildings in Phase 1 and 10 buildings in Phase 2. Phase 1 will consist of 280 dwelling units, while Phase 2 will consist of 220 dwelling units. The developer currently proposes a density of approximately 12.5 dwelling units per acre, which will classify the use as medium density residential (8 -22 dwelling units per acre). The apartment buildings will wrap around an existing 33 -acre private lake. The apartments will have access to Rodd Field Road. A 125 -foot drainage ditch located north of the subject property will buffer the subject property from the single - family neighborhood on the north side of Brooke Road. There will also be a portion of land zoned "RS -6" Single - Family 6 District between the subject property and the single - family neighborhood on the east side of County Road 7B (future Fred's Folly Drive). Existing Land Uses & Zoning: South of the subject property is vacant land zoned "RS- 4.5" Single - Family 4.5 District. North of the subject property is a drainage corridor, a single - family neighborhood, and a church zoned "RS -6" Single - Family 6 District. East of the subject property is vacant land zoned "RS -6" Single - Family 6 District. West of the subject property across Rodd Field Road is vacant land zoned "FR" Farm Rural District. Southwest of the subject property is the future site of Bay Area Fellowship church, which is zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Zoning Report Case # 0113 -01 Brooke Tract, LP Page 3 Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. The rezoning, however, would be appropriate for this location and it is consistent with elements of the Comprehensive Plan, such as: 1.) Medium - density residential development should be located in areas with convenient arterial access (Comprehensive Plan, Residential Policy Statement F). 2.) Traffic hazards should be lessened by discouraging through traffic within residential areas (Comprehensive Plan, Residential Policy Statement J). Department Comments: • The subject property is suitable for medium - density residential uses. • There have been several attempts to develop this tract of land with single - family uses and all have failed for various reasons. Although inconsistent with the adopted Future Land Use Plan, developing apartments will maintain the residential nature of the property in this area. The proposed apartment complex will have direct access to Rodd Field Road. With direct access to an arterial -type road, traffic will be discouraged through the surrounding residential areas. This rezoning is compatible with the present zoning and conforming uses of nearby properties, and does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation (January 16, 20131 Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. Number of Notices Mailed — 26 within 200' notification area; 4 outside notification area 0 As of January 17, 2013: In Favor — 2 (inside notification area); 0 (outside notification area) a 0 In Opposition — 5 (inside notification area); 0 (outside notification area) For 0.45% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Preliminary Development Plan 3. Public Comments (Letter and Petition) K : \DevelopmentSvcs \SHARED\ZONING CASES \2013 \0113 -01 Brooke Tract \0113 -01 Report for CC, Brooke Tract. CIOCX FR a " 9 8 �ACHAR"OLDA E%?fEN' A C H RS-6 SOUTH F "K " 2 13 RACT RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 11 �%ISx 6 G_ 29 23 ­*� . F h M � M .a M To Whom It May Concern: My name is Leslie Fiscus and I live at 3221 Turkey Hollow Court in Corpus Christi. I am writing this letter in strong opposition to the proposed zoning change on the Brooke Road tract of land. I have been a resident in the South Fork II Subdivision since October of 2010. My family and I relocated to this specific subdivision for the proposed new schools, proximity to the south side and specifically, the lack of large multi - family housing. There have been several new subdivisions that have been and are being built in our area and it is becoming a great place for families. It is my opinion, that these zoning changes will quickly and dramatically affect these families. Effects on South Fork II Subdivision 1. Privacy - for residents whose property backs up to Brooke Road, there will be virtually no privacy from the second and third floors of an apartment complex. With most of South Fork II residents being families with young children, I am uneasy about the potential safety risks of this lack of privacy. 2. Traffic - Brooke Road is currently a narrow 2 -lane road, with no shoulder or sidewalks, and the certain traffic increase will create a motor vehicle and pedestrian risk for the residents of South Fork II and the tenants of the proposed apartments. Additionally, Rodd Field Road remains 2 -lanes from Mansions to Yorktown and the additional traffic might present traffic concerns for parents and school officials at the new Kolda Elementary. In closing, I would simply ask yourselves the question, "Would you want an apartment complex built in your backyard ?" I appreciate your time and this opportunity to voice some of our concerns regarding this issue. Sincerely, Leslie Fiscus Petition AGAINST proposed rezoning (Case #0113-01) We oppose the measure to allow rezoning from single family residential to multi-family residential apartments and urge our representatives to not permit rezoning. I � I I I ImIllil jlll�� 1� I �l� I jllj� I � I p �� I linpip III rezoning. Petition AGAINST proposed rezoning (Case #0 113-0 1 ) We oppose the measure to allow rezoning from single family residential to multi-family residential apartments and'urge our representatives to not permit rezoning. Petition AGAINST proposed rezoning Petition AGAINST proposed rezoning (Case #0113-01) Ordinance amending the Unified Development Code ( "UDC ") upon application by Brooke Tract, L.P. ( "Owner "), by changing the UDC Zoning Map in reference to 39.99 acres out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Brooke Tract, 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, January 16, 2013, during a meeting of the Planning Commission, and on Tuesday, February 12, 2013, 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. Upon application made by Brooke Tract, L.P. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on 39.99 acres out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located on the southeast corner of Rodd Field Road and Brooke Road, from the the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map Nos. 041031 and 042031), as shown in Exhibits "A" and "B." Exhibit "A," which is a metes and bounds description of the Property, and Exhibit "B," which is a map to accompany the metes and bounds, are 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 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. 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 , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 URBAN ENGINEERING STATE OF TEXAS COUNTY OF NUECES Job No. 16198.B2.13 December 6, 2012 Revised: December 26, 2012 Fieidnotes for a 3999 acre tract of land out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas and being a portion of that 153.714 acre tract described in Warranty Deed dated February 14, 2006, executed by John C. Brooke, et al, to Brooke Tract, LP and recorded under Clerk's File No. 2006008362, Official Public Records of Nueces County, Texas; said 39.99 acre tract being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod with a red plastic cap stamped "Urban Engr C.C. TX" found on the southwest boundary of Brooks Road, a 60.00 foot wide public roadway, for the east corner of said 153.714 acre tract; Thence, South 29 °16'12" West, along the southeast boundary of said Lot 19 & 28, same being the southeast boundary of above mentioned 153.714 acre tract, a distance of 1542.62 feet to a point on the southeast boundary of said Lot 28; Thence, North 60 °4348" West, a distance of 200.00 feet for the Point of Beginning of this description and for the easternmost corner of this tract; Thence, South 29°16'12" West, a distance of 305.19 feet for the southernmost corner of this tract; Thence, North 60 °4424" West, a distance of 1254.70 feet for the a corner of this tract; Thence, North 19 °05'33" West, a distance of 633.49 feet for the a corner of this tract; Thence, North 70 °46'54" East, a distance of 141.95 feet for the a corner of this tract; Thence, North 299 0'20" East, a distance of 436.42 feet for the a corner of this tract; Thence, North 60 °49'40" West, a distance of 750.00 feet to the southeast boundary of Rodd Field Road, a public Roadway and for the westernmost corner of this tract; Thence, North 29'10'20" East, along the Southeast boundary of said Rodd Field Road, a distance of 691.38 feet for the a corner of this tract; S:1Surveying1 161981 B2131 FN1 6198B213- 39.99AC- LAKE- 2012.doe Page 1 of 3 (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX (361)854 -6001 www.urbaneng.com EXHIBIT A TBPE Firm #145 Thence, North 55 °44'14" East, along the flared right -of -way of said Rodd Field Road a distance of 74.31 feet for the northernmost corner of this tract; Thence, South 60 °47'28" East, a distance of 2197.82 feet for the a corner of this tract; Thence, with the east boundary of this tract, as follows: South 29 °12'32" West, a distance of 130.39 feet; North 60 °56'33" West, a distance of 120.04 feet; North 65 051159" West, a distance of 205.28 feet; South 85 °49'40" West, a distance of 51.36 feet; South 13 056'00" West, a distance of 49.24 feet; North 84 °13'13" West, a distance of 3.73 feet; North 05 °39'56" West, a distance of 29.69 feet; North 16 °53'09" West, a distance of 36.08 feet; North 60 °50'11" West, a distance of 81.39 feet; North 48 024'18" West, a distance of 42.52 feet; North 61°51'10" West, a distance of 90.47 feet; South 22 °53'34" West, a distance of 29.06 feet; North 76 °5424" West, a distance of 161.73 feet; South 88 °01'16" West, a distance of 86.56 feet; North 80 °09'05" West, a distance of 47.12 feet; South 72 °29'25" West, a distance of 101.40 feet; North 61 °59'11" West, a distance of 28.78 feet; South 06 °44'02" West, a distance of 23.49 feet; South 66 °3231" West, a distance of 9.42 feet; South 50 °24'49" West, a distance of 102.39 feet for the south corner of this tract; North 39°35'11" West, a distance of 177.29 feet for a corner of this tract; North 50 009'56" West, a distance of 438.09 feet; South 37°31'39" West, a distance of 79.58 feet for a corner of this tract; South 29 °12'31" West, a distance of 92.76 feet; South 44 050'07" East, a distance of 576.15 feet; South 38°13'04" West, a distance of 7.08 feet; South 22 °58'40" West, a distance of 91.32 feet; South 49 059119" West, a distance of 30.25 feet; South 21 °25'16" West, a distance of 191.73 feet; South 15 °34'57" West, a distance of 111.37 feet; South 21 1122'38" West, a distance of 228.70 feet; South 01 004'22" East, a distance of 68.57 feet; South 34 °28'31" East, a distance of 54.15 feet; South 61 °15'04" East, a distance of 189.47 feet; South 58 °30'49" East, a distance of 207.78 feet; South 61016'40" East, a distance of 237.28 feet; South 17 °58'38" West, a distance of 7.30 feet; SASurveying1161981B2131FN 161985213- 39.99AC- LAKE -2U 12.doc Page 2 of 3 iO:A:i1 -.11WO South 74 039'09" West, a distance of 41.40 feet; South 70 °38'17" East, a distance of 57.96 feet; North 62 °04'20" East, a distance of 34.31 feet; Thence, South 61 °46'21" East, a distance of 377.36 feet for the Point of Beginning and containing 39.99 acres of land. Bearings based on the southeast boundary of Rodd Field Road, as monumented on the ground and shown as North 29 °10'20" East. This description is not based on a current on the ground survey. This description prepared' from previous surveys and record information. 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. S:\Surveying\16198\B213\FNI6198B213-39.99AC-LAKE-2012.doc Page 3 of 3 URBAN ENGINE Dan L. Urban, R.P.L.S. License No. 4710 �V'ouee.ea. ....1Y��T1L7f.� v.•a�]f X71 iO:A:ii:11r_l LINE ' ) pFd. la 5ie° IR with red Brooks Road (60' R.O.W. plastic cap stamped Point Of DISTANCE L36 561'46'21 "E 377.36' "Urban Engr C.C. TX" Commencement 34.31' L38 570'38'17 "E 57.96' L39 574'39'09 "W 41.40' L40 51 T58'38 "W L41 561'16'40 "E S60'47'28" E 2197.E2' 558'30'49 "E 207.7$' Drainage R.O.W. 189.47' L44 534'28'31 "E 54.15' L45 S01'04'22 "E 6$.57' L46 8 "W 42.52' L12 N60'50'11 "W �• L13 Lot 17, Section 26 L14 N0539'56 "W L11 L20 N84' 13' 13 "W N L16 Flour &u :f and Fncindi L17 58549'40 "W L1 L18 18 L19 0 N60'5fi'33 "VJ Farm and Garden Tracts 529'12'32 "W 130.39' Vol. A, Pgs. 41 -43, Map L7 1� o U Records of Nu ces County, Texas L L9 v v� 00 N59vg L6 L12 N �,� ■ S37.3113p 79.58 •09$ L3 See Detail "A" N N o S29'12'31 N39'35'1 L2 Lot 18, Lot 19, J r 92.76' 177.29 Section 26 Section 26 6o S44• , "A" S. 57 ~E L51 Detail � 1.26 acres L50 L40 ,�.� L18 N60'49'40V 750. �. 1 1.48 acres L16 N QdN. L12 Lot 16, SccCon 26 Oap TotelA 39.99A,s f L13 L1 6.52 acres 1° C4 L14 N Lot (q 16.64 acres out of 60 N70'46'5 'E Lot 30 r Line Lots 20 -21, 141.95 Section 26 Lot 31 L45 26 -27 I \ Section 26 r� °1 \ N�9n L44 L43 L42 L40 N60'43 '4"W 240.00 \ v C'. c; L41 L.36 II a L397 a 'le' /ono L36 •C 4 x N I� 529'16'1 305.19 imp o ID N60'44'24V 1254.70* Wcn ° J E a \ % a I� MN O N IIJ Lot 1, Block 1 Lot 29, Section 26 Lot 28, Section ao 26 p m a ° Zachary Koldo Elementary I School Track LINE BEARING DISTANCE Vol. 67, Pgs. 504 -505, Map L1 550'24'49 "W 102.39' j �+ Records of Nueces L2 566'32'31 "W 9.42' County, Texas L3 S0644'42 "W "W 23.49' L4 N61'59'11 28.78' I 3.0 acres t\ L5 572'29'25 "W 101.40' out of \ I L6 N80'09'45 "W "W 47.12' I Section 27, Section , e ,25Y.R. ,a'a.E. L7 L8 588'01'16 N76'54'24 "W 86.56' 161.73' L9 522'53'34 "W "W 29.06' Slough Road L10 N61'S1'1D 90.47' L11 N48'24'1 Note: No monumentation found or set unless otherwise noted. EXHIBIT B 400 0 400 800 Map to Accompany FIELDNOTES for a 39.99 acre tract of land GRAPHIC being out of Lots 16, 17, 18, 19, 28, 29 and 1" = 40SCALE 30, Section 26, Flour Bluff and Encino[ Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records URBA Rte• of Nueces County and being a of that DATE' Dec. 26. 2012 Dec. 6. 2012 portion 153.714 acre tract described in Warranty Deed SCAM j =r W' dated February 14, 2006, executed by John C. ENGINEERING JOB NO.: 16198.82.13 Brooke, et al Brooke Tract, LP and recorded HEE SHEET: 1 Of 1 : I I Ito under Clerks File No. 2006008361, Official CORPUS CHRISTI, TEXAS Public Records of Nueces County, Texas. DRAW Fam Na 1.15.• 2725 Sbvetaer St., Cows aisa; 7x 78404 BY: RLO PHONE (361) 854 -3101 FAXs� P\, n ' Se �2131FxiblgBB 33�Oj1;16%19124:58:il P [ eed LINE BEARING DISTANCE L36 561'46'21 "E 377.36' L37 N62'44'20 "E 34.31' L38 570'38'17 "E 57.96' L39 574'39'09 "W 41.40' L40 51 T58'38 "W L41 561'16'40 "E 237.28' L42 558'30'49 "E 207.7$' L43 561'15'04 "E 189.47' L44 534'28'31 "E 54.15' L45 S01'04'22 "E 6$.57' L46 8 "W 42.52' L12 N60'50'11 "W 81,39' L13 N16'S3'09 "N1 36.08' L14 N0539'56 "W 29.69' L1 S N84' 13' 13 "W 3.73' L16 51356'00 "W 49.24' L17 58549'40 "W 51.38' L18 N65'51'59'11J 205.28' L19 N60'5fi'33 "VJ 120.04' L20 529'12'32 "W 130.39' LINE BEARING DISTANCE L36 561'46'21 "E 377.36' L37 N62'44'20 "E 34.31' L38 570'38'17 "E 57.96' L39 574'39'09 "W 41.40' L40 51 T58'38 "W L41 561'16'40 "E 237.28' L42 558'30'49 "E 207.7$' L43 561'15'04 "E 189.47' L44 534'28'31 "E 54.15' L45 S01'04'22 "E 6$.57' L46 521'22'38 "W 228J0' L47 51534'57 "W 111.37' L48 521'25'15 "W 191.73' L49 549'59'19 "W 30.25' L5D 522'58'40 "W 91.32' L51 538'13'04 "W 7.08' Ordinance amending the Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 8, "Residential Code," Section 14 -291, "Residential construction code," by creating new subsection (6.1) pertaining to Section R302.1 of the International Residential Code for One- and Two - Family Dwellings, which relates to exterior walls and fire - resistant construction, in order to establish new exception language and include modifications to the applicable table; providing for severance, penalties, publication and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 8, "Residential Code," Section 14 -291, "Residential construction code," is amended by creating new sub- section (6.1) pertaining to Section R302.1 of the International Residential Code for One - and Two - Family Dwellings, which relates to exterior walls and fire - resistant construction, in order to establish new exception language and include modifications to the applicable table, to read as follows: "Sec. 14 -291. Residential construction code. With the following additions, deletions, and revisions, the International Residential Code for One- and Two - Family Dwellings, 2009 Edition (Including Appendix O, Gray Water Recycling Systems (see International Residential Code Section R102.5 2009 Edition)), as published by the international Code Council, a copy of which, authenticated by the signatures of the Mayor and City Secretary of the City of Corpus Christi, made public record by this Section, and on file in the City Secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: "(6.1) R302.1 Exterior walls. Construction, projections, openings and penetrations of exterior walls of dwellings and accessory buildings shall comply with Table R302.1. "Exceptions: fig "6. Proiections may extend bevond the exterior wall on zero lot line construction. Projections shall be constructed from non - combustible material on the underside and may allow manufactured perforated soffit material installed for attic ventilation. The soffit may project a maximum of 24 inches, excluding noncombustible gutters, over the adjacent property line. The projection into the adjacent Property must have a private easement between owners, and must be recorded on the plat." "TABLE R302.1 EXTERIOR WALLS" EXTERIOR WALL ELEMENT MINIMUM FIRE- RESISTANCE RATING MINIMUM FIRE SEPARATION DISTANCE Walls (Fire- resistance rated) 1 hour - tested in accordance <5 feet with ASTM E 119 or UL 263 with exposure from both sides (Not fire - resistance rated 1 0 hours >_5 feet (Fire- resistance rated) 1 hour on the underside z 2 feet to -54eet Projections (Not fire - resistance rated 1 0 hours 3 feet Not allowed N/A <3 feet Opening in Walls 25% maximum of wall 0 hours 3 feet area Unlimited 0 hours 5 feet Penetrations All Comply with Section R317.3 <5 feet 5 feet None required "For SI: 1 foot = 304.8 mm. N/A = Not Applicable." SECTION 2. If, for any reason, any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Sections 1 -6, 1 -6.1, and any other applicable provisions of The Code of Ordinances, City of Corpus Christi. Unless otherwise specifically stated within the provisions of this ordinance or The Code of Ordinances, City of Corpus Christi, any violation of this ordinance or requirements implemented under this ordinance punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence." SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. IRC Text Amdmt Fire Sep vFinal Page 2 of 3 SECTION 5. This ordinance and its requirements take effect on and after April 15, 2013. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 2013. Nelda Martinez Mayor IRC Text Amdmt Fire Sep vFinal Page 3 of 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Feb. 12, 2013 Second Reading Ordinance for the City Council Meeting of Feb.26, 2013 DATE: November 29, 2012 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826 -3932 Adoption of the 2009 International Fire Code with local amendments. CAPTION: Ordinance adopting the International Fire Code, 2009 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; providing for penalties; providing for severance; and providing for publication. PURPOSE: The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection . from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises. BACKGROUND AND FINDINGS: On October 2003 the Fire Department adopted the 2003 International Fire Code, We are now proposing to adopt the 2009 International Fire Code with some local amendments. The 2012 International Fire Code has now been published and we will immediately proceed to adopt that version with some local amendments as soon as the 2009 International Fire Code is adopted. The codes have to be approved sequentially; therefore we will approve the 2009 code first. The main changes to the fire code are as follows: • Some sections in the current Fire Code have been moved to coincide with the 2009 International Fire Code. • The permit fee for "Open Burning" increased from $300.00 per day to $500.00 per day. • More stringent rules have been adopted for the placement and operation of "open -flame cooking devices" close to multi- family dwellings. • The preparation or serving of "flaming beverages" in places of assembly and drinking or dining establishments is prohibited. • Clarification on the requirements of property owners regarding the posting of "Fire Lane - No Parking" signs has been added to the fire code. • Fire hydrant proximity requirements have been clarified for multi - family dwellings. • Above - ground tanks storing hazardous liquids shall be inspected annually by the owner and inspected every three years by a professional engineer licensed in Texas. Copies of the adopted 2009 Fire Code with reference material and local amendments will be made available at the City Secretary's Office. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This ordinance conforms to Chapter 18 of the Code of Ordinances. EMERGENCY /NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating o Revenue n Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE runa(sy Comments: None RECOMMENDATION: Staff recommends approval to adopt the 2009 International Fire Code with local amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance adopting the International Fire Code, 2009 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; providing for penalties; providing for severance; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section I. Section 18 -1, Code of Ordinances is revised to read as follows: "Sec. 18 -1. Fire prevention code. "(a) The International Fire Code, 2003 2009 Edition, a copy of which, authenticated by the signatures of the mayor and the city secretary, made public record by this section, and on file in the city secretary's office, is hereby adopted verbatim by reference, as if fully copied at length in this article as the fire prevention code in chapter 18, article I, section 18 -1 of the City of Corpus Christi Code of Ordinances. "(b) Additions, deletions, and changes are made to the International Fire Code, 2-0� 2009 Edition, and correlated to the appropriate paragraph numbers in the International Fire Code as follows; "(1) Section 101. I.of the International Fire Code is revised to read as follows: "101.1 Title. These regulations shall be known as the Fire Code of City of Corpus Christi, and may be referred to as "this code." "(2) Section 909.2.1 of the International Fire Code is revised to read as follows: "909.2.1 Appendices. Provisions in the appendices may not apply unless specifically adopted. The appendices included in this code and the appendices included in referenced standards are not intended for enforcement unless specifically referenced in the code text or specifically included in this ordinance or necessary to clarify technical issues." "(3) Sections 103.2 and 103.3 of the International Fire Code is revised to read as follows: "103.2 Fire Prevention Bureau. There is hereby established a division of the Fire Department to be called the Fire Prevention Bureau and the person in charge shall be known as the fire code official and/or fire marshal. ■ . w r w w + w + W A w E + w, ji • A . .wow •. w w ♦• IRM w w + "(4) Section 104.5 of the International Fire Code is revised to read as follows: "104.5 Written notices and citations. At such time as an inspection is conducted by a representative of the fire prevention bureau and minor fire code violations are found to exist written notice specifying the defects is to be given to the business owner or any person in charge of the premises. A reasonable amount of time must be given to abate the violation. If a violation of the fire prevention code is unabated after written notice and a reasonable amount of time, then the fire official or fire inspector may issue a citation to the business owner or to any person in charge of the premises. However, the following violations are considered to be of a serious nature and citations may be issued immediately without prior written notice. "104.5.1 Locked or blocked exits in assembly or educational occupancies. "104.5.2 Nonfunctional or disabled fire alarm system, where required. "104.5.3 Closed valves to sprinkler system. "104.5.4 Overcrowded conditions. "104.5.5 Illegal burning. "104.5.6 No smoke detectors where required. "104.5.7 No fire extinguisher where required. "104.5.8 Any other condition that in the opinion of the fire inspector, poses imminent danger." "(5) Section 104.10.2 is added to this code to read as follows: "104.10.2 Rewards. The mayor is authorized and directed to make public proclamation in the name of the city offering a reward of five hundred dollars ($500.00) for the arrest and conviction in a court of competent and final jurisdiction, of any person found guilty of the crime of arson, as defined in the statutes of the state, within the limits of the city and to have the proclamation printed upon placards eight (8) by twelve (12) inches in size and placed in wooden frames, under glass, and posted in at least 20 public buildings in the city." t - A 1 w 484 �Q . 105.6.19.1 -- 105.6.19.3 are added to this code to read as follows: "105.6.20.4.105.6.19.1 Fumigators and thermal insecticidal foggers may pay an annual permit fee in the amount of three hundred fifteen fib dollars ($215 00- 350.00). "405.6.20.2.105.6.19.2 Annual permit holders must call at least twenty -four (24) hours before the fumigation is to begin. "105.6-20-3.105.6.19.3 The fire official is to be notified at least twenty -four (24) hours before any building or structure or ship is to be closed in connection with the use of any toxic or flammable fumigant and at the time the building or structure or ship is released for occupancy. 9) LD Sections 105.6.34 of the International Fire Code is revised to read as follows: "405.6.35 105.6.34 Places of assembly. An operational permit is required to operate a place of assembly. The permit may not be issued unless all seats, stands and structures conform to the requirements of the Corpus Christi Building Code." "{- 9)-S8) Sections 105.6.47 -- 105.6.53 are added to this code to read as follows: "4.95.6.48 105.6.47 Day care facilities. A permit shall be required to operate a day care facility. "405.6. 49-105.6.48 Foster home /group homes. A permit shall be required to operate a foster home or a group home. "105.6.50 105.6.49 High rise life safety systems. No person shall install, enlarge, or extend a high rise life safety system without a permit from the fire code official. "405. 6.54 105.6.50 Hospitals and nursing homes. A permit shall be required to operate a hospital or nursing home. "4-0. X105.6.51 Restaurants. A permit shall be required to operate a restaurant. "105.6.53- 105.6.52 Unvented and portable fuel burning heaters. No person shall sell, purchase, or use an unvented portable fuel burning heater within the city limits without a permit. "105 4105.6.53 Commercial vent -a -hood cleaning. An operational permit is required to clean commercial vent -a- hoods, documentation must be provided indicating training from a nationally recognized agengy agency complying with NFPA 96." "k4-4aSection 105. 7, 105.7.7 of the International Fire Code is revised by adding a new subdivision 4 to this code to read as follows: "W5T-5- 105.7.7 Flammable and combustible liquids. A construction permit is required: "4. The application for a permit to install an above ground flammable or combustible liquid tank shall be accompanied by the following: "1. Manufacturer's installation requirements. "2. Listing for tank. "I Site plan showing address and proposed installation location." "022}LIO�Sections 105.8- - 105.10 are added to this code to read as follows: "105.8 Fee Schedule. Applications for permits shall be accompanied by the payment of fees in accordance with the Corpus Christi Fire Prevention Permit Fee Schedule, as follows: "Corpus Christi Fire Department "Fire Prevention Permit Fee Schedule Permit Fee Fee Fire /Arson reports $ 0.10 per page After hours overtime 50.00 per hour f3- inspections surGhage hour minimum) anRUa _EgSaid prior to scheduling inspection Airports, heliports and 100.00 annually helisto s Assembly 100.00 annual) Automatic sprinklers, 100.00 per visit standpipes, and fire lines (testing) Churches (one -time fee -- 100.00 no day care facility on premises Combustible fibers 100.00 annually (storage and handling) Commercial Vent -A -Hood 50.00 annually cleaning Compressed gas 100.00 annual) Cryogenic fluids 100.00 annuals Day care facilities (or 75.00 annually similar short-term occupancies) Demolition wl explosives 250.00 per event Dry cleaning plants 100.00 annual) Explosives, blasting 150.00 annually agents and ammunition storage.__. Extinguishing systems 100.00 per inspection Fire alarm systems 75.00 per floor_ er test visit Fire alarm systems 75.00 per zone_ (required 15,000 square per test visit foot zones Fireworks display aerial 250.00 per display Fireworks display (non- aerial 150.00 per display Flammable and combustible liquids 100.00 annually Flammable finishes 100.00 annual) Foster homes and group homes 75.00 annually Fumigation and thermal insecticide fogging 350.00 annually Hazardous chemicals 100.00 annual) High piled combustible stock 100.00 annually High rise life safety system (testing before issuance of C. of O.) 200.00 per test Hospitals and nursing homes 250.00 per facility plus 1.20 per bed LiquAed -Lique #led natural as 100.00 annually I ins iLiguefied petroleum gas 100.00 annually Lumber storage 100,00 annual) Mechanical refrigeration 100.00 annually Open burning 300.00 500.00 per day Organic coatings 100.00 annual) Plans review 150.00 per review Pressure test (fuel storage tanks and/or product lines 100.00 per visit Repair garages 100.00 annually Restaurants (facilities that accommodate 100 or less occupants) 100.00 annually Restaurants (facilities that accommodate more than 100 occupants 100.00 annually Special events permits Exhibits /shows 100.00 Flame effects 150.00 Visual 'inspection 50.00 Special handling fee (less than 24- hours' notice ) 100.00 per inspection Tank vehicles for 100.00 annually flammable and combustible liquids Tents and air supported 75.00 annually structures Tire rebuilding plant 100.00 annually Underground/aboveground 100.00 per fuel tanks (installation and inspection removal) Wrecking yard, junkyard or 100.00 annually waste handling "105.9 Applications and fees required for failure to pass inspections. If a site does not meet the standards for issuance of a permit after the first inspection, the applicant must submit a new application and pay a permit fee before any subsequent inspections will be conducted. "105.70 Burning permits. Burning permits will not be issued unless both fire prevention and environmental control division approve the material to be burned. "0,1+L11 �Section 108 of the International Fire Code is revised to read as follows: "SECTION 108 "MODIFICATION OF FIRE PREVENTION CODE "108.1 Appointment. The city manager, the fire chief, and the fire marshal, acting together, shall have the power to modify any provision of the fire prevention code, upon application in writing by the owner or lessee or their duly authorized agents, when there are practical difficulties in the way of carrying out the strict letter of the code; provided that the spirit of the code shall be observed, public safety secured and substantial justice done. Such modification shall only be applicable upon the unanimous approval of the city manager, fire chief, and the fire marshal in writing. The particulars of such modification when granted or allowed by such unanimous approval shall be entered into the records of the fire marshal and a signed copy be furnished to the applicant. "108.2 Appeals. "108.2.1 General. Whenever it is claimed that the provisions of this code do not apply, or when it is claimed that the true intent and meaning of this code or any of the regulations of this code have been misconstrued or incorrectly interpreted, the owner of such building or structure, or the owner's duly authorized agent, may appeal the decision of the fire official to the city manager by filing notice of appeal with the fire chief. Notice of appeal shall be in writing and filed within 15 days after the decision is rendered by the fire official. "908.2.2 Unsafe or Dangerous Building. In case of a building, structure or operation which, in the opinion of the fire official, is unsafe or dangerous, the fire official may, in his or her order, limit the time for such appeal to a shorter period. "108.3 Decisions. "908.3.1 Variances. The city manager, fire chief, and fire marshal, collectively, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case, when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or public interest, or when, in its opinion, the interpretation of the fire official should be modified or reversed. "908.3.2 Action. In every case, reach a decision without unreasonable or unnecessary delay. Each decision shall also include the reasons for the decision. If a decision reverses or modified a refusal, order, or disallowance of the fire official, or varies the application of any provision of this code, the fire official shall immediately take action in accordance with such decision. "108.3.3 Decisions Are Final. Every decision of the city manager, fire chief, and fire marshal shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. "108.4 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. "108.5 Administration. "The code official shall take action in accordance with the decision of the board." "44)-LI 2). Section 109.3 of the International Fire Code is revised to read as follows: "109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor punishable by a fine of not less than fifty ($50) dollars and not more than two thousand ($2,000) dollars , Each day that a violation continues after due notice has been served shall be deemed a separate offense." "0- 6)- L1__3LSection 110.1 of the International Fire Code is revised to read as follows: "110.1 General. All buildings or structures which do not provide adequate egress, which constitute a fire hazard, or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety or health are considered unsafe buildings. All such unsafe buildings are hereby declared illegal, and the fire official shall refer the building to the Zoning and Code Enforcement Administrator for abatement by repair and rehabilitation or by demolition." "46-� 14 Section 111.4 of the International Fire Code is revised to read as follows: "111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than fifty ($50.00) dollars or more than two thousand ($2,000) dollars." "{- }-Section 202 of the International Fire Code is revised by adding definitions for the terms "condominium" and "dwelling, multiple unit" and con by adding the word "condominium" to the R -2 occupancy classification in this code to read as follows: "Condominium. A single - dwelling unit in a multiunit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. "Dwelling, multiple unit. A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent. "Occupancy classification. For the purposes of this code, certain occupancies are defined as follows: "R -2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: "Condominiums" "(16) Section 308.1.4 of the International Fire Code is revised to read as follows: "308.1.4 Open -flame cooking devices. "No person shall install or operate a stove, oven, or barbecue pit, whether portable, temporary or permanent, on the premises of multi - family dwellings, apartments, condominiums, attached single family or hotels, when such stove, oven or barbecue pit is located less than ten (10) feet from any portion of a combustible building, including but not limited to decks arches balconies walls or verandas. This section does not apply to one - family -and two - family dwellings or to a stove, oven or barbecue pit installed inside multi- family dwellings, apartments, condominiums, attached single family or hotels in accordance with the city building codes." "(17) Sections 308.1.8 and 308.1.8_ ._1_ of the International Fire Code are revised to read as follows: "308.1.8 Flaming food and beverage preparation. The preparation or serving of flaming beverages is prohibited. The preparation of flaming foods in places of assembly and drinking or dining establishments shall be in accordance with Sections 308.1.8.1 through 308.1.8.5. "308.1.8.1 Dispensing. Flammable or combustible liquids used in the preparation of flaming foods shall be dispensed from one of the following: 1. A 1- ounce 9.6mi) container; or 2. A container not exceeding 1 :quart (946.5m1) capacity with a controlled pourinq device that will limit the flow to a 1 -ounce (29.6ml) serving." "(18) Sections 318 and 319 are added to this code to read as follows- "SECTION-346 318 "CONVALESCENT HOMES, HOMES FOR THE AGED, AND NURSERIES "316.1318. 1 Heating. Buildings occupied for the purposes of convalescent homes, homes for the aged, and nurseries shall have central heating plants with installation so as to safeguard the inherent fire hazard. "32318.2 Portable heaters. The use of portable heaters of any kind is prohibited. "316.3 318.3 Lighting. Lighting shall be restricted to electricity. " SECTION-W 319 "COMMERCIAL LAUNDRIES "317.1319.1 Vents and lint collectors. Vents and lint collectors shall be installed and maintained so that lint does not accumulate in the chase or area behind the dryers or the roof of the building." "(19) Section 503.1.1 of the Intemational Fire Code is revised to read as follows: "503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall allow access to three (3) sides of buildings in excess of fifteen thousand (15,000) square feet and all sides for buildings in excess of thirty thousand (30,000) square feet. During construction, when combustibles are brought on to the site in such quantities as deemed hazardous by the fire official, access roads and a suitable temporary supply of water acceptable to the fire department shall be provided and maintained. "Exception: When conditions prevent the installation of an approved fire apparatus access road, the code official may permit the installation of a fire - protection system or systems in lieu of a road, provided the system or systems are not otherwise required by this or any other code. "(20) Section 503.3 of the International Fire Code is revised to read as follows: "503.3 Marking. Where required by the fire code official, approved signs or other approved notices that include the words NO PARKING — FIRE LANE shall be provided for fire apparatus access roads to identify such roads or identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated Signs nr noti%s shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire department access roadways designated by the code official in accordance with the Fire Prevention Code shall be marked by the property owner along the perimeter with conspicuous signs which have the words, "Fire Lane - No Parking" in red four -inch high letters on a white background at fifty -foot intervals. Signs shall be a minimum of five (5) feet above the ground to the bottom of the sign and a maximum of eight (8) feet above the ground to the top of sign. In Lieu of signs, fi=ire lanes s4a11 may also be marked along curbing with the wording, "Fire Lane - No Parking" in white four -inch high letters on a red background stripe at fifteen -foot intervals. Exception: Universal "No Parking" signs may be used in lieu of the above. "(21) Section 503.4.1 is added to this code to read as follows: "503.4.1 Authority for removal. The owner of premises at or upon which a fire lane is required, or the agent of the owner, may have any vehicle that is parked in the fire lane, except an authorized emergency vehicle, removed and stored at the expense of the owner or operator of the vehicle, and subject to removal by the fire official, his or her designated assistants, or a police officer. "(22) Sections 507.5.1 of the International Fire Code is revised to read as follows: "508-5.4 WateF supply. 507.5.1 Where p required. All remises, other ..,_— than one - family and two - family detached dwellings, where buildings or portions of buildings are located more than one hundred fifty (150) feet from a fire hydrant shall be provided with approved on- site fire hydrants and water mains capable of supplying the fire flow required by the fire code official. The location and number of on- site hydrants shall be as designated by the fire code official, with the minimum arrangement being so as to have a hydrant available for distribution of hose to any portion of any building on the premises at distances not exceeding three hundred (300) feet but in no case shall hose lengths be greater than three hundred (300) feet. Public hydrants are recognized as meeting all or part of the above requirements. "(23) SeGtian 508.5.7 Section 507.57 is added to this code to read as follows: "597507.5.7 No parking near hydrant. No automobile, truck, or other vehicle shall be parked closer than fifteen (15) feet to any fire hydrant." "(24) Seotion 60 Section 603.10 is added to this code to read as follows: "603.4 Portable Unvented Heaters 603.10 Portable Lk quid Fuel Burning Heaters. The sale or use of any type of portable liquid fuel burning heater is prohibited. Construction sites and commercial sites, where flammable or combustible vapors are not present are exempt from this requirement with approval of the fire code official. A permit shall be required for the use of portable liquid fuel burning heaters. The sale or use of unvented fuel heaters at construction sites and commercial sites is prohibited, except that unvented portable liquid fuel burning heaters having the following safeguards may be approved for use: "1. Automatic means of shutting off fuel when heater is upset. "2. Adequate guards to protect persons against contact with flame or combustion chamber. "3. Listed by nationally recognized testing agency. "(25) Section 907.1.1 of the International Fire Code is revised to read as follows: "907.1.1 Construction documents. 1. Construction documents for fire alarm systems shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code, the international Building Code, and relevant laws, ordinances, rules and regulations as determined by the fire code official. 2. Construction documents for fire alarms stems shall be submitted for review and approval prior to system installation. 3. Two (2) complete sets of plans shall be provided to the fire prevention bureau. 4. These plans shall bear the signature and license number of the licensed fire alarm planning superintendent, the date of proposed installation and the name, address, and certificate -of- registration number of the registered firm. S. Any plans not drawn or submitted by a licensed planning superintendent will not be accepted. Other spe drift Rot be limited to, all ef the fGllo "(26) Section 907.2.3 of the International Fire Code is revised to read as follows: "907.2.3 Group E. A manual fire alarm system shall be installed in Group E occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. Smoke alarms shall be installed in of all educational occupancies including but not limited to day care centers, elementary and secondary schools, and all portable buildings. These devices shall be installed in accordance with the rules for "partial smoke detection systems ", except day care centers which will require additional protection in every room in which children sleep. Smoke alarms shall be listed and meet the installation requirements of NFPA 72. "(27) Section 907.2.24 is added to this code to read as follows: "907.2.24 Cooking operations. In the event the building has a fire protective signaling system, the fire suppression system for cooking operations shall be connected to the fire protective signaling system. NO" - - - w A "(2$) Section 912.2.3 is added to this code to read as follows "912.2.3 Proximity to hydrant. Fire department connections from each sprinkler or standpipe shall be located not more than 100 feet (30 mm) from the nearest fire hydrant connected to an approved water supply." "(29) Section 2206.2.3 of the International Fire Code is revised and amended by addinq a new subdivision 5 to this code to read as follows: "2206.2.3 Above - ground tanks located outside, above - grade. "2. Above - ground tanks used for above -grade storaae of Class 11 or IIIA liquids are allowed to be protected above- ground tanks or, when approved by the fire code official, other above - ground tanks that comply_, with Chapter 34 Tank locations shall be in accordance with Table 220611 but may only be located within a light and heavy industrial zoning districts. "3. Tanks containing fuels may not exceed 6, 00 ) 10,000 gallons in individual capacity or 1 8,G98 30.000 gallons in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm). "5. Above - ground tanks sto,rinq Class 1, 11, or 111A liquids shall be inspected annually by a company holding a Type A license issued by the Texas Commission on Environmental Quality. Any tank found to be damaged or not installed in accordance with its listing or this code shall be immediate) reported to the fire code official." "(30) Section 3301.2.4 of the International Fire Code is revised to read as follows: "3301.2.4 Financial responsibility. Before a permit is issued, as required by Section 3301.2, the applicant shall file with the jurisdiction a corporate surety bond in an amount deemed adequate by the fire code official or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement. "(31) Section 3308.5 of the International Fire Code is revised to read as follows: "3308.5 Storage of fireworks at display site. The storage of fireworks at the display site shall comply with the requirements of this section and NFPA 1123 or NFPA 1126 and shall be approved by the fire code official. At no time shall the amount of explosive compound exceed the amount necessary for one (1) show date consumption. a • S w ■■ • - -� IN - • - - .r. — — — — IWAIM — �— — — — — — •w — — — — mot IT.TF.Id - ~aa _ — W — w . + — — ■ • _ — — ■ — - - -. - •• - a • S w ■■ • — — • • — .r. — — — — IWAIM — �— — — — — — •w — — — — mot IT.TF.Id - ~aa _ ■■ • — — • • — .r. — — — — • — W — w . + - - -. - •• - "3308.14 -a The this - area wothon the Gity PFOViSiORS and to all of seGtiGn that area - -- and witWR five thousand (5,009) of f- the limits; Got hewever, that RO GhaRge OR the --t Gity of -Ity limits provided, August 1976, shall affect - GGGUFFiRg after - the 9ffeGtmve date "3309, 15 Duties of City Attorney. Notwithstanding Of 6U'-nC7hR of this - the Gity Atteffley is any pena4 autherized _ _ of his er heF _ , r _ ' • iRterfering _ _ fiFeWOFks, but it may Rot be t - Defense in lR v'olat'GR Gf thiS Ghapter, pro89GUtiOn. it may Rot be aRy PFGGeGUtj9R fGF the to Regate • _ ReGeSSaFy • _ be prGseGutwon dmfAmnrinnf PFGVISG kxi itinii af ^• - same may - - raised b - • . _ _ _ _ _ 21MOSIM11 _ _ • _ _ _ - _ .0. MAM 0. LWARILTMIJ _ _ _ _ _ _ _ _ _ "04 32 Section -3309 3310 is added to this code to read as follows: "SECTION 3309 3310 "INDOOR FIRE WORKS SPECIAL EFFECTS "3309.13310.1 Indoor Permit "3301- 3310.1.1 No person shall discharge any fireworks inside any building without a permit. Such permit shall describe the explosive compounds to be used and the amount per show. "3309.1.2 3310.1.2 Prior to the issuance of a permit for indoor fireworks, the operator shall file an application with the fire official, stating the operator's qualifications and other information as deemed necessary by the fire official to certify that the operator for which application has been made is capable of safely discharging such fireworks as described to the satisfaction of the fire official. "3303-3310.1.3 No permit once issued may be transferred to another location nor another operator. Any change in the information listed on the permit will require a new permit. Any time the circumstances for which the permit was issued change, the permit is void. "334- 3310.1.4 No permit shall be issued until the show setup is approved by the fire official or his or her designee prior to the first show. "3309.1.5 3310.1.5 No permit shall be issued unless the building listed as the location of the display has had a current fire inspection and is in compliance with this code. "3300 - 23310.2 Location and Amount "33003310.2.1 The location of the fireworks display shall be specified as to street address, building designation and exact area within the building to allow the fire official to determine that the proposed display can safely be discharged as approved. "3309.2.2 3310.2.2 At no time shall the amount of explosive compound inside the building listed on the permit exceed the amount necessary for one (1) show date consumption. "330°T3-3310.2.3 The pyrotechnic operator shall be licensed by the State of Texas as required by the Fireworks Rules of the State of Texas. "3309.2.43310.2.4 A public display permit shall also be obtained as required by the Fireworks Rules of the State of Texas." "(33 ) Section 3311 is added to this code to read as follows: "SECTION 3311 CONSUMER FIREWORKS "3311.1 Restricted Use. A person commits an offense if the person manufactures assembles stores transports, receives keeps, sells offers or has in his possession with intent to sell delive to any person or place, use discharge, cause to be discharged, ignite, detonate fire or otherwise set in action or have in his possession or on his person or under his control any consumer fireworks or any description except as herein provided. The fire official shall have the power to adopt reasonable rules and regulations for the ,granting of permits for supervised public displays of fireworks by a jurisdiction fair associations amusement parks, other organizations or for the Use of fireworks by artisans in pursuit of their trade.. Every such use or display shall be handled by a competent operator approved by the fire official, and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. "3311.2 Removal and Disposal. The presence of any consumer fireworks within the city or within five thousand (5,000) feet of the city limits except fireworks fora public display authorized bv the Fire Official, is declared to be a common and public nuisance and detrimental to the public health, safety and general welfare, and constitutes a violation of this Code. The fire official is directed and required to seize and cause to be safely destroyed any consumer fireworks found within the city or in violation of the other provisions of this fire prevention code. Any member of the fire department of the city or any police officer is empowered to seize any consumer fireworks found within the city or within five thousand (5,000) feet of the city _limits in violation of this article and cause the consumer fireworks to be safely destroyed. "3311,3 Definition. Consumer fireworks means and includes any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy Pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, pop pops (such as: pop tops, pow- wow, fun snaps, or similar explosive devices which can be projected, tossed, thrown, or dropped), skyrockets, roman candies, daygo bombs sparklers, or other devices of like construction and arly devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance that are not fireworks approved for use at an-approvad fireworks dis la under Section 3308, except that the term "consumer_ fireworks" shall not include any auto flares paper caps which contain twenty- five hundredths 0.25 of a grain of explosive content or less pe r ca-P and are used with toy pistols, toy canes toy guns, model rocket propulsion motors or other similar devices the sale and use of which shall be permitted at all times. "3311.4 Aplilicability. The provisions of this section apply to all of the area within the city and to all of that area adjacent to the city and within five thousand (5,000) feet of the city limits provided, however, that no change in the city limits occurring after August 4 1976, shall affect an expansion of the area in which this chapter applies until the 120th day following the effective date of such change in the city limits. "3311.5 Duties of City Attome . Notwithstanding any penal provisions of this article the City Attorney is authorized to file suit on behalf of the city or the fire ,marshal or both, for injunctive _relief as may be necessary to prevent unlawful storage transportation, keeping or use of consumer fireworks within the city and to aid the fire marshal in the discharge of his duties and to prevent any person from interfering with the seizure and destruction of such consumer fireworks, but it shall not be necessary to obtain any such in'unctive relief as a rere uisite to such seizure or destruction. "3311.6_ Defense in prosecution. In any prosecution for any violation of this chapter, it shall not be necessary for the prosecution to negate any proviso exception, but the same may be raised by the defendant by way of defense. The possession of a permit from the fire official shall constitute a defense to the persons named in such permit or in place of the persons named in such permit. "3311.7 Penalty. A person commits an offense if the person manufactures, assembles, stores, transports receives, keeps, sells, offers or has in his possession with intent to sell deliver to an arson or place, use discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action or has in his possession or on his person or under his control any consumer fireworks of any description except as herein provided. Any person, upon conviction of an offense for violation of any provision of this chapter, shall be fined not more than two thousand dollars ($2,000.00). If an saw consumer fireworks are qUarateIV wrapped or packaged, anV act required by this chapter involving each separately wrapped or packaged consumer fireworks constitutes a separate offense. Each day that a violation of this chapter shall continue with res ect to any package of consumer fireworks shall constitute a separate offense." HIM "�}L14JSection 3405.3.3 of the Intemational Fire Code is revised to read as follows: "3405.3.3 Heating, lighting and cooking appliances. Heating, lighting and cooking appliances which utilize Class I liquids may not be operated within a building or structure. "{a7} 35 Section 3801.1 of the Intemational Fire Code is revised to read as follows: "3801.1 Scope. Storage, handling and transportation of LP -gas and the installation of LP -gas equipment pertinent to systems for such uses shall comply with this chapter and NFPA 58. Properties of LP -gases shall be determined in accordance with Appendix B of NFPA 58. The transportation, storage, handling and use of liquefied petroleum gas and the installation and maintenance of all pertinent equipment is subject to the approval of the fire official. "{38}tL61Section 3803.1 of the Intemational Fire Code is revised to read as follows: "3803.1 General. Liquefied petroleum gas equipment shall be installed in accordance with the International Fuel Gas Code and NFPA 58, except as otherwise provided in this chapter or in other laws or regulations legally in effect. "3803.1.1 Within the limits of the City of Corpus Christi no storage container shall be installed, erected or used for a capacity to hold more than one hundred fifty (150) water gallons, except as follows: "3803.1.1.1 Installations accessory to service stations as permitted by the zoning ordinance, when the aggregate capacity of any one (1) installation does not exceed two thousand (2,000) gallons of water capacity. "3803.1.1.2 Installations accessory to industrial uses permitted in areas zoned industrial, when the aggregate capacity of any one such installation does not exceed two thousand (2,000) gallons of water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Official to increase the maximum allowable capacity to not more than eight thousand (8,000) gallons of water capacity after consideration of special features such as topographical conditions, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local fire department. "3803.1.1.3 Installations in " use a heavy industry zoning district. "3803.1.1.4 The restrictions in Section 3803. 1.1 to do not apply to containers used for transportation purposes. "3803.1.1.5 Containers larger than e44 one hundred fifty (150) water gallons capacity may be authorized and installed only after applicant has first obtained and presented to the Fire Official a written approval of such installation of the Director, Liquefied Petroleum Gas Division, Railroad Commission of Texas. "{ %- LILSection 3804.4 of the International Fire Code is revised to read as follows: "3804.4 Multiple container installation. Multiple container installations in an cFea zoned ; 3 "heavy -iRd stFia- a heav Indust zoning district with a total storage water capacity of more than 180,000 gallons (681 300 L) [150,000 -gallon (567 750 L) LP -gas capacity] shall be subdivided into groups containing not more than 180,000 gallons (681 300 L) in each group. No individual container may exceed thirty thousand (30,000) gallons water capacity. Such groups shall be separated by a distance of not less than 50 feet (15 240 mm), unless the containers are protected in accordance with all of the following one (1) through four (4) or five (5): "(c) Appendices: Appendix A, Board of Appeals; Appendix B, Fire -Flow Requirements for Buildings; Appendix C, Fire Hydrant Locations and Distribution; Appendix D, Fire Apparatus Access Roads; Appendix E, Hazard Categories; Appendix F, Hazard Ranking; Appendix G, Cryogenic Fluids - Weight and Volume Equivalents of the International Fire Code are solely for the purpose of providing information, recommended practices, and to clarify technical issues and may not have the force and effect of law. "(d) Violation of this code: Any person, firm, or corporation who violates a provision of this code is guilty of a misdemeanor and is liable to a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00). Each person, firm, or corporation is guilty of a separate offense for each and every day during which any violation of any of the provisions of this code is committed or continued. The owner or owners of any building or structure failing to comply with any of the provisions of this code, and the owner or owners of any premises where a violation of the provisions of this code occurs, and any architect, engineer, designer, builder, contractor, agent, person, firm, or corporation employed therewith and who has assisted in the commission of any such violation, is guilty of a separate offense. Section 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 18 -1(d), Code of Ordinances. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 12, 2013 852 Second Reading for the City Council Meeting of February 26, 2013 DATE: January 21, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Beach Fest 2013 event lease CAPTION: Ordinance authorizing the City Manager or designee to execute an Agreement with Elizabeth Guarneri for use of McGee Beach for music event to be held on March 16, 2013 and March 17, 2013. PURPOSE: Beach Fest 2013 is requesting to charge admission for the event. BACKGROUND AND FINDINGS: Beach Fest is a safe and fun alternative for Spring Breakers, and a way for non - profit organizations, especially those that serve the homeless population to raise funds for their organizations. The event organizers work with the Homeless Issues Partnership and area shelters by doing needs assessments and other studies to find out what the South Texas community needs. Council is requested to approve the date, location, admission fees and consideration for the 2013 Beach Fest. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: City Council action is required for lease agreements and fees charged in conjunction with public events. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 1$400.00 1 1$400.00 BALANCE 1 J$400.00 1 J$400.0 0 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Ordinance Lease with Exhibit Ordinance authorizing the City Manager or designee to execute an Agreement with Elizabeth Guarneri for use of McGee Beach for music event to be held on March 16, 2013 and March 17, 2013. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute an agreement with Elizabeth Guarneri for exclusive use of approximately 175 feet by 200 feet size area of McGee Beach for music event to be held on March 16, 2013 and March 17, 2013. A copy of the agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of , Nelda Martinez Mayor State of Texas § County of Nueces § Page 1 of 15 2413 USE AGREEMENT Know All By These Presents: This short term Use Agreement ( "Agreement ") between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its duly designated City Manager, and Elizabeth Guarneri, is in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipality. b. City Attorney - means the City's Attorney or designee. c. City Traffic Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. Promoter - means Elizabeth Guarneri. f. Event - means the music event to be held on March 16, 2013 and March 17, 2013. The specific types of activities at the Event include the following: live music and other activities as agreed to by the Parks Director. g. Parks Director - means the City's Director of Parks and Recreation or designee. h. Police Chief - means the City's Police Chief or designee. i. Premises - means the Event sites of approximately 200 feet by 175 feet size area of McGee Beach, more fully described on the attached and incorporated Exhibit A. j. Risk Manager - means the City's Director of Risk Management or designee. k. City Secretary — means the City Secretary or designee. 2. Term. This Agreement takes effect upon execution by the City Manager. Promoter will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. Page 2 of 15 3. Premises. City grants to Promoter the privilege of using the Premises, to conduct its paid admission Event on the dates March 16, 2013 and March 17, 2013, for the limited times listed on Exhibit B. 4. Event Layout Diagram. Promoter must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 5. Special Event Fee. Promoter must pay City a one -time Special Event Permit fee of $400.00 under City ordinance. 6. Use of other City property. Promoter may arrange for use of other City property such as Cole Park amphitheater through separate permit and additional permit fee. 7. Payment of City Costs. In consideration for the use of City property, Promoter will pay the City within 30 days after receipt of City invoice the actual cost incurred for services rendered, including any other City services provided by departments other than Parks & Recreation and Police, less any amount(s) that Promoter has disputed. An invoiced amount will be considered to be in dispute upon receipt, by the Parks Director, of a written notice from Promoter The written notice must detail the basis for the disputed claim and must be received by Parks Director within twenty (20) calendar days of Promoter's receipt of City invoice. Resolution and payment of any disputed amount(s) will be governed by Section 25. The Parks Director will invoice Promoter for the City's Direct Costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered (such as set up and take down, Event clean -up, street sweeping, and repair categories. Upon receipt of written request of Promoter, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces anticipated attendance at the Event, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event may include, but are not limited to: 1. Damages to City property as a result of the Event, which will be billed at the cost of repair. This includes but is not limited to, damages caused by negligent acts or omissions of Promoter, its employees, volunteers, vendors, contractors, or subcontractors. This includes but is not limited to, damages to the utility infrastructure such as water lines caused by acts of Promoter, its employees, volunteers, vendors, contractors, or subcontractors. If the sod at the Premises is damaged, Promoter agrees to either replace the sod with similar product, or to reimburse the City's costs for sod replacement. Parks Director will provide Promoter a punchlist of damage to City property within seven (7) days after Promoter has vacdated the City property. Promoter must repair damages within Page 3 of 15 ten (10) days after receipt of the punchlist. If Promoter fails to restore all items on the punchlist, Parks Director may do so and invoice Promoter for direct costs. Promoter shall be responsible to replace any turf damage due to the use for these Events. Promoter must fill and compact all holes in grassy areas made during the Event. Parks Director must approve all fill material. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant City departments, at applicable City rates for the year billed. (Promoter will be given the opportunity to hire and work its own clean up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable City rates for the Police Officers assigned. For the Event, Promoter shall be responsible for 100% of all non - police City Direct Costs, 100% of all City health permit/vendor and related fees, and 100% of police overtime. 4. Costs of any other services requested by Promoter and provided by City are Promoter's responsibility. B. Notice of Costs. For planning purposes only, attached as Exhibit C are estimates of the rates and costs for City Services that may be provided for the Event. Promoter shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit C. C. Late Fee. Promoter failure to pay the undisputed charges on City's invoice within 30 days after submittal to Promoter shall result in a late payment fee being assessed against Promoter . The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. 8. Deposit. Promoter must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to Promoter within 30 days after the Event. 9. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 FAX (361) 880 -3864 If to Promoter: Elizabeth Guarneri 4801 Jean Street Corpus Christi 78414 Page 4 of 15 10. . Temporary Street Closures. The street closure process will govern any necessary street closures. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 11. Parking. Promoter will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Premises maps. 12. Barricades, Traffic Signs. Promoter must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and prior alternate street access approved by the City Traffic Engineer. 13. Signage and Advertising. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. Signage must comply with applicable City codes. 14. Rest Rooms, Drinking Water and First Aid. Promoter must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided throughout the duration of the Event and its related activities. 15. Insurance and Volunteer Waivers. Promoter's Agent must furnish to the Risk Manager proof of insurance listed on the attached Exhibit. Promoter must furnish the Certificates of Insurance with applicable policy endorsements in at least the above minimum amounts to the City's Risk Manager two weeks prior to the Event. Promoter must require all volunteers to sign an accident waiver form that Promoter must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Promoter must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Promoter must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. 16. Indemnity. Promoter shall indemnify and hold City, its officers, agents and employees ( "Indemnitees') harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be Page 5 of 15 caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Promoter or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ( "Indemnitors ") entering upon the Premises pursuant to this Promoter Agreement, to use the Premises and those portions of Shoreline and streets that are closed to set-up and take -down, hold, attend, or participate in the Promoter's events at McGee Beach and any other City locations, and associated activities, with the expressed or implied invitation or permission of Promoter, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the improvements located on the Premises or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees or Indemnitors, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors in administering parade vendor permits. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Promoter covenants and agrees that if City is made a party to any litigation against Promoter or in any litigation commenced by any party, other than Promoter relating to this Promoter Agreement, Promoter shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 17. Safety Hazards. Promoter , upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame included in the written notice of safety hazards. 18. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, or Premises requires the prior written approval by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. Page 6 of 15 19. Permits. A. Promoter must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City - County Health Department for the sale of foods and the protection of the public welfare. Promoter shall be responsible for, payment of all City health permit /vendor and related fees. For example, the temporary food service establishment permit fees established in City Code of Ordinances Section 19 -33. Any vendor that sells alcoholic beverages must furnish proof of liquor Liability Insurance in the same amounts set out herein. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Other permits Promoter must obtain a Temporary Promotional Event Permit from Building Inspection.. Promoter shall promptly notify the Parks Director of any special conditions imposed by any permitting agency. B. Music Licenses. Promoter is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music or other copyrighted material at the Event. 20. Clean Up. Promoter must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Promoter may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by Promoter and taken to a location designated by Promoter. Promoter may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give Promoter's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers. Promoter must install screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Promoter must remove the screens within the non - exclusive use period after the close of the Event. However, Promoter must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City Director of Storm Water Operations or her designee. 21. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Any other construction requires prior approval by Parks Director in writing. 22. Temporary Buildings. Promoter must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non - exclusive use time period. Page 7 of 15 23. Electrical & Water Services. City does not provide electrical service on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Department is required in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of Promoter to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Parks Director will provide access to water from park water facilities. 24. Permissible Vendor Location Markings. No paint or semi - permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs or Premises heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 25. Dispute Resolution. City and Promoter agree that any disputes which may arise between them concerning this Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to Promoter In the Event of appeal, the decision of the City Council will be final. Upon a resolution of the dispute, either by agreement of the parties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Agreement in no way waives Promoter rights to seek other legal remedies during the appeals process. 26. Emergency Vehicle Lanes. Promoter must at all times maintain emergency vehicle lanes upon the Premises as may be designated by City Fire Chief. These lanes must be kept clear of all obstructions. 27. Assignment. Promoter may not assign or transfer this Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City Manager. 28. Breach, Termination. Any failure on the part of Promoter to perform any of the covenants contained in this Agreement, or any breach of any covenant or condition by Promoter entitles City to terminate this Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Promoter is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Promoter and the sums inure to the benefit of City as a set -off against any debt or liability of Promoter to City otherwise accrued by breach hereof. Page 8 of 15 29. Right of Promoter to Use Public Streets. Promoter acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Promoter with the terms and conditions contained within this Agreement. 30. Not Partnership or Joint Venture. This Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Promoter by the City are compensation for provision of City services as described herein and for the right of Promoter to use public property for the limited purpose described herein. 31. City Services Subject to Appropriation. Promoter recognizes that the services provided by the City pursuant to this Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, is subject to appropriations and budget approval. 32. Compliance with Laws. Promoter must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, and compliance with City noise ordinance, all at Promoter's sole expense and cost. 33. Non - discrimination. Promoter warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 34. Fence. Promoter may provide a temporary four -foot (4') construction fencing, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with Promoter's needs upon Parks Director's concurrence. 35. Admission Fee. Promoter may charge an admission fee, not to exceed $15 per day of Event. 36. Public Safety. Promoter must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Promoter will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Promoter, provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the Page 9 of 15 City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off -site crowd and traffic control for the Event as needed and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. Notwithstanding anything herein, the City Manager or Police Chief reserve the right to cancel the Event at no cost or penalty to the City, without prior notice, if the City Manager or Police Chief determines in his sole discretion that cancellation is necessary to protect the public safety. 37. Entirety Clause. This Agreement and the incorporated and attached Exhibits constitute the entire Agreement between the City and Promoter for the use granted. All other Agreements, promises, and representations, unless contained in the Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Promoter's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on __ , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Elizabeth Guarneri � By: !�J Date: AO i3 STATE OF TEXAS § COUNTY OF NUECES § Ronald L. Olson City Manager This instrument was acknowledged before me on G2,e, 20A, by Elizabeth Guarneri. JJ:ANNR HOLLAND $' 'S Notary �'L�t)IIC, State of Texas ary Public State of Texasti= , 2013 I. '���` ti, 1Y'�,rY ��,'�+••!'`� * -,� (.4' a l _ � � •`yam ry - .. { ,h ,��,��y •cif '�'�m j?,,. 'r[� "'� .` ,fiG'a. ;aP.Le:, =n!�?�,3tvar+"..r 1 5 iX � 1 1 C `1 • { i. .:+e'er a� - � E'1 '" ` �+�,'?F 'P or tD f t 54 s r� v z .. Al ^� 4 t f Mill- tNI •a�x "� a i . ,l. s r V � 3 � �y tin @� �� �j( �f�"Lr ■� F f + y y= �61f�lEC' -lei E f )�i�R." 1 a � YP y All.w ��]� wwW AMP Page 11 of 15 EXHIBIT B 2013 Agreement Event Locations, Dates & Summary Description of Premises to be used for the Event Approximate 175 feet by 200 feet area of McGee Beach as depicted on Exhibit A, on March 16 2013 and March 17, 2013, for the following events. Description of Event on Saturday March 16, 2013: Set up at 8:00 am. From Noon to 10:00 p.m: Paid admission entrance for live music event Description of Event on Sunday March 17 2012: Set up at 8:00 am. From Noon to 10:00 p.m.: Paid admission entrance to live music event 2012 EXHIBIT C — ESTIMATED EXPENSES* Park & Recreation Special event Permit fee: $400.00 TOTAL ESTIMATE $400.00 Page 12 of 1.5 *Promoter may or may not use all services estimated on this sheet. There may be additional services requested by Promoter which may require a revised estimate. These estimates do not include costs of emergency calls. Actual costs for emergency calls will be billed directly to and paid by Promoter. EXHIBIT INSURANCE REQUIREMENTS Page 13 of 15 A. Promoter may not use McGee Beach under this Permit until all insurance required herein has been obtained and approved by the City. Promoter must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. 1 10 Promoter must furnish to the Risk Manager or designee, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation in favor of the City is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, Bodily Injury and Property Damage non - renewal, material change or termination is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 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 — Advertising Injury LIQUOR LIABILITY 1. Vendors providing and 1 or selling $1,000,000 Per Occurrence alcohol AUTOMOBILE LIABILITY -- Owned, Non- $500,000 COMBINED SINGLE LIMIT owned or rented or leased vehicles Page 14 of 15 1. Contractors & Subcontractors delivering tents, stages, bleachers, temporary structures and large items 2. Promoter's workers and volunteers AT A MINIMUM, STATUTORY LIMITS of $25,0001$50,000 for BODILY INJURY & $25,000 for PROPERTY DAMAGE Required if Promoter employs any person other than himself /herself: WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EMPLOYERS' LIABILITY ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON $10,000 DEATH or DISMEMBERMENT per PERSON C. In the event of accidents of any kind, Promoter must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Promoter must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in amounts sufficient to ensure that all workers' compensation obligations incurred by the Promoter will be promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation in favor of the City is required on all applicable policies. Page 15 of 15 • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In the alternative, a copy of a policy endorsement with the required cancellation language is required. • The name of the event, including exact dates including move -in and move out dates shall be shown under the Description of Operations/ Locations / Vehicles/ Special Items. • At a minimum, a 30 -day written notice to the Risk Manager and Parks and Recreation Director of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non- payment of premium is required. 2013 ins. req. Parks & Recreation Dept. Spring Break Music Festival — McGee Beach 01/11/2013 ds Risk Management Page 10 of 15 EXHIBIT A —Site Plan Beach Fest, March 16, 2013 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 12, 2013 852 Second Reading for the City Council Meeting of February 26, 2013 DATE: January 21, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Texas Parks and Wildlife Grant amendment increasing award for Billings and Clems boat ramps and parking lot project CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate funding in the amount of $25,000 from the Saltwater- fisheries Enhancement Association and $674,710 in additional federal funding for the Clem's and Billing's Boat Ramp renovations in the No. 1067 Park and Recreation Grants Fund; authorizing the City Manager or designee to execute Amendment to Project Agreement with Texas Parks and Wildlife Department for Clem's and Billing's Boat Ramp renovations to increase federal grant funds $674,710 and include 25 year lease with Texas General Land Office as local match; and amending the FY 12 -13 Capital Budget adopted by Ordinance No. 029565 by increasing proposed revenues by $699,710. PURPOSE- Accept an additional $674,710 in grant funding from Texas Parks and Wildlife Department and $25,000 as part of the cash match from the Saltwater- fisheries Enhancement Association for the Billings and Clems Boat Ramp and Parking Lot project. BACKGROUND AND FINDINGS: The renovation of two boat ramps at the Billings Bait Stand and Clem's Marina located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel was completed in 2011. The project was funded through the original Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $925,290, along with $167,000 cash match provided by the Coastal Bend Bays and Estuaries Program, Saltwater- Fisheries Enhancement Association (SEA), the City of Corpus Christi, and architectural services from Robert Floyd. The City of Corpus Christi entered into a surface lease agreement with the Texas General Land Office in October 2011 which provided for the construction, operation, and maintenance of public boat ramps and public parking. The lease outlines the responsibilities of the City which are to keep area clear of abandoned boats, vehicles and other debris, maintain improvements, and regular garbage collection. The amount represented by this proposed grant amendment will allow for completion of parking lot improvements adjacent to the two renovated boat ramps. ALTERNATIVES: Do not accept this grant funding for the proposed parking lot improvements. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: City Council must authorize the City Manager or his designee to execute the necessary documents to amend the agreement and appropriate the additional grant award. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal, Accounting 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 925,290 925,290 Encumbered / Expended Amount 925,290 925,290 This item 699,710 699,710 BALANCE 699,710 699, 710 Fund(s): Grant Fund 1067 Comments: The first grant award totaled $925,290. RECOMMENDATION: Staff recommends approval of grant amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Amendment to Project Agreement Exhibit: Agreement for Cash Match from Saltwater- fisheries Enhancement Association Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate funding in the amount of $25,000 from the Saltwater- fisheries Enhancement Association and $674,710 in additional federal funding for the Clem's and Billing's Boat Ramp renovations in the No. 1067 Park and Recreation Grants Fund; authorizing the City Manager or designee to execute Amendment to Project Agreement with Texas Parks and Wildlife Department for Clem's and Billing's Boat Ramp renovations to increase federal grant funds $674,710 and include 25 year lease with Texas General Land Office as local match; and amending the FY 12 -13 Capital Budget adopted by Ordinance No. 029565 by increasing proposed revenues by $699,710. Whereas, on November 16, 2010, by Resolution 028863, City Council authorized acceptance of grant in amount of $925,290 from the Texas Parks and Wildlife Department for the Clem's and Billing's Boat Ramp renovations Whereas, on October 18, 2011, by Resolution 029251, City Council authorized the City Manager to execute a Surface lease with Texas General Land Office for an approximate 2.2 acre tract in the right of way of Park Road 22; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Manager or his designee is authorized to execute all documents necessary to accept and appropriate funding in the amount of $25,000 from the Saltwater- fisheries Enhancement Association and $674,710 in additional federal funding in the No. 1067 Parks and Recreation Grants Fund for the Clem's and Billing's Boat Ramp renovations. Section 2. That the City Manager or his designee is authorized to execute the Amendment to Project Agreement No. F -226 -B with the Texas Parks and Wildlife Department for the Clem's and Billing's Boat Ramp renovations to increase federal grant funds $674,710 and include 25 year land lease with Texas General Land Office as local match. A copy of the Amendment will be filed in the Office of the City Secretary. Section 3. That the FY 12 -13 Capital Budget adopted by Ordinance No. 029565 is amended by increasing proposed revenues by $699,710. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT AGREEMENT AMENDMENT TO PROJECT AGREEMENT Project Amendment Number: ,.__-_.....__ F-,226 -8 Project Name: ___City of Corpus Christi — Clem's and Billing "s Boat Ramp enovations THIS AMENDMENT to Project Agreement Number 1= -222 wH is hereby made and agreed upon by the State of Texas, acting thrOUgh the Texas Parks and Wildlife Department and by the undersigned sLrhdivislan purWant to the Texas Recreation and Parks Account Program, The pollticai SUbdIvlslon (sponsor) and the State of Texas, In mutual consideration of the promises made herein and In the fund agreement of which this is an amendment, do promise as follows: To increase federal grant funds $674,710 for a total of $1,600,000, To increase the total project cost to $2,223,430, To increase the sponsor's match from $303,430 to $623,430 of which $400,000 is land lease value and $223,430 is cash. To acknowledge that the value of the 25 year land lease from the Texas General Land Office to the City of Corpus Christi is valued at $440,000 and will be utilized as local match of federal funding for the project. In all other respects the fund agreement of which this Is an amendment, and the plans and specifications relevant thereto, shall remaln In full force and effect, In witness whereof the parties hereto have exocutod this Amendment as of the date entered I)olow, TEXAS PAR4 AN[) i11LOl;II"- ,DEPARTMENT � CITY OF CORPUS CHRISTI POLITICAL SUBDIVISION (SPONSOR) by b Tim l°jogsett, Director, R_ecreation,Grants Branch_ (Name and Title) (oate of Approval) UJ EPLS Data (Rev, 04100) (Name and Title) c. CORPUS CHRISTI AGREEMENT RECReA IO gECRpAT1ON This Agreement between the City of Corpus Christi ( "City") and Saltwater- fisheries Enhancement Association ( "Agency") is effective upon execution by City Manager and will terminate on December 31, 2011. 1. Statement of work to be performed: At State Boat Ramp SBF 69 -16- 167 -178, known as Clem's and Billing's Boat Ramp, located on Packery Channel under the JFK Causeway in Nueces County, the City of Corpus Christi shall complete engineered design plans and specifications, required permits and clearances to renovate the boat ramps, bulkhead and associated parking area. Agency will share in the cost of the renovation of the boat ramps, bulkhead and associated parking area. 2. Agency shall make payment of reimbursable costs of $25,000 to -City in- accordance with its later dated September 28, 2009; Agency shall make payments for the purposes described in paragraph 1 above. Payment shall be billed upon completion of work, and paid by Agency within 30 days of date of invoice. 3. The undersigned parties do hereby certify and agree that (1) the work specified above is necessary and essential for'activities that are properly within the statutory functions and programs of the affected parties, (2) the proposed arrangements serve the interest of efficient and economical administration of the parties, and (3) the individuals whose approval signatures are affixed to this agreement are duly authorized by the governing body of each part to enter into and execute this agreement. Saltwater- fisheries Enhancement Association By: Stan Willson, President Date: , Z 4? - an l - ,1:0 <CJ City of Corpus Christi By/e: 'An scobar, City Manager Da / /f /f/, �sirll M;M* as to iorm:. -�— u a Agulla Assistant City Attorney For City Attorney sk I4ff 7 5 .... .. .... .... .. . . . . IQP' 1. ..... .. .... ........... ........ ...... ...... .......... ... .... ... Of r. 1 11 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 12, 2013 852 Second Reading for the City Council Meeting of February 26, 2013 DATE: January 21, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Grant funding for wetland restoration and construction at Hans Suter Wildlife Refuge CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of $100,000 from the Texas General Land Office for Hans and Pat Suter Wildlife Refuge improvements in the No. 1067 Park and Recreation Grants Fund with City matching funds of $66,667.00 in the No. 4720 Community Enrichment Fund for total project amount of $166,667.00. PURPOSE: Grant funding will provide construction of a wildlife viewing platform and additional wetland restoration at the Hans and Pat Suter Wildlife Refuge. BACKGROUND AND FINDINGS: In addition to its importance to area wildlife, the refuge is one of the city's premier nature tourism sites, drawing visitors from across the country. In 2010, the Hans and Pat Suter Wildlife Refuge was recognized by area businesses, conservation organizations, and the Convention and Visitor's Bureau when the groups joined together in an effort to improve the refuge. Those improvements included installation of shade structure, educational signage, irrigation at a butterfly garden, security enhancements, and limited invasive species removal. ALTERNATIVES: Do not accept this grant funding. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: City Council must authorize the City Manager or his designee to execute the necessary documents to appropriate the grant award. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Accounting 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 n/a 0 0 Encumbered / Expended Amount n/a 0 0 This item n/a $166,667 1 $1667667 BALANCE n/a 1 $1667667 $166 667 FUND(S): Grant Fund 1067 Comments: The cash match for this grant will come from the Community Enrichment Fund 4720. RECOMMENDATION: Staff recommends approval of grant. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of $100,000 from the Texas General Land Office for Hans and Pat Suter Wildlife Refuge improvements in the No. 1067 Park and Recreation Grants Fund with City matching funds of $66,667.00 in the No. 4720 Community Enrichment Fund for total project amount of $166,667.00. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Manager or his designee is authorized to execute all documents necessary to accept and appropriate a grant in the amount of $100,000 from the Texas General Land Office for Hans and Pat Suter Wildlife Refuge improvements in the No. 1067 Parks and Recreation Grants Fund with City matching funds of $66,667.00 in the No. 4720 Community Enrichment Fund for total project amount of $166,667.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary day of , Nelda Martinez Mayor SUBRECIPIENT GRANT .AGREEMENT GLO CONTRACT No. 13.046- 000 -6913 COASTAL MANAGEMENT PROGRAM — CYCLE 17 This subrecipient grant agreement ( "Contract") is entered into by and between the GENERAL LAND OFFICE ('GLO"), a State agency, and the CITY OF CORPUS CHRISTI ( "Subrecipient ") to provide financial assistance with funds received under the Texas Coastal Management Program ( "CMP ") Cycle 17 grant funds, to be made available to the State of Texas by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration ( "NOAA "), pursuant to the Federal Coastal Zone Management Act of 1972, 16 United States Code Section 1451, et seq., NOAA Award No. NA12NOS4190021 ( "Grant "). The Grant funds are limited to use for implementation of a coastal zone management project under the CMP, administered by the GLO (as Coastal Zone Management Awards, CFDA #11.419) and as approved by the Texas Land Commissioner. ARTICLE 1. GENERAL PROVISIONS 1.01 PURPOSE The purpose of this Contract is to set forth the terms and conditions of a Subgrant fi-om the GLO to the Subrecipient under CMP Cycle 17. 1.02 CONTRACT DOCUMENTS The GLO and Subrecipient hereby agree that this document and the following Attachments, which are incorporated herein in their entirety for all purposes, shall govern this Contract: ATTACHMENT A: Project Work Plan and Budget ATTACHMENT A -1: Final, Actual Budget (To be Submitted by Subrecipient) ATTACHMENT B: CMP Supplemental Terms and Conditions ATTACHMENT C: Federal Assurances — Construction (SF -424D) / Non - Construction (SF- 424B); Certification Regarding Lobbying Lower Tier Covered Transactions (Form CD -512); and Disclosure of Lobbying Activities Form (SF -LLL) ATTACHMENT D: General Affirmations ATTACHMENT E: Sample Additional Required Forms: Progress Report Form; Invoice for Federal Expenditures; Monthly Grant Project GO Contract No. 13 -046- 000 -6913 Page 1 of 17 Equipment Sheet; Monthly Grant Project Timesheet; Budget Amendment Form; Audit Reporting Form; and Historically Underutilized Businesses (HUB) Expense Report Form Local Match Expenditure Forms: Monthly Grant Project Equipment Sheet; Monthly Grant Project Timesheet; and Volunteer Timesheet ATTACHMENT F: Grant Closeout Form 1.03 DEFINITIONS "Administrative and Audit Regulations" means the regulations included in Title 43, Code of Federal Regulations, Part 12, Chapter 321 of the Texas Government Code; Subchapter F of Chapter 2155 of the Texas Government Code, and any other federal or state regulation applicable to the administration and audit of this Contract and the activities authorized by it. ` Budget" means the budget for the Project funded by the Contract, a copy of which is included in Attachment A. "CMP Rules" means the rules set forth in Chapters 501 through 506 of Title 31 of the Texas Administrative Code for the Texas Coastal Management Program, authorized by statute in Chapter 33, Subchapter C of the Texas Natural Resources Code. "Compliant Format" means the format for electronically stored information that complies with the standards set forth in Section 2.4 of Attachment B. "Deliverable(s)" means the work product(s) required to be submitted to the GLO as set forth in the Work Plan. "Equipment" means tangible personal property have a useful life of more than one (1) year and an acquisition cost of FIVE THOUSAND DOLLARS ($5,000.00) or more per unit. "Event of Default" means the occurrence of any of the events set forth in Section 8.01 herein. "Federal Assurances and Certifications" means federal (i) Standard Form 424B (Rev. 7- 97); or (ii) Standard Form 424D (Rev. 7 -97), as applicable to the Project; and Form CDT 512 (Rev. 12 -04), in Attachment C, which must be executed by Subrecipient. "Final Report" means a written report that must be received by the GLO upon completion of the Work Plan, as set forth in Section 4.02 herein. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "GAAP" means "generally accepted accounting principles" as applicable. "GASB" means accounting principals as defined by the Governmental Accounting Standards Board. GLO Contract No. 13-046-000-6913 Page 2 of 17 "General Affirmations" means the affirmations in Attachment D, attached hereto and incorporated herein for all purposes, to which Subrecipient certifies by the signing of this Contract. "Grant Administrator" means the GLO staff member responsible for administering the Grant, Melissa Porter, GLO Coastal Resources Division (512.475.1393 or Melissa, bortergglo.texas.gov) or her designee. "HUB" means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code. "Mentor Pro je e" means the Comptroller of Public Accounts' leadership program found at: http: / /www.window. state. tx. us / procurement /prog/hub /mentorprotege /. "Plans" mean the engineering specifications, construction plans, and/or architectural plans for the construction of improvements approved by the GLO for the Project, if any. "Pro ress Reports" means written progress reports that must be received by the GLO monthly or quarterly, as set forth in Section 4.02 herein. "Project" means the activities involved in "Public Access and Environmental Enhancements at the Hans and Pat Suter Wildlife Refuge Phase II," described in Section 2.01, and detailed in the Work Plan in Attachment A of this Contract. "Prom t P4y. Act" means Chapter 2251, Subtitle F of Title 19 of the Texas Government Code. "Public Information Act" means Chapter 552 of the Texas Government Code. "State of Texas Textravel" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if arty. "Subgranf' means the pass - through grant ftmds received through the Grant and approved for use by Subrecipient in accordance with the terms of this Contract. "Subrecipient" means the City of Corpus Christi, selected to accomplish the Project under this Contract. "Subcontractor" means an individual or business that signs a contract to perform part or all of the obligations of Subrecipient under this Contract. "Work Plan" means the statement of work and special conditions, if any, contained in Attachment A. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-046-000-6913 Page 3 of 17 1.04 INTERRPRETIVE PROVIS10NS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (b) The words "hereof.," "herein," .. hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, attachr-wilt, work order, or schedule of this Contract unless otherwise specified; (c) The term "including" is not limiting, and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendn -fonts and other .modifications thereto, but only to the extent that such an -Iendments and other inodit'ications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; (e) All attachments within this Contract, including those incorporated by reference, and any atnendnnents, are considered part of the terms of this Contract; (f) This Contract may use several diflcrent limitations, regulations, or ,policies to regulate the sane or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terins; (g) Unless otherwise expressly provided, reference to any action of the GLO or by the G1.,O by way of consent, approval, or waiver shall be deemed modified by the phrase "in its /their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed; (ti) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; (i) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (J) Time is of the essence in this Contract. WMAIND.ER OIL PAGE INTENTIONALLY .Li 'r BLANK GLO Contract No. 13- 446 -000 -6913 Page 4 of 17 ARTICLE 2. CMP SUTIGRANT AWARD AND SCOPE OF PROJECT 2.01. CMPGRANTAWARD Subrecipient submitted an application for Subgrant funds under CMP Cycle 17. The "Texas Land Commissioner has approved the Subgrant Award to Recipient based on Subrecipient's application. Subject to the terms and conditions of this Contract, the G1,0 agrees to make a Subgrant to Subrecipient in an amount not to exceed ONE HUNDREi) THOUSAND DOLLARS ($100,000.00), payable in installments as reimbursement of allowable expenses incurred by Subrecipient, to be used in strict conformance with the Budget in Attachment A hereto; and Subrecipient shall contribute SIXTY -Six TILOUSAND SIX HUNDRED S1xTY- SEVEN DOLLARS ($66,667.00) in matching funds or in-hind services, for a total amount not to exceed ONE HUNDRED SIXTY -SIX TIIOUSANU Six HONDRED SIXTV-SEVEN DOLLARS ($166,667.00) for the duration of the Contract. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture, and to be reimbursed for, any payments matte by the G1.,0 under this Contract that Subrecipient has not used in strict accordance with the terms and conditions of this Contract and the Grant Award Agreement. Tills RECAPTURE PROVISION SHALI, SURVIVE 'GILL+, T "I RMINATI.ON OR EXPIRATION OF THIS CONTRACT. Tilt +, GLO IS NOT LIABLE TO SUBIiE0111E.NT FOR ANY COSTS INCIIRR1i;D 11Y SUBRE,CIPIENT BEI+OIRE, TIIE EFFECTIVE DATE Ole T'IIIS CONTRACT OR AleTER TERMINATION OF THIS CONTRA(T. 2.02 PROJECT AND WORK PLAN The Project shall be perl:ornied in accordance with the Work Plan and Budget in Attachment A; the Supplemental Terms and Conditions in Attachment 13; the Federal Assurances and Certifications in Attachment C; and the General Affirinations in Attachment 1). '1T11e Work flan or the scope of the Project may be amended by the Grant Administrator upon submission of a written request and detailed justification by Subrecipient. Some modifications may require the approval of NOAA, which may cause significant delays. ANY COSTS INCURRED WHILE: WAITING FOR APPROVAL Ole '111E REQUESI'ED C:IIANGI�,S ARE THE RESPONSIBILITY OF SUBRECIPIENT. THE GRANT ADMINISTRATOR WILL INFORM SUBRECIPIENT IF'l'l °11? REQUEST IS APPROVED. 2.0:3 REAL ESTATE IMPROVi MENTS AND LAND ACQUISI "PION REQUIREMENTS If applicable, Subrecipient should ensure compliance with Supplement Article 4, Special Conditions Applicable to (teal Estate Improvements and Land Acquisitions, in Attachment 13, GLO Contract No. 13- 046 -000 -6913 Page 5 of 17 ARTICLE 3. TERM 3.01. DURATION AND EXTENSION oI+ TERM (a) This Contract shall be effective October 1, 2012, and shall terrain Cite upon completion of the Project or on March 31, 2014, whichever is earlier. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO may extend this Contract for a period not to exceed three (3) months. Any request for extension must be received by the (DLO at least sixty (60) days before the Contract's original termination date. (b) HoWE ER, NOTWITHS'T'ANDING THE PRECEDING SECTION 3.0I(a), NO WORK MAY BEGIN AND NO COS'T'S WILL BE REIMBURSED FOR WORK UNDERTAKEN PmoR To OcTomeR 1, 2012. 3.02 EARLY'FERMINATION The GLO nlay terminate this Contract by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. Upon receipt of any such notice, Subrecipient shall cease work, undertake to terminate any relevant subcontracts, and incur no further expense related to this Contract. Such early termination shall be su111e;ct to the equitable settlement of the respective interests of the parties, accrued up to the date of termination. REMAINDER OF PAGE INTENI'IONAU.,Y LE vi, BLANK GLO Contract No. 13 -OJ6 -000 -6913 Page 6 of 17 ARTICLE 4. GRANT ADMINISTRATION 4.01 SUBMISSIONS p;xcept l-or legal notices that must be sent by specific instructions under Section 9.07 below, any written report, form, or request required to be submitted to the Grant Administrator under- this Contract shall be sent in Compliant format via email to the following email address: empreceipts q glo.texas.gov 4.02 PROGREss REPORTS Subrecipient shalt submit monthly 1 quarterly progress reports and a Final Report, as required in the Work Plan, in Compliant Format to the Grant Administrator at the time and in the manner prescribed in Supplelncut Article 1, Grant Adnunistration, in Attachment 13. 4.03 DELIVE ABLIeS Subrecipient shall submit each of the Deliverables, as required in the Work flan, in Compliant Format to the Grant Administrator at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment 13. The GLO may require; Subrecipient to conform any data presentation or products funded under this Contract to reflect GLO comments. Deliverable due dates pray be amended by the Grant Administrator upon submission of a written request and detailed justification by Subrecipient. Modifications may require, the approval of NOAA, which may cause significant delays. Tim GRANT ADMINISTRATOR WILL INFORM SUBRF,CIPIENT IF THE REQUEST IS APPROVED. 4.04 RF1IMl3IJRSleMI,N7`RI?,QuEsTs Subrecipient shall submit requests for reimbursement for costs allowed under this Contract at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment B. Requests fbr reimbursement under this Contract must be received by the GLO not later than sixty (60) days from the date Subrecipient incurs the expense. Failure by Subrecipient to comply in a timely manner with this _requirement may, at the GLO's sole discretion, result in denial of the request for reimbursement. Subrecipient may not charge "other operating costs" (i.e., administrative costs, computer usage fee, etc.) in addition to indirect costs, if such costs are already included in the calculation to determine Subrecipient's indirect cost rate. Failure by Subrecipient to submit a Deliverable in a timely manner may, at the GLO's sole discretion, result in withholding of a percentage of the reimbursement request until Subrecipient submits said Deliverable. C. LO Contract No. 13 -046- 400 -6913 Page 7 of 17 4.05 Additional Grant Compliance requirements Suhrecipient shall comply with additional provisions relating to Grant Administration required by state and federal law in Supplement Article 1, Grant Administration, in Attachment 13. Suhrecipient understands and agrees to the terms included in the Supplement that require assurances, affirmation, actions, and activities to fulfill state and federal legal requirements. These requirements include, but are not limited to, Gl..,0 electronically stored information standards, acknowledgement of source of funds, special conditions for real estate improvements and land acquisitions, federal assurances, coastal management consistency declaration, and historically underutilized business plans. The information included in the Supplement is current as of the date of the execution of the Contract, but it is the sole responsibility of the Suhrecipient to ensure that it conlplies with the applicable legal requirements at any given time. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13- 446 - 404 -6913 Page 8 of 17 ARTICLE 5 — FEDERAL FUNDING / STATE FUNDING 1 RECAPTURE OF FUNDS I OVERPAYMENT S.OI FEDERAL FuND1Nr, (a) funding for this Contract is appropriated under the CMP, to be made available to the State of Texas by the U.S. Department of Commerce, National Oceanic and A.tniospheric Administration, pursuant to the p'cderal Coastal Lone Management Act of 1972, 16 United States Code Section. ] 451, et seq. The fulfillment of this Contract is based on those fiends being made available to the GLO as the lead administrative state agency. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the CMP Program, and any other applicable laws, hurdler, Subrecipient acknowledges that all funds are subject to recapture and repayment fi). non- compliance. (b) All participants in the CMP grant program must have a data universal numbering system (DUNS) number, as well as a Commercial And Government Entity (CAGE) Code. (e) The DUNS number and CAGE Cock must be reported to the GLO for use in various grant reporting documents, and may be obtained by visiting the System for Award Management web site at: sam.Q1ov Assistance with this web site may be obtained by calling 866 -606 -8220 5.02 STArr FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article Ili, Section 49, of the `texas Constitution. In compliance with Article VIlI, Section C of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state fiends. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. (b) Furthermore, any claim by Subrecipient for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Subrecipient, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. WA) Contract No. 13- 046 - 000 -6913 Page 9 of 17 5.03 RECAPTIJR[; OF FUNDS Subrecipient shall conduct, in a satisfactory, manner as determined by the GLO, the Project as set forth in the Contract. The discretionary right of the G,O to terminate for convenience under SECTION 3.02 notwithstanding, it is expressly understood and agreed by Subrecipient that the GLO shall have the right to terminate the Contract and to recapture, and be reimbursed for any payments wade by the GLO (i) that exceed the triaximum allowable rates; (ii) that are not allowed under applicable laws, rules, and regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.04 OVERPAYMENT Subrecipient understands and agrees that it shall. be liable to the GLO. for any costs disallowed pursuant to financial and /or compliance audit(s) of funds received udder this Contract. Subrecipient further understands and agrees that reimbursement of such disallowed costs shall be paid by Subrecipient from funds which were not provided or otherwise made available to Subrecipient under this Contract. REMAINDER OF PAGI' INTENTIONAL,L,Y LEFT BLANK GLO Contract No. 13 -046- 000 - 691.3 Page 10 of 17 ARTICLE 6. INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND USE (a) ` 'be parties to this Contract expressly agree that all right, title, and interest in, and to, all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this Contract, and /or any copyright or other intellectual property rights, and any material or information developed and /or required to be delivered under this Contract shall be ,jointly owned by the parties with each party having the right to use, reproduce, or publish any or all of such ilrl:ormation and other materials without the necessity of obtaining permission from the other party and without expense or charge. (b) The United States Government is granted a royalty free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, (or U.S. Government purposes, all reports, drafts of reports, or other n -laterial, data, drawings, computer programs, and codes associated with this Contract, and /or any copyright or other intellectual property rights, and any material or information developed and /or required to be delivered under this Contract. 6.02 NON ENDORSEMENT 13X T111i, STATE AND'1'I111 UNITED STATES Subrecipient shall not publicize or otherwise circulate promotional material (such as adver(isennents, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications) that states or implies State of Texas or U.S. Government, or government employee, endorsement of a product, service, or position that the Subrecipient represents. No release of information relating to this Grant may state or imply that the State of Texas or the U.S. Govefnment approves of Subrecipient's work products, or considers Subrecipient's work product to be superior to other products or services. 6.03 PUIlt,rCATION I)ISCI,AIMI ItS RIB QITIRED The specific acknowledgements and funding statements that mast be included in certain publications funded by the Subrecipient are set forth in Stippleinent Article 3, Publication and Acknowledgement of Source of CMP I +antis, of Attachment B. 6.04 SURVIVAL Tia, PROVISIONS OF T ns AwrtCI,E 6 SHALL SURVIVE TIIE TERMINATION OR EXPIRATION OF THIS CONTRACT. ItrMAINmm OF PAGE INTENTIONAM,v Lteirr BLANK GI,o Contract No. 13- 046 -000 -6913 Page 11 of 17 AR'T'ICLE 7. RECORDS / RETENTION / PUBLIC INFORMATION 1 AUDIT REQUIREMENTS 7.01 BOOICs AND RECORDS Subrecipient shall keep and maintain full, true, and complete records in accordance with GAAP or GAS13, whichever is applicable, necessary to fully disclose to the Gt O, the Texas State Auditor's Office, the United States Government, and /or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. 7.02 PI RIOT} OI+ RETENTION Subrecipient shell retain all records relevant to this Contract fora minimum of four (4) years. ]'[,my federal funds are used in the Contract, Subrecipient shall retain said records fora minimum of five (S) years. The period of.'retention begins at the date of payment by the G1..,O for the goods or services or From. the date of termination of the Contract, whichever is later. The period of retention shalll be extended for a period reasonably necessary to complete an audit and /or to complete any administrative proceeding or litigation that may ensue. 7.03 P(JBLIC INFORMATION Pursuant to the Public Information Act ('11W), records received from Subrecipient may be open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or excepted from the PIA. Subrccipient may clearly label any individual records as a "trade secret," provided that Subrecipient thereby agrees to indemnify and defend the GLO for honoring such designation. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release of the records. If a request for a labeled record is received by the GLO, the GLO will notify Subrecipient of the request in accordance with the PIA. 7.04 Awwr REQUIREMENTS Subrecipient agrees that all relevant records related to this Contract or any work product produced, including those of its subcontractors, shall be subject at any reasonable time to inspection, examination, review, audit, and copying at any location where such records may be found, with or without notice by the Texas State Auditor's Office, the GLO, its contracted examiners, or the Texas Attorney General's Office. In addition, the NOAH, the Comptroller General, the General Accounting Office, the Office of Inspector General, or any of their authorized representatives of the U.S Government shall also have this right of' inspection. ALL SUI3C(}N'1'IiAC "I'S S1IAI..I1 RL,FLI +;C'I "I`IIIs,` RI?.QIJIRI;MF.N "I'S {}I'' "I'IIIS SIi, {' "rION. REM.AINI)rlt OF PAGE INT'ENT'IONALLY LuvT BLANK GLO Contract No. 13 -046 -000 -6913 Page 12 of 17 ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES 8.01 Ev1 N'rs OF I)E AULT t ach of the following events shall constitute an Fvent of Default under this Contract: (i) Subrecipient's failure to comply with any term, covenant, or provision contained in this Contract; (ii) Subrecipient lakes a general assignment For the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (iii) if at any time, Subrecipient makes any representation or warranty that is incorrect in any material resljeet to the Work Plan, any request for payment submitted to the GLO, or any report submitted to the GLO related to the Contract. 8.02 14,IV11;ou s; No WAIVER Upon the occurrence of any such Lvent of Default, the GLO shall be entitled to avail itself of any legal remedy, A right or remedy conferred by this Contract upon either Party is not intended to be exclusive of any other right or remedy, and each and every right and remedy Shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing upon the occurrence of an Event of Default. The failure of the GLO either to insist at any tirne upon the strict observance or performance of any of the provisions of this Contract, or to cxercisc any right or remedy as provided in this Contract, shall not impair any such right or remedy or be construed as a waiver or relinquishnrcnt thereof with respect to subsequent defaults. REMAINDER oFTAGE INTENTIONALLY LAFT LANK G1,0 Contract No. 13- 046 -000 -6913 Page 13 of 17 ARTICLE 9. MISCELLANEOUS PROVISIONS 9.01 CONTRACT AMENDMENT Unless otherwise provided herein, any amendment to this Contract must. be made by log mal Contract amendnrmnt, executed by both parties and, if required by federal law, approved by NOAA. 9.02 LEGAL OBLIGATIONS Subrecipient shall procure and maintain f=or the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract. Subrecipient will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient agrees to be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. Subrecipient shall not commence construction of the Project until it has obtained the requisite licenses and /or permits. COPIES OF SUCH LICENSES AND PERMITS SHALL BE INCLUDED AS A T'AR'E' Ole THE PROGRESS REPORT, AS DEFINED IN TIIIS CONTRACT, FOR THE PERIOD DURING WHICH THEY ARE OI3TAINED. 9.03 INDEMNITY AS GOVERNMENTAL ENTITIES AND AS REQUIRED UNDER THEE: CONSTI'T'UTION AND LAWS OF TIII: STATE Ole TEXAS, EACH PARTY t.)NDI,RS'I'ANI)S T'IIA'r T'III;Y ARE LIABLE FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, OR DEATH RESULTING FROM THE: ACTS OR OMISSIONS OF SUCH PARTY. IN THE EVENT THAT 'nw GLO IS NAMED AS A PAR'T'Y DEFENDANT IN ANY LITIGATION ARISING OUT OF ALLEGATIONS OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE: RESULTING FROM 'TIII +. ACTS OR OMISSIONS Ole SUBRECIPIENT, AND FOR WHICU TI1E GLO IS LIABLE, Ile AT ALL, ONLY 'I'llROUGII THE VICARIOUS LIABILITY OF SLIBRECIPIENT, THEN, IN SUCH EVENT, SUBTtECT1'Hi:N'I' AGItEL,S THAT IT WILL PAY, ON I3VIIA1,.F' OF THE CLO, ALL COS'T'S AND EXPENSES OF I,ITIGA'TION (INCLUDING ANY COURT COSTS, REASONABLE ATTORNEYS' FEES, FEES OF ATTORNEYS APPROVED BY THE OFFICE ON THE TEXAS ATTORNEv GENERAL) AS WELL AS ALL AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM, ACTION, UR SUIT, INCLUDING JUDGMENT OR VERDICT, ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT, IN THE EVENI' TIIA'r SUBRE(,'II'IF,N'1' IS NAMED AS A PARTY DEFENDANT IN ANY LTI'IGATION SEEKING ANY DAMAGES FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH RESULTING OUT OF 'rHE, GLO'S ACTIONS OR OMISSIONS, AND SUBRECIPIENT'S SOLE LIABILITY, IF ANY, IS ONLY VICARIOUSLY THROUGH THE GLO, THEN, IN SUCII EVENT, TIII: GLO ACRE ES TO PAY ANY AND ALL CLAIMS, DEMANDS, Olt LOSSES, INCLUDING EXPENSES OF LITIGATION (INCLUDING REASONABLE AT'T'ORNEYS' FEF1S ANI) COURT COST'S) INCURRED BY SURRECIPIENT, INCLUDING ANY VERDICTS OR JUDGMENTS OR AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION WITH THIS CONTRACT. ANY AITORNI VS RETAINED BY SUBRECIPIENT TO REPRESENI' ANY IN'1TEREST OF THE GLO MUST BE APPROVED BY 111E GLO AND BY 'THE. OCFICT, OF GLO Contract No. 13 -046- 000 -6913 Page 14 of 17 THE 'TEXAS ATTORNFY CENI,RAL. ANY ATTORNEYS .RETAINED BY TUE GLO 'ro RI',PIZESFNT I'IR, IN'l.'EIZES'r OT StJBRECIPII�NT MIfS'I' BI; APPROVED BY SI)BRr,,CII'IEN'r. 9.04 ASSIGNMENT AND SUBCONT'RAC'TS (a) Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract not encompassed within the Work Plan without the prior written consent of the GLJO. Notwithstanding this provision, it is inutually understood and agreed that Subrecipient may subcontract with others for son-le or all of the services or work to be performed. in no event may Subrecipient delegate or transfer its responsibility for use of the funds under this Contract. (h) Subrecipient is responsible for upholding the integrity of the procurement process and must comply with the organizational conflicts of interest and/or noncompetitive procurement practices as required by Title 43, Code of Federal Regulations, Part 12, and the Grant Award Agreement, in connection with any subcontract tinder this Contract. (c) in any approved subcontracts, Subrecipient shall legally bind any such subcontractors to perform, and mare such subcontractors subject to, all the duties, requirements, and obligations of Subrecipient specified herein. Nothing in this Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that that the goods delivered and/or the services rendered by Subrecipient and /or any of its subcontractors comply with all the terms and provisions of this Contract. A copy of each subcontract shall be submitted to the GLO within ten (10) business days after executio►1. (d) The GI,O and the NOAA shall have the right to initiate communications with any subcontractor, and may request access to any books, documents, papers, and records of a subcontractor which are directly pertinent to this grant. Such communications may be required to conduct audits and examinations and gather additional information as provided in Ain,wi ,, 7 and the Administrative and Audit Regulations. 9.05 RLI,A'1'LUNSrill' Oh `rHla 1'ARTIIS Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract, and, in respect to Subrecipient's performance pursuant to this Contract, Subrecipient shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties tinder this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer- employee or principal- agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Subrecipient or any other party. 9.06 COMPLIANCE WITH OTHER LAWS In the perfornrance of this Contract, Subrecipient shall comply with all applicable federal, state, and local laws, ordinances, and regulations. Subrecipient shall make itself familiar GT..o Contract No. 13- 446 -000 -6913 Page 15 of 17 with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. 9.07 No nccs Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: GLO Texas General t,and Office 1700 N. Congress Avenue, Mail Code 158 Austin, TX 78701 Attention: legal Services Division With a copy to: Texas General 1...and Office 1700 N. Congress Avenue, Room 330 Austin, 'TX 78701. .Attention: CMP Grant Administrator SURRUCIPIENT City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Attention: Ronald Olson, City Manager Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 9.08 Govf;RNM. LAW Awn VENUI. `]'his Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, 'Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such .jurisdiction in respect of this Contract or any document related hereto. NO'rBING IN THIS SECTION SHALL BE CONST IA) AS A WAIVER OF SOVEREIGN IMMUNITY BY'I in, GLO. (LO Contract No. 1.3- 046- 000 -6913 Page 16 of 17 9.09 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law, this Contract shall be construed as if such provision did not exist and the non - enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 9.10 DISPUTE RESOLUTION If a Contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are Unable to satisfiactorily resolve the dispute within fourteen (14) nays of the written notification, the parties must use the dispute resolution process provided for in Chapter 2260 of the 'Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either party may make a decision within its respective sole discretion, 9.11 PROPm AU'1'Iloltrry Each party hereto represents and warrants that the person cxccuting this Contract on its behalf has :full power and authority to enter into this Contract. Subrecipient acknowledges that this Contract is effective for the period of time specified in the Contract. Any services performed by Subrecipient before this Contract is effective or after it ceases to be effective are performed at the sole risk of Subrecipient. 9.12 EN'r1RE CONTRACT AND MODIFICATIONS This Contract, its integrated attachment(s) constitute the entire agreement of the parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such attachment(s) shall be harmonized with this Contract to the extent possible. Unless such integrated attachment specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. 9.13 COUNT E RPAWI S This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. 9.14 OFFER SUBJECT TO CANCT,L,LAT1ON lie SUBRECIPIENT DOES NOT RETURN THE ORIGINAL SIGNED CONTRAC T TO THE GLO WITUIN T1ILRTY (30) DAYS OF TRANSMITTAL OF TI{li CONTRACT TO SUBRECIPIENT, SUBGRAN1" IaUNOING FOR T1Ik, PROJECT MAY lily, SUB.juur ,ro CANCELLATION. SIGNATURE PACE FOLLOWS GLO Contract No. 13 -046 -000 -6913 Page 17 of 17 SIGNATURE PAGE: FOR GL,O CONTRACT No. 13-046-000-6913 GI?N[s RM, LAND OFMCI?. CITY OF CORI'LIS 0 II2Is n Larry I.. Laine, C,hiefClerk/ By:_ Deputy Land Commissioner Title: Date old execution: Date of execution: REMAINDER OF PAGE INTENTIONAL x LLwi, BLANK ATTAC.I1MEN`I'S FOR GLO CONTRACT No. 13 -046 -000 -6913 ATTACHMENT A PRO EC"I' WORT( PLAN AND BUDGET ATTACII.M.F;N'F A-1 FINAL., AC TAL,13[7mx,,F (TO BE SUIIMIT ' D 13V SMIRF.CIVIF.NT) ATTACIIMF;NT H CMP SUPPL EMENTAL, TIi,RMS AND CONDITIONS M "I'ACHMENT C:' FI;DERAI, AssuRANCES — CONSTRUCTION OR NON- CONSTRUCTION PROGRAMS AND C1i,1 FIFICATIONS RmARDING LOBBYING M I'ACUMENT I) GENERAL AFFIRMATIONS M"I'ACNMENT E.- SAMI'.Lx ADDrrIONAL IZI QUnua) FORMS; Progress Report Forin; Invoice for Federal l-'xpendilures; Monthly Grant Project Equipment Sheet; Monthly Grant Project `1'imesheet; Budget A niendment horin; Audit Reporting Dorm; and Historically Underutilized Businesses JI B) Expense Report Dorm Local Match Expenditure Forms: Monthly Grant Project Equipment Sheet; Monthly Grant Project Timeshect; and Volunteer `himesheet AT`FACIIMENT F: GRANT CLOSEOUT FORM A "FTACHMENTS FOLIsow Attachment A GLO Contract No. 13 -046- 000 -6913 Page 1 of 4 Attachment A - Work Plan and Budget Contract Number: 13 -046- 000 -6913 Project Name: Public Access and Environmental Enhancements at the Hans and Pat Suter Wildlife Refuge Phase 11 Entity: City of Corpus Christi Project Description: Under Phase II, the City of Corpus Christi will increase public access and environmental enhancements by performing; the following activities on the southern portion of the refuge: 1.) Replace a highly degraded 3,300 linear foot asphalt nature trail with an ADA- accessible, water permeable decomposed granite trail; 2.) Reroute the trail away from an eroding shoreline where the trail is in danger of being undermined and washed away; 3.) Install six educational signs interpreting coastal wildlife and explaining the need for environmental enhancements such as water conservation, invasive species control, and nonpoint source pollution abatement; 4.) Build an ADA - accessible wildlife viewing platform; 5.) Remove invasive species such as Brazilian peppertree, lead ball tree, and Chinese tallow; and, 6.) Increase species diversity by planting native plants near trail heads and other locations in the refuge. The Hans & Pat Suter Wildlife Refuge, located on Ennis Jos] in Road near Nile Drive (approximately 27° 42'17.12"N; 97° 20'08.68 "W), with its mix of scrub upland habitat and lowland marsh habitat, provides an ecologically diverse home for many migrating birds along the banks of Oso Bay. The 22 acre refuge is known for the waterfowl and shorebirds that frequent Oso Bay and its outlet into Corpus Christi Bay, and is a primary nesting site for herons and other resident and migratory species. In addition to its importance to area wildlife, the refuge is one of the city's premier nature tourism sites, drawing visitors from across the country. The refuge's value to the region was recognized by area businesses, conservation organizations, and the Visitors and Convention Bureau last year when the groups joined together in an effort to improve the refuge by completing; Phase 1, the northern part of the park. Phase I included the installation of a shade structure, educational signage, irrigation at a butterfly garden, security enhancements, and invasive species removal. The Coastal Fiend Bays foundation (C13Bf) is planning a third phase of enhancements to address shoreline erosion at the park by creating a spartina marsh offshore, on state -owned land, to break and lessen wave energy. Phase III is currently under development and the CBBF is coordinating with the city through project advisory committee meetings. Attachment A GLO Contract No. 13- 046 -000 -6913 Page 2 of 4 Attachment A - Work Plan and Budget Project Budget: Special Award Conditions: 1. This project must be completed as described in this work plan. 2. The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. In the event that the GLO and NOAA determine that the project or property is no longer used for its original purpose, the recipient shall reimburse NOAA for the federal funds received for the project. 4. CMP and NOAA logos, including appropriate acknowledgment statement, must be printed on education /outreach materials, signs, and final reports and/or publications. 5. A portion of the nature trail replacement crosses over a previously recorded archeological site (41NU 15); the Texas Historical Commission has determined a professional archeologist be on site to monitor the removal process and any other activities with potential to impact buried intact cultural resources within the boundaries of the archeological site. Task 1 Description: Construction and Removal Activities Contract for the removal of existing asphalt trail and replacement of the trail (and realignment where necessary from an eroding shoreline) with a new 3,350 linear foot crushed granite trail. Through the use of erosion control devices and selected plantings, the contractor will ensure that the area affected by the construction does not erode during trail construction. Trail costs include the installation of six interpretive signs. Interpretive sign desings need to be submitted to the GLO for review /approval prior to fabrication. CMP Subrecipient Third Party Project Total Salaries $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $100,000.00 $66,667.00 $0.00 $166,667.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal; $100,000.00 $66,667.00 $0.00 $166,667.00 Indirect $0.00 $0.00 $0.00 $0.00 Total: $100,000.00 $66,667.00 $0.00 $166,667.00 Special Award Conditions: 1. This project must be completed as described in this work plan. 2. The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. In the event that the GLO and NOAA determine that the project or property is no longer used for its original purpose, the recipient shall reimburse NOAA for the federal funds received for the project. 4. CMP and NOAA logos, including appropriate acknowledgment statement, must be printed on education /outreach materials, signs, and final reports and/or publications. 5. A portion of the nature trail replacement crosses over a previously recorded archeological site (41NU 15); the Texas Historical Commission has determined a professional archeologist be on site to monitor the removal process and any other activities with potential to impact buried intact cultural resources within the boundaries of the archeological site. Task 1 Description: Construction and Removal Activities Contract for the removal of existing asphalt trail and replacement of the trail (and realignment where necessary from an eroding shoreline) with a new 3,350 linear foot crushed granite trail. Through the use of erosion control devices and selected plantings, the contractor will ensure that the area affected by the construction does not erode during trail construction. Trail costs include the installation of six interpretive signs. Interpretive sign desings need to be submitted to the GLO for review /approval prior to fabrication. Attachment A GLO Contract No. 13 -046- 000 -6913 Page 3 of 4 Attachment A - Work Plan and Budget Contract for design and construction of ADA accessible wildlife viewing platform overlooking Oso Bay. Remove invasive species (primarily Brazilian pepper, leadball, and Chinese tallow) and plant native species (grasses for erosion control, native trees and forbs along the trail and in other areas of the park) for species diversity. The city forester recommends cutting the trees at groundlevel and a singular application of glyphosate to the wound, This method has been used to successfully remove invasive trees at other coastal parks. Deliverables) /Milestone(s): Provide project manual (technical specifications and complete set of construction drawings) for the ADA- compliant crushed granite trail and the ADA- accessible wildlife viewing platform overlooking Oso Bay for GLO Construction Services Division review /approval prior to bidding and awarding a contract(s), September 1, 2013; Laid package(s) (bid matrix, request to bidders), for review /approval prior to bidding the project, upon completion; Provide copies of awarded construction contract(s), upon execution; Provide conceptual design of the interpretive signs for GLO review, September 1, 2013; and Photos of removal of invasive species, completed plantings, installed interpretive signs, CMP sign, granite trail, and viewing platform (provided in final report), December 31, 2013, Deliverable Due Date(s): 1.2 /31/2013 Task 2 Description: Project Reporting Prepare and submit all reports, deliverables, and requests for reimbursement as required in the contract, to CMPReceipts @GLO.TEXAS.GOV, Submit a Final Report including (a) photographs before, during, and after the removal of invasive species, completed plantings, granite trail, and viewing platform; and (b) photographs of the installed interpretive and CMP signs. Monthly Progress reports are due to CMPReceipts cJGLO.TEXAS.GOV on the 10th day of every month starting with .January 10, 2013. Requests for reimbursement are to be submitted in a timely manner to Attachment A GLO Contract N4. 13 -046- 000 -6913 Page 4 of 4 Attachment A - Work flan and Budget CMPReceipts @GI..O,TEXAS.GOV, as specified in the contract. Deliverable(s)/Milestone(s): Monthly progress reports and requests for reimbursement; and Finial Report, Iaecember 31, 2013. Deliverable line Date(s): 3/31/2013 Attachment B Page l of .lit CMP SOBGRANT SUPPIAeMCNTAt, TERMS AND CONDITIONS ARTICLI.1 - ERRANT ADMINISTRATION 1_.1 GENERAL REQUESTS Subrecipient may submit requests provided for in the Contract, in writing via email, in Compliant Format. Requests must cite the nature of the request, the section of the Contract that authorizes the request, and a detailed justification for the request. A request is granted only upon receipt by Subrecipient of written approval from the Grant Administrator. Forms and Deliverables mast be submitted in a compliant format to: cm recei is a) lo.texas. gov 1.2 GRANT ADmINISTRATION Fohms (a) Recurring forms that must be submitted to the GLO Grant Administrator can be downloaded at the following web address: l�ttlr;Uwww. lo.texas.#�nvl�vlrat- eve- dolcarira - for - tyre- eoastl r'ants- furidin �Icrn jI raritee -re uirernents.htYnl A copy of the current version of each recurring form required is included in Attachment E, for convenience. however, as these forms are updated from time to time, Subrecipient should periodically check the website for updated forms. Subrecipient is responsible for using the proper forms. (h) Subrecipient must submit certain additional forms required by the Contract or the Grant to show that Subrecipient has complied with required state and federal laws applicable to the Grant. The fibrins and certifications described below are found in Attachment C. (i) Dither the federal Assurances for Construction Programs (Standard Form 4241)) or Assurances for Non - Construction Programs (Standard Form 42413), as applicable to the Project, is found at Page 1 of Attachment C, and must be executed by Subrecipient. (ii) Certifications Regarding Lobbying Lower Tier Covered Transactions (Form CD -512) is found at Page 3 of Attachment C, and must be executed by Subrecipient. Subrecipient may check for vendor debarment at the Federal General Services Administration's Excluded Parties List System at: htt rs:Ilwww.c ls. ovl (iii) Disclosure of Lobbying Activities Form. (Standard Form -U,L) is found at Page 4 of Attaclunent C, and must be submitted by CMP Subgrant Supplemental Terms and Conditions Attachment B Page 2 of 14 Subrecipient if required by Section 5.5 of the Supplemental 'Ferms and Conditions, relating to Lobbying Disclosure. 1.3 PROGRESS REPORTS Subrecipient shall submit monthly progress reports that must be received by the GLO on or before the I4th day of each calendar month during the term of this Contract, commencing January 10, 2013 ( "Progress Reports "). Progress Reports must be submitted electronically in Compliant Format to the Gant Administrator oil the Progress Report form, a sample of which is attached hereto in Attachment E. The Progress Report forth may be downloaded at: htt s:llwww. lo.texas. fovlwhat- we- dolcarilr - fog•- tlxe- coastl sraalts- f�t��clint; /cmn /grantee- rcgnit �.ments.lrtml All Progress Reports shall include: (a) a brief statement of the overall progress of each task identified on the Work Plan since the last progress report; (b) a brief description of any problems that have been encountered during the previous reporting period that will affect the Work flan, delay the completion of any portion of this Contract, or inhibit the completion of or cause a change in any of the Work Plan objectives; (e) a description of any action Subrecipient plans to undertake to correct any problems that have been encountered; and (d) a status report on the Budget, as defined in this Contract. In addition, Subrecipient trust submit a Project closeout form to the GLO Grants Administrator upon completion of the Project. The closeout form may be found at: litt ):/ /www. lo.texits. ov /wliat- we- (Io /carin T- for -thc- coast/ rtrants- funding /entp /grantee- rec�uirctnents.httnl 1.4 DELIVERABLES Subrecipient shall submit electronically each of the Deliverables set forth in the Work Plan in Attachment A, in Compliant Format, and in the time and manner prescribed therein, to the Grant Administrator. 1.5 RFiMB(JRSEMENT REQUESTS 1 MATCH DOCUMENTATION Each request for reimbursement shall: (a) prominently display "GLO Contract No. 13- 046 - 000 - 6913,°, the failure of which may significantly delay payment under the Contract; (b) be on the approved GI,O forms, which may be downloaded at: http_ / /www.L,lo.texas.gov /what- we- do/cai-iiig- for - the - coast /grants- fun€ling /cmp /grantec -r egnirements.lttmI provided, however, that a university or university system may submit its standard invoice in lieu of a GLO invoice forth. CMP Subgrant Supplemental Ternrs and Conditions Attachment B Page 3 of 14 (c) be supported by an invoice detailing each expense by Budget category in accordance with the Project Budget in Attachment A; (d) include a timesheet or a payroll clearing account spreadsheet; and (e) provide such other information as the GLO may request. Reimbursement requests / match documentation shall be supported by actual receipts, cancelled checks, and /or such other documentation that, in the judgment of the GL0, allows for full substantiation of the costs incurred. Requests for payment must be submitted in Compliant Format via email to the Grants Administrator monthly. R :QtJt!,s,r,s FOR REIMBURSEMENT UNDFR THIS CONTRACT" MUST BE RFCEIVLD BV TIII CLO NOT LATER THAN SIXTY (60) DAYS FROM TILE DA'I'le SUBRECIPII Nh INCURS THE .E;XPENST,. FAIIAJRI, BY SUBRECIPIENT TO COMPLY IN A TIMELY MANNER WITII THIS REQUIREMENT MAY, AT THE GLO's SOLE DISCRETION, RESULT IN DENIAL OF THE RC QUEST IEOR REIMBURSEMENT. Subrecipient shall submit requests f:or .reimburscinent for costs allowed under this Contract at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment B. Subrecipient may not charge "other operating costs" (i.e., administrative costs, computer usage fee, etc.) in addition to indirect costs, if such costs are already included in the calculation to determine Subrecipient's indirect cost rate. 1.6 BimciE'.T VARIANCE Upon written request and justification by Subrecipient to the Grants Administrator, reallocation arnong; budget categories may be allowed. Subrecipient must use the GLO Budget Amendment Form. "Phis form may be downloaded at: htt p:Uwww rants- Such reallocations may not increase or decrease the amount of the ,grant or total Budget; and shall be effective only after approval by the GLO. Any request for a variance that changes the total budget amount or the Project scope or outcome may be allowed only through the formal, written Contract amendment process. A FINAL, ACTUAL 13UI)GFT, TO BE AT`CACHI!..D TO TTIE CONTRACT AS A,FTAC11n7ENr A-1, SHALL, file SUBSTITUTED FOR THE EXISTING BUDGET IN ATTACIIME:N'r A, AND SHOULD BE SUBMITTED BY SUBRECIPIE,NT NO LATER MAN SIXTY (64) DAYS FROM THE; EXPIRA'.HON OR TERMINATION DATE: OT THE CONTRACT. 1.7 WITHHOLDING(RITAINAGE) AI 'PI =ICABLE:'roAl,I,PROJECTS To ensure full performance, the GLO may withhold (retain) an amount equal to thirty -three percent (33 %) of Subrecipient's grant amount until Subrecipient's delivery, and GLO's approval, of all Deliverables required herein. The GLO shall CMP Subgrant Supplemental 7 erms and Conditions Att €kctinjerrt 11 Page 4 of 14 make a final disbursement only upon receipt of documentation sufficient to determine that Subrecipient has completed the Project in accordance with the Work flan, and that all requirements of the Contract and the relevant provisions of the Grant have been fulfilled by Subrecipient. 1.8 PURCHASES Subrecipient shall not purchase any equipment and/or computer software; not included as a reimbursable item shown on the Budget in Attachment A. Title and possession of any fsquipment will remain the property of Subrecipient finless and until vansl:erred to the GL,O, upon written request by the GLO. Subrecipient shall furnish, with its final request for reimbursement, a list of all Lquiprrrent purchased with grant funds under the Contract, including the narne of the manufacturer, the model number, and serial number. The disposition of any Lquiprnent shall follow the Administrative and Audit Regulations, 1.09 Aun r COMP IANCT (a) The GLO, as a pass - through entity, has the responsibility to ensure that Subrecipients expending rive HUNDIM) T11ot)SANn DOLLARS ($500,000.00) or more in. lcderal awards during each of the Subrecipient's fiscal years of funding have met audit requirements in accordance with U.S. Office of Management and Budget Circular A -133. If applicable, Subrecipient shall complete and return the Audit Reporting Form no later than September lof each year until the Contract is terminated. The Audit Reporting Forin may be downloaded at: litt : / /w+ww. >lo .texas, ,ovhviiat- we- (Iolc,irin - for -tlie- coast/ rarrts- fiijidin wl cL), Il trriiitee- regatireinictits.hnmi (b) In addition, Subrecipient agrees that all relevant records related to this Contract and any Deliverables produced in relation to this Contract, including the records and Deliverables of its Subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and Deliverables shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records and Deliverables may be found, with or without notice from the GLO or other government entity with necessary legal authority. Subrecipient agrees to cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Subrecipient will ensure that this clause concerning federal and state entities' authority to inspect, exandne, audit, and copy records and Deliverables, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. CMP Subgrant Supplemental Terms and Conditions Attachment B Page 5 of 14 1.10 MATCIL DOCuWATATION l3vidence of match documentation shall: (a) be on the approved GLO forms, which may be downloaded at: htt : / /wvw w. -,lo.texas. ,ov /what- wve- do /cai-in - for -the- coast / rrants- f��r�di���; le��xpl�rantec- � °ec�uirer�ients.htMnl (b) be supported by an invoice detailing each expense by Budget category, in accordance with the Project Budget in Attachment A; and (c) provide such other information as the G1,0 may request. Match funding documentation must be identified clearly and may be submitted with or separate from a payment request. Each invoice shall be supported by copies of receipts, cancelled cheeks, or such other documentation that, in the sole udgmtent of the GL O, allows for full substantiation of the costs incurred. Payment requests may be denied if proper match has not been submitted, RU MAINDER OF PAGE INTENTIONALIN Lcrr BLANK CMP Subgrant Supplemental Perms and Conditions Attachment B Page 6 of 14 ARTICLE 2 - GLO ELECTRONICALLY STORED INFORMATION STANDARDS 2.1. GEOGRAPHIC INFORMATION SYSTEMS. Data, databases, and products associated with electronic Geographic Information Systems (GIS) that have been collected, manipulated, or purchased with CMP grant funds and/or local match funds will be subject to all applicable terms of the Texas Geographic lnfor °ation Standardv of the Texas Geographic Information Council ('r(11C) and 'Texas Administrative Code (TAC) §201.6, Planning and Management of hrfornlation Resources Technologies, Geographic Information Standards. The Geographic Information Standards Rule is available on the World Wide Web at www2.dirs fate. tx. uslsponsoredlticll 'agcslstandards.aspx, or by writing to the Department of Information Resources (DIR), 'l "GIC Administrative Chairperson, P.O. Box 13564, Austin, Texas, 7871.1 -3564, email: rob.aanstoos (a-)di1•.state.tx.us, or phone: 512- 463 -7314. 2.2 TRANSI +'ER OF :DATA. Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with funds from this contract MUST' be documented as specified in the Federal Geographic Data Committee (F'GDC) document Content Standard for - Digital Geospatial Meladata, version 2 (hGL)C- S`I'D -001 -1998) or later. 'I'hc federal metadata standard is available on the World Wide Web at www�govlmetadatalcsd 'n. Metadata must be submitted in lI "I'MI,, XMI, or ASCII text formats. 2.3 FORMAT. Although many Texas state agencies, including the GLO, have adopted Environtnental Systems Research Institute, Inc. (ESRI) software products as in -house GIS software, this is NOT an endorsement of these, or any other, products. However, any electronic spatial data collected, manipulated, or purchased with CMP grant funds and /or local snatch funds shall be transferred in a mutually- acceptable GIS format, along with corresponding rnetadata (see above). Non - spatial data deliverables (reports, tables, databases, spreadsheets, images) must be delivered in Acrobat 111A,, MS Office, WordPerfect, dBase (Abt), ASCII, or standard image forinats (./PEG, TIFF, Gil,, etc.). Acceptable media.for delivery include DVD, CD -ROM, flash drive, and external hard drive. Subrc,cipient is expected to comply with these guidelines. If Subrecipient cannot comply with these guidelines then Subrecipient must provide a written justification detailing why an exception is warranted. 2.4 COMPLIAN'r, FoaMAT Foiz GRANT ADmINISTRATION Subrecipients should submit written reports, requests in Word format; invoices and supporting documentation in pdf format; and photographs in jpg format and Ibrm unless otherwise agreed by the Grant Administrator. CMP Subgrant Supplemental Terms and Conditions Attacbment B Page 7 of 14 ARTICLE 3 — PUBLICATION AND ACKNOWLEDGEMENT OF SOURCE' OF CMP FUNDS 3.1 PUBLICATION (a) if Subrecipient or its etnployce(s) use NOAH financial assistance; to publish reports and other materials completed as a result of this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of such document and other materials: A PUBLICXHON (OR REPOR 1) APPROVED 13Y THE TEXAS LAND COMMISSIONER PURSUANT' To NATIONAL, OCEANIC AND ATmospin RTC ADmINIST'RATION AWARD No. NAI2NOS4190021. (b) if Subrecipient or its employee(s) use NOAA financial assistance to publish a paper based in whole or in part on the work funded by this Contract, the author wall assure that the paper bears the following statement as well as the NOAH and CMP logos on the front cover or title page of the paper: TINS PAPER IS FUNDED ("IN PAR'.['" IF APPROPRIATE) BY A Gil ANTWOOPERATTVE M. RFEMENT FROM 'I' iE NATIONAL. OCEANIC AND ATMOSPHERIC ADmINIs'rRATION. Tim VIEWS VXPRESSEI) HEREIN ARE THOSE OF THE AUT1101109) AND DO NOT NECESSARILY REI+LECI' TIIE VIEWS oI+ NOAA OR ANY OF ITS SUB - AGENCIES. (c) if the Subrecipient or its employee(s) use NOAA financial assistance to produce signage, the Subrecipient shall assure that the signage bears the following statement as well as the NOAA and CMP logos on all signs: Tms PROJECT IS FUNDED (".IN PART" IF APPROP.RLATE) BY A GRANT APPROVED By 'I'm? TEXAS LAND COMMISSIONER PURSUANT' TO NATIONAL OCEANIC AND A'I'mOSPIIIemic ADMINI.STRWON AWARD No. NAI2NOS4190021. (d) When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, including, but not limited to, state and local governments and recipients of federal research grants, the Subrecipient shall clearly state (i) the percentage of the total costs of the project or program which will be financed with federal money; (ii) the dollar amount of federal funds For the project of program; and (iii) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources, ALL, DOCUMEN'T'S AND MATERIALS MUST CONTAIN ,rim,. NOAA AND CMP LOGOS ON T'HL, FRONT OR TITLE PAGE. (e) THIS PROVISION SHALL SURVIVE TLIE TERMINATION OR EXPIRA'T'ION O THIS CONTRACT. CMP Subgrant Supplemental Terms and Conditions Attachment B Page 8 of 14 3.2 SIGNAGle If facilities or other permanent improvements are constructed, Subrecipient shall provide and erect temporary signs during the construction phase of such projeets that contain the following language: CONSTRUCTION Ole THIS FACILITY WAS MADI+, POSSIBLE BY A GRANT UNDER 11IL COAS'T'AL. ZONE MANAGEMEN'C ACT OF 1 972, AS AMENDED, AND AWARDFI) BY 'rlll-, OI +TWICE OF OCEAN AND COASTAL. RESOURCE MANAGEMENT', NATIONAL OCEANIC AND ATMOSPIIEwc ADMINISTRATION, U.S. DEPARTMENT Of COMMERCE, AND APPROVED BY 'nlE TEXAS LAND COMMISSIONER AND TtIE TEXAS COASTAL MANAGEMENT PROGRAM. At the completion of the aforementioned projects, Subrecipicnt shall replace the temporary signs with permanent signs, to be provided by the GL,O. Permanent signs must also be erected for projects that include land acquisition. 3.3 SURVIVAL TIIE PROVISIONS otF Tills Awnct.,E, 3 SHALL SURVIVE 'I'llE TERMINATION Olt EXPIRATION OIL THE CONTRACT. REMAINDER ol� PACK: INTENTIONALLY LE ri, BLANK CMP Subgrant Supplemental `Perms and Conditions Attachment II Page 9 of 14 ARTICLE 4 e SPECIAL CONDITIONS APPLICABLE ONLY TO REAL ES'T'ATE IMPROVEMENTS AND LAND ACQUISITIONS 4.1 LAND ACQUISITIONS (a) In the event that private land is to be acquired with grant funds, Subrecipient shall have such land surveyed in the following manner: (1) any parcel of land that (i) does not abut any waters and (ii) is acquired by lot and block may be surveyed by a Registered Professional Land Surveyor. Any survey conducted by a Registered Professional Land Surveyor under this section must be accompanied by ccrtified copies of each subdivision block in which the acquisitions will be located, Subrecipient shall record any and all surveys required under, this subsection in the records of the County Surveyor (or the records ol'the County Clerk if there is no County Surveyor) of the county in which the land is Iocated; and (2) any other parcel of land must be surveyed by a. Licensed State band Surveyor. (b) In the event that a coastal boundary survey is required for the Project, Subrecipient must conduct the coastal boundary survey for the Project site in accordance with Section 33.136 of the "Texas Natural Resources Code. For surveys of tracts on or adjacent to Gulf beaches, raps, surveys, and/or profiles shall not delineate or nap vegetation, the line of vegetation, or the landward boundary of the public beach. Such maps, surveys, and /or profiles shall also not include any mention of the location of the line of vegetation or the boundary of the public beach. For any work funded in whole or part by CMP funds, vegetation, the line of vegetation, and /or the landward boundary of the public beach can only be mapped, delineated, or described with specific written authorization from the Gl_O. `The:, coastal boundary survey must contain the following statement: T1118 SURVEY DOFFS NOT, NOR IS IT INTENDED TO BE USED TO, IDENTIFY, DELINEATE, OR FIX THE LING OF VEGETATION OR THE LANDWARD BOUNDARY OF THE PUBLIC BEACH. (c) In addition, Subrecipient shall encumber the land with a conservation easement or a deed restriction, in a form acceptable to the GLO, that will protect the land and its natural resources and preserve the public use and benefit of the land. If Subrecipient chooses to encumber the land with a deed restriction, it must read as follows: THIS PROPERTY MUST BE USED IN PERPETUITY FOR THE PURPOSES FOR WHICH 11' WAS ACQUIRED UNDER THE COAS'rAL MANACYEMENT PROGRAM. IF THE PROPERTY IS EVER SOLD OR USED FOR CMP Subgrant Supplemental Terns and Conditions Attachment 13 Pitge 1.0 of 14 PURPOSES CONTRARY TO THOSE FOR WHICH IT WAS ACQUIRED, THE FEDERAI. AWARDING AGENCY MUST BE COMPENSATED IN ACCORDANCE WITH THE UNIFORM ADMINISTRATIvE.. REQUIREMENTS FOR GRANTS AND COOPVRA'rivi' ACRv,,Em ,N`I;S TO STATE AND LOCAi., GOVERNMENTS (15 C.F.R. PART' 24). (d) All appraisals performed in connection with the acquisition of land under this section shall he completed in accordance with the Uniform Appraisal Standards tar Federal Land Acquisitions and the provisions of the CMP attached Work Plan concerning land acquisitions. Tim S im,,y, APPRAISAL.,, CONSERVA'T'ION EASEMENT (III ANY), AND DEED MUST BE APPROVED BY TIll, G.L0. THE GILO WILL, NOT "HOLD" AN EASEMENT OR ACCFPT A THIRD-PARTY RIGHT OF ENFORCEMENT. 4.2 IMPItOV EMENTS (a) Prior to any construction undertaken. tinder this Contract, Subrecipient shall deliver to the GLO one (1) copy of the final construction contract documents, including the Project manual containing the technical specifications, and the drawings (collectively the "Contract Documents "), Any construction that will be undertaken with funding from this Contract shall be completed in compliance with the final Contract Documents approved by the GLO, and all applicable codes and standards. Upon completion of construction, Subrecipient shall submit a set of record ("as- built") drawings to document the final construction, as well as photographs of the completed construction, in the final report. Subrecipient may not remove any improvements constructed with finds provided under this Contract, unless the federal awarding agency is compensated in accordance with the Uniform administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (15 C.F.R. Part 24). (b) if funds under the Contract are used to improve real property, Subrecipient must the a incmorandum. of agreement in the county records where the property is located notifying third parties as follows: TILTS PROPERTY MIDST BE USED IN PHIPETUITY FOR THE PURPOSES FOR WHICH 11' WAS ACQUIRED UNDER TIII, COASTAL MANAGEMENT PROGRAM. IF Tmic PROPERTY IS EVER SOLD OR USED FOR PURPOSES CONTRARY TO THOSE FOR WHICH IT WAS ACQUIRED, THE NATIONAL OCEANIC AND ATMo,sPi1ERLC: ADMINISTRATION MUST BE COMPENSATED IN ACCORDANCI. WTTII FE,D.T'.RAI, LAW (43 C.F.R. PART 12). (c) Prior to any construction undertaken under the Contract, Subrecipient shall deliver to the GLO one (1) copy of Plans to be used for the Project. Any CMP Subgrant Supplemental Terms and Conditions Attachment B Page I I or 14 construction to be undertaken with funding front the Contract shall be completed in compliance with final flans approved by the GLO. (d) UPON COMPLETION OF CONSTRUCTION, SUBItECII'IEN'I' SIIALL, SUBMIT A FINAL "AS BUILT" DESIGN, IT REQUIRED BV THE LOCAL BUILDING CODE Olt LOCAL BUILDING OFFICIAL, AS WELL AS PHOTOGRAPHS OF TIIE, CONSTRUCTION IN 'I'I °w FINAL, REPOM'. (e) Subrecipicnt may not remove any improvements constructed with fiends provided under the Contract, unless the United States (xovernment is compensated in accordance with the Administrative and Audit Regulations. 4.3 SUItvEYs RcQuwl) (a) Inland Survey. In the event that land is to be acquired with funds under the Contract, any parcel of land that (1) does not abut any waters and (2) is acquired by lot and block inay be surveyed by a "registered professional land surveyor" or "RI'LaS" as that term is defined in Chapter 1071 of the Texas Occupations Code. Any survey conducted by an RPLS under this section must be accompanied by certified copies of each subdivision block in which the acquisitions will be located. Subrecipient shall record any and all surveys required under this subsection in the records of the County Surveyor (or the records of the County Cleric if there is no County Surveyor) of the county in which the land is located. (b) Survey of Land Abutting Water. Any parcel of ]and to be acquired with funds under the Contract other than land described in Section 4.4(a), above, must be surveyed by a "licensed state land surveyor" or "LSLS" as that term is defined in Chapter 1071 of the Texas Occupations Code. The survey must meet the requirements of a Category f A, Land Title Survey, as defined in the Manual of Praclice,for Land 'Yurveying in Texas, published by the 'Texas Society of Professional Surveyors. Any survey conducted by an RPI_,S under this Section must be accompanied by copies of each recorded subdivision plat that includes any portion of the area to be acquired, and appropriate deeds and other documents referenced on the survey plat. (c) Coastal Boundary Survey. In the event that a coastal boundary survey is required for the Project, Subrecipient must conduct the coastal boundary survey for the Project site in accordance with Section 33.136 of the Texas Natural Resources Code. For surveys of tracts on or adjacent to GULF beaches, neaps, surveys, and/or profiles shall not delineate or trap vegetation, the line of vegetation, or the landward boundary of the public beach. Such maps, surveys, and /or profiles shall also not include any Mention of the location of the line of vegetation or the boundary of the public beach. For any work funded in whole or part by funds under the Contract, vegetation, the linc of vegetation, and /or the landward boundary of the public beach can only be mapped, delineated, or described with specific written authorization from the GLO. The coastal boundary CMP Subgrant Supplemental Terms and Conditions Aftachn)Cat T3 Page 12 of 14 survey, as well as surveys of land as described in Section 4.3(b), above, must contain the following statement: "J'11IS SURVEY 'DOTS NoT, NOR IS 11' INTENDED TO 13E USED TO, IDENTITY, DELINEATE, OR FIX THE LINT OF VEGETATION OR mE LANDWARD BOUNDARY OE THE PUBLIC B ACII." (d) REQUIRED I)EF,D LANGUAGE AND RESTRICTIONS. if Bards under the Contract are used to acquire real property, the acquisition deed must contain the following language: 'I'IHS PROPERTY MUST jo, USED IN PERPETUITY FOR THE PURPOSES FOR WHICH IT WAS ACQUIRED UNDER THE COASTAL MANAGEMENT PROGRAM, FUNDED BY NATIONAL OCF'.ANIC AND A'I'MoSPI1ERIC ADMINISTRATION GRAM, NO. NAI2NO8419002'1 (Momz GLO CONTRACT NCI. 13- 046 -000- 6913). )1F' THE PROPERTY IS EVER SOLD Olt USED FOR PURPOSES CON'T'RARY TO THOSE. FOR WHICH IT WAS ACQUIRED, THE FEDERAL AWARDING AGENCY MUST 13E COMPENSA'T'ED IN ACCORDANCE WITH THE UNIFORM ADMINISTRATIVF; REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREI +:;MENTS TO STATE AND Lo( "AL, GOVERNMENTS (15 C.F.R. FART 24). If grant funds under the Contract are used to improve public or private real property, Subrecipient must file in the real property records of the county where the property is located, a memorandum of restriction, conservation servitudes or easements affecting the real property, in a form acceptable to the GLO, that will protect the land and its natural resources and preserve the public use and benefit of the land. 4.4 APPRAISALS All appraisals performed in connection with the acquisition of land and /or casement under this section shall be completed in accordance with the Uniforrm. Appraisal Standards for f=ederal Land Acquisitions. 'These standards can be found at: -*v-*vw.usdpj.gov/eiird/land-acli/yb2OOl.l)df. 4.5 GLO APPROVAL OIL REAL. ESTA'IT DoctimENTS The survey, appraisal, and the meznoranduzm of restrictions, conservation servitudes, casement, or deed must be approved by the GLO. A recorded copy of the lmemorandurn of restrictions, conservation servitudes, casement, or deed must be submitted to the Grant Administer, The GLO will not "hold" an easement or accept a third -party right of enforcement. CMP Subgrant Supplenrental Ternls and Conditions Attachkoent 13 Page 13 of 14 ARTICLE 5 - MISCELLANEOUS TERMS AND CONDITIONS 5.1 fti)m [, IlEGULA'roRY REQUIREMENTS Subrecipient carries the responsibility to be aware of and comply with the cderal regulatory requirements for federal financial assistance awards included in the Code of Federat Regulations. 5.2 COMPLIANCE wIrn TEXAS COASTAL MANAGEMENT PROGRAM (CMP) If the Project is located within a coastal management zone established by Chapter 33 of the `texas Natural Resources Code, Subrecipient shall complete the requirements of the Contract in compliance with the CMP Rules, and shall ensure that the performance of all subcontractors is in compliance therewith. 5.3 FleDER. .., ASSURANCES Subrecipient shall execute the /assurances- ConstructionlNon- Construction Programs Form, attached to the Contract at Pace 1 of Attachment C, and submit it with the signed Contract, assuring that it will comply with all federal statutes listed thereon and, when applicable, shall obtain and return completed assurance of compliance tomes firorn its subcontractor's. 5.4 LOBBYING CERTIFICATION (a) Subrecipient, shall, by executing Standard horn CD -512, included at 11age 3 of Attachment C. certify hat no federal funds have been or will be paid to any person for influencing or attempting to influence any party named therein. Prior to engaging any contractor or subcontractor, Subrecipient shall verify the contractor's or subcontractor's eligibility for receiving state or federal fiends, using: the Federal General Services Administration's Excluded Parties 1,ist System located at: lrttps : /hvFV�v.e_nls.�v 5.5 LOBBYING DISCLOSURE If at any time any non- tederal finds have been paid for such purposes, Subrecipient shall complete and submit the Disclosure of Lobbying Activities Form (Standard l=onn- 1,11,), included at Page 4 of Attachment C. 5.6 HISTORICALLY C1NDERU'I'Lumo BUSINESSES (a) In accordance with State law, it is the G1,0's policy to assist HUBS whenever possible, to participate in providing goods and services to the GLO. The GLO encourages Subrecipient to adhere to this same philosophy in selecting subcontractors to assist in fulfilling Subrecipient's performance under the Contract. In addition to other information required by the Contract, Subrecipient will provide the Purchasing Department of the GLO with pertinent details of any participation by a HUB in fulfilling Subrecipient's performance under the Contract. CMP Subgrant Supplemental 'Perms and Conditions Attachnicut 13 Page 14 of 14 (b) The GLO encourages Subrecipiezrts to partner with certified HUBS that participate in the Comptroller's Mentor Protege Prograra. for rinore information on the program, and how it can assist your firm in meeting good faith effirt goals please visit: www.winc[ow.statc.tx.us/ rocurernent /grog/ mb /mentoir rotelye. (c) Sub.recipient shall suba -tit annually the HUB expense report included in Attacbment F. RimAINDI R OF PAGE INTENTIONALLY Ll',FT BLANK CMP Subgrant Supplemental 'Terms and Conditions ATTACHMENT C Page 1 of 5 QMB Approval No. 0348 -0042 ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including tirne for reviewi instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0042), Washington, DC 205Q3, PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO 'rHE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE, Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance. awarding agencies may require applicants to certify to additional assurances. if such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant; 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970 (42 U.S.C. § §47284763) relating to prescribed (including funds sufficient to pay the non - Federal share standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration (5 C,F.R. 900, Subpart F). 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system In accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property aquired in' whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications, 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 9. Will comply with the Lead -Based Faint Poisoning Prevention Act (42 U.S.C. § §4841 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1685), which prohibits discrimination on the basis of sex; (c) Section . 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P,L, 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 US.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statutes) underwhich application for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 424 (Rev. 7 -97) Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A -102 Will comply,. or has already compiled, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally - assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12• Will comply with the provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment. activities are funded in whole or in part with Federal funds. 13• Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S,C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U,S,C, §874), and the Contract Work Hours and Safety Standards Act (40 U.S.G. § §327- 16 333) regarding labor standards for federally- assisted construction subagreements. ATTACHMENT C Page 2 of 6 i7. National Environmental Policy Act of 1969 (P.L, 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flcodplains in accordance with EO 11988, (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205)., Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance (P.L. 93 -234) which requires recipients in a special flood with Section 106 of the National Historic Preservation hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), - EO 11593 flood insurance if the total cost of insurable construction (identification and protection of historic properties), and and acquisition is $10,000 or more. the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and environmental quality control measures under the compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. THIS FORM MUST BE EXECUTED BY AN OFFICIAL AUTHORIZED TO BIND SUB ECIPIEN T SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL ITITLE APPLICANT ORGANIZATION (DATE SUBMITTED SF -424D (Rev. 7-97) Back ATTACHMENT C Page 3 of 5 FORM CD -512 UA KPARTMEW OF COMMERCE [7.87) LF CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION ®LOWER. TIER COVERED TRANSACTIONS AND LOBBYING Apptrcanls should refer to the regulations cited below to determine the certification to which thay are required to ailest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, "Governmentwide Debarment and Suspension (Nonprocurement)" and 15 CFR Part 28, "New Restrictions on Lobbying" 1, DEBARMENT, SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION —LOWER TIER COVERED TRANSACTIONS As required by executive Order 12549, OLharment and Suspension, and implemented of 15 CFR Part 26, Section 26.510, Participants responsibilities, for prospective participants in lower liar covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the sublier recipleni will have a critical influence on or substanlive control over the award), as defined at 15 OF Part 26, Sections 26.105 and 26.110 -- (1) 'rho prospective lower tier participant ccdifies, by submission of this proposal, Ihat.neilher it nor its principals is presunliy debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant Is unable to certify to any of the statements in this Certification, Such prospective participant shall allach an explanation to this proposal. 2. LOE313YING As required by Section 1352, Title 31 of the U.S. Code, and implomenlod at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or conlract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 26,105 and 28.110, the applicant cortifes that to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to tnfluenco an offrcor or employee of any agency, a Member of Congress in conncedion with the owardlnru of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into Of any cooperative agreement, and the extensfon, Conlinuatlon, renown[, amendrnent, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Fedora) appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency. a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal Contract, grant, loan, or cooperative; agreement, the undersigned shall complelo and submit Standard Form•LLL, "[disclosure Form to Report Lobbying." in accordance with its inshucilons. (3) The undersigned shall require that the language of this certificallon be included in thu award documents for all subawards al all tlors (including subcontracts, subgran(s, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclosa accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for mailing or entering into this transaction imposed by section 1352, title 31, U.S Code. Any person who fails to file the required certification shall be subject to a civil penally of not less Than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or tier knowledge and belief, that; In any funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this commitment providing for the United Slates to insure or guarantee a loan, ilia undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in acwrdanc e with its rnstruatrons. Submission of this statement is a prerequisite for making or entering into Ihls Irori5action Lrtposad by section 11$52, title 31, U.S. Code, Any person who fails to file the required statement shall hu subject to a civil penalty of not less than $110,000 and not more than $100,000 for cacti such failure, As the duly authorized representative of the applicant, I hereby certify that the applicant wilt comply with the above applicable certif !cation (s). NAME OF APPLICANT PRINTED NAIVE AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE AWARD NUMBER AND /OR PROJECT NAME CDBG -DR ITOME. CONSTRUCTION PROJECTS DATE THIS FORM MUST BE. FXECUTED BY AN OFFICIAL AUTI-IORIZF -D TO BIND SUBRFCIPIENT ATTACHMENT C Rage 4 of 5 DO NOT EXECUTE UNLESS / UNTIL REPORTING LOBBYING ACTIVITIES DISCLOSURE OF LOBBYING ACTIVITIES AppovedbyOMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 lSee reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3, [deport Type: a. contract �a. bidlnfferlapplication El a. initial filing b. grant b, initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year_ quarter e. loan guarantee date of last report �_.. f. loan insurance 4. Name and Address of Reporting Entity: S. if Reporting Entity in No. 4 is a Subawardee, Enter Name �] Prime 0 Subawardee and Address of Prime: Tier if known; re Con ssional District, if known: Con recce, ssionai District, if known: fi. Federal Department/Agency: 7. Federal Program NamelDescription: CFDA Number, if applicable: - 9, Federal Action dumber, if known: 9. Award Amount, lfknown: 10. a. blame and Address of Lobbying Registrant b. individuals Performing Services (including address if (lfIndividual, last narne, first name, MI): different from No. 10a) (last name, first name, Ml): .�.�. tnromvkn requested tluoagh this form Is authNWd by t1Ue 31 U.S.G, seciten 1352. itva cactouav or robbing wtiviries Is a material ropmwntOwl of (ad upe" Midi r9anco was plarod W tho ves abtrra when this transaction rrax made or anrared into. 7h 1+ ufiseicnora is requsrod pursuant la 31 u,5.e. ,352. lhif Y fognOorr VW] be repww to dse congre34 and vNl bo avciiswo r x VAN Inapscdoa. Any pamm Who faits to Glo t" required OW94uro shalt be tubjed to a C" penalty d nat.ress mat 110,000 and not rosin Nan $100.000 for each Wchra"O. Signature: �_- print Name: Title: Telephone No.: _ Date: iss 4_ Avlhnrized for Lngl Ra rnducGnn Standard FormLLL(Rev.7-97) T C r. 4k-M4, • #AA�fV s Rage 5 of 6 INSTRUCTIONS FOR COMPLETION OF SF- LL.L,, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whothor subawardee or prime federal recipient, at rite Initiation or receipt of a covered Federal action, or a waterialchange to a prevtoustiling, pursuant to true 31 U,S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for Influencing or attempting to influence an officer or employsoof any agency, a Member of Congress, an officer or employee of Congress, or an emptoyacof a Memberof Congress in connectionwith a covered Federalaclion, Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional Information. 1, Identify the type of covered Federal action for which lobbying activity is and/or has been secured to Influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this Is a followup report caused by a material change to the information provlouslyreported, enter the yearand quarter in which the change amurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that deslgnatesif It is, or expects to be, a prime or subaward recipient. Identify the Uer of the subawardee,e.g., the first subawardee of the prime Is the 1st tiar. Subawards Include but are not limited to subcontracts, subgfonts and contract awards under grants. 5. If the arganizationfiling the report In item 4 checks "Subawardee, "then enter the full name, address, city. Slate and zip code of the prime Federal recipient. Include Congressional District, If known, 6. Enterthe name of the Federal agency making the award or loan commitment Include at least one organlzaUunallevel below agoncyname, if known. For example, Department of Transportation, United States Coast Guard. 7; Enter the Federal program name or description for the covered Federal action (item 1), It known, enter the hull Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal Identifying number available for the Federal action Identified in Item 1 (e,g„ Request for Proposal (RFP) number; invitation for Bid (11`8) number; grant announcement number, the contract, grant, or loan award number; the appticallon/proposal control number assigned by the Fede(at agency), Include prefixes, e.g., "RFP -0E- 90-(101 ° 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount or the awardlioan commitment for the prlmo entity Identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 11995 engaged by the reporting entity identified In item 4 to Intiuonco the covered ✓ ederal action. (b) Enter the full names of the individual(s) performing services, and Include full address if different from 10 (a). Enter Last Name, First Name, and Middle HUM (AAi). 11, Tile certifying official shell sign and date the form, print his/her name, title, and telephone number. According to the Poperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless It displays a valid OMB Control Number. The valld OMB control number for this information collection Is OMB No, 034t1.0048, Public reporting burden for this collodion of information is esllmared to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering arid maintaining the data needed, and compteting and reviewing the collection of Informallon. Sand comments regarding the burden estimate or any other aspect of this collection of Information, Including suggesiloris for reducing this burden, to lice Office of Management and Budget, paperwork Reduction Project (0348- 0046), Washington, DC 20503, Attachment D Page I of 2 GENERAL AFFIRMATIONS Provider agrees without exception to the following affirmations: 1. The Provider has not given, offered to give, nor intends to give at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or smvice to a public servant in connection with this Contract. 2. Pursuant to Title 10, Section 2155.004 of the Texas Government Code, the Provider has not received compensation from the GLO for preparing any part of this Contract. 3. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledge's that this contract may be terminated and payment may be withheld if this certification is inaccurate. Any Provider subject to this section must include names and ,Social Security numbers of each person with at least twenty -five percent (25 %) ownership in the business entity named in this Contract. This information must be provided prior to execution of any offer. 4. Provider certifies that the individual or business entity named in this Contract: i) has not been subjected to suspension, debarment, or similar ineligibility to receive the specified contract as determined by any federal, state, or local governmental entity; ii) is in compliance with the State of Texas statutes and rules relating to procurement; and iii) is not listed on the federal government's terrorism watch list as described in executive order 13224. Entities ineligible for federal procurement are listed at http: // ww.ep1s.gov. Provider acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. 5. Provider agrees that any payments due under this Contract will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas. 6. Provider certifies that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If this section applies, Provider will complete the following; information in order for the bid to be evaluated: Name of Former Executive: Name of State Agency: Date of Separation from State Agency, Position. with Provider: Date of Employment with Provider: 7. Provider agrees to comply with Texas Government Code, Title 10, Subtitle D, Section 2155.4441, relating to the purchase of products produced in the State of Texas under service contracts. Attachment 1) . Page 2 of 2 8. Provider understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Aud'itor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Provider farther agrees to cooperate frilly with the State Auditor's Office, or its successor, in conducting the audit or investigation, including providing all records requested. Provider will ensure that this clause is included in any subcontract it awards. 9. Provider certifies that if it employs any former employee of the GLO, such employee will perform no work in connection with this Contract during the twelve (12) month period immediately following the employee's last date of employment at the GLO. 10. The Provider shall not discriminate against any employee or applicant for employment because of -race, disability, color, religion, sex, age, or national origin. The Provider shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, sex, religion, age, disability, or national origin. Such action shall include, but is not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post notices, which set forth the provisions of this non - discrimination article, in conspicuous places available to employees or applicants for employment, The Provider shall include the above provisions in all subcontracts pertaining to the work. 11. Provider understands that the GLO does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken, Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or trac�.hall la.state.tx.us Norm: Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the "Public Information Act," Chapter 552 of the Texas Government Code. REMAINDER ors` PAGE INTENTIONALLY LrF ]r BLANK ATTACHMENT b Rage 7 of 14 PROGRESS REPORT (Project Name) (GLO Contract No.) (Reporting Period) Task is (Name of task as identified in Attachment A of your contract) Status of the task during this reporting period: []in progress ❑completed ® Estimated Task Percentage Completed E:1% ® Briefly describe major accomplishments for this reporting period. * List the deliverable(s) /milestone(s) completed during this reporting period. (Submit a copy of your completed deliverables) /milestone(s) with this report.) e Were there any problems or obstacles encountered during this reporting period (e.g., delays, remedial action taken, schedule revision). ❑Yes []NO If yes, please explain: ® Briefly describe plans for the next reporting period, (Repeat for each task, If necessary. If work on a particular task has not begun or has been completed, do not include in progress report.) Page 1 of 2 ATTACHMENT Page 2 of 14 Please provide a current budget breakdown. (Double Click on budget tables to activate Excel.) *Obligated includes - Funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies /materials /equipment. 'age 2 of 2 Current Federal /CMP Billed to Date Obligated *CMP Budget Remaining CMP Budget Personnel $ - $ - $ _ $ F rin e $ - $ - $ - $ - Travel $ - $ - $ _ $ - S upplies $ - $ $ - $ Equipment $ - $ $ - $ - C ontractuaI $ - $ _ $ - $ Other $ - $ - $ - $ - S ubtotal $ - $ - $ - $ - IndirectCosts $ - $ $ - $ - Totals $ - $ - $ - $ *Obligated includes - Funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies /materials /equipment. 'age 2 of 2 Current Local Budget Billed to Date Obligated' Local Budget Remaining Local Budget Personnel $ - $ $ - $ F rin e $ - $ $ - - Travel $ - $ - $ - $ Supplies $ - $ $ - $ E quipment $ - $ - $ - $ Contractual $ - $ $ - $ - Other $ - $ - $ - $ - Subtotal $ - $ - $ - $ - IndirectCosts $ - $ - $ - $ - Totals $ - - $ $ - *Obligated includes - Funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies /materials /equipment. 'age 2 of 2 Current 3rd Party Budget Billed to Date Obligated* 3rd Party Budget Remaining 3rd Party Budget Personnel $ _ $ $ - $ F rin e $ - $ - $ - $ Travel $ $ - S upplies $ - $ _ $ - $ Equipment $ - $ - $ - $ - Contractual $ - $ - $ - Other $ - $ S ubtotal $ - $ Indirect Costs $ - $ - $ *Obligated includes - Funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies /materials /equipment. 'age 2 of 2 ATTACHMENT E Page 3 of 14 INVOICE FOR CMP FEDERAL EXPENDITURE Invoice Date: Federal ID No.: Invoice No.: Expenditure Period: GLO Contract No,: FINAL Invoice: Yes 1 No Project Title: Subrecipient: Phone: Email Address: Submitted by: Signature: Printed Blame: 1 I Date For GLO Use Only: Expenditure Period : Requisition # Requisition # COBJ : GLO Contract # : Approved by Contract Specialist: Approved by Project Manager : Invoice approved for reimbursement: Grant Manager: Entered in DB by: Date final Documentaion Recevied Invoice Aunt : $ Invoice Amt:, $ Payment Subject to Prompt Pay Act: Yes / No Date: Date: Date: Date: Questions? Contact Sharon Moore 512.463.5$19 or sharon.rnoore @glo. texas.gov Revised 0912019 C!! P Amount Expenditures this Previously Amount Budget Category Budgeted Invoice Invoiced Remaining Personnel $0.00 $0.00 $0.00. $0.00 Friuge $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0,00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $0.00 $0.00 $0.00 $0.00 For GLO Use Only: Expenditure Period : Requisition # Requisition # COBJ : GLO Contract # : Approved by Contract Specialist: Approved by Project Manager : Invoice approved for reimbursement: Grant Manager: Entered in DB by: Date final Documentaion Recevied Invoice Aunt : $ Invoice Amt:, $ Payment Subject to Prompt Pay Act: Yes / No Date: Date: Date: Date: Questions? Contact Sharon Moore 512.463.5$19 or sharon.rnoore @glo. texas.gov Revised 0912019 E \ \ J 2 k § ri ¢ E » CLc � 2 . k I am ATTACHMENT E Page 4 of 14 \ « j \ \ 0x 0 f § \ b 2 §oƒ \ / § /� e § j § / \ / ) \ / %y G to { j tul 3 C4 \ /� M G /« q \Al—t— nij- am ATTACHMENT E Page 4 of 14 \ « j \ \ 0x 0 f § \ b 2 §oƒ \ / § /� e § j § / \ / ) \ / %y G to { j tul LU X W LU z .,J z 0 9 a; L: N E N E z a Z � a � CL a- 1a w n. a m ATTACHMENT E Page 5 of 94 0 w � If If W K w I- u. w W a 0 co LU m °w N F w Z w � � X N N m v H ✓1 L L L L i�7 oJC i i ro CJ If1 µ O Z f C ?; _E +% u L a N OC - d Cr7 c � r1 N N M 2 i O t- i2 i vs LL. 4 c L L L C T ro C7 N u 61 uj F H O N M n fl w cJ �U w a vs m In rN�I m ATTACHMENT E Page 5 of 94 0 w � If If W K w I- u. w W 0 LU m °w F w Z w � � X m v p oJC i�7 oJC Q µ O Z ?; +% u a N OC - S c m N cr O t- LL. } O c c p o a o ac no ro u h uj F O d n fl au cJ �U w a vs ATTACHMENT E Page S of 14 BUDGET AMENDMENT REQUEST Subrecipient Department Address City, State Zip Contact Name ]'[)one Fax GI.O Contract H IsederaI ID# Subtotal $0.00 $0.00 $0.00 $0.00 $0100 50.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 `50.00 $0.00 Totals $0.00 $0.00 $0100 $0.00 Please justify your request below (include additional shects, as necessary). Signature of Authorizing Officio ►I Only: ]late $0.00 `50.00 $0.00 $0.00 $0.00 ur infor►nal budget amendment is approved. Please retain a copy of this form with your project file. nformal Budget Amendment Approved by Contract Specialist This copy of this form will become part ofyour permanent GLO legal file. Date: Current Requested Requested Requested Revised Current Current Other CMP Local Other Revised CMP Revised Local Other Budget Category CMI' B"dget Local Budget Budget f:hanges Changes Cha�cs Budget Budget Budget Personnel $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fringe 50.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 "Travel $0.00 $0.00 $0.00 $0.00 $0100 $0.00 $0.00 $0.00 $0.00 Supplies $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 $0100 50.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 `50.00 $0.00 Totals $0.00 $0.00 $0100 $0.00 Please justify your request below (include additional shects, as necessary). Signature of Authorizing Officio ►I Only: ]late $0.00 `50.00 $0.00 $0.00 $0.00 ur infor►nal budget amendment is approved. Please retain a copy of this form with your project file. nformal Budget Amendment Approved by Contract Specialist This copy of this form will become part ofyour permanent GLO legal file. Date: ATTACHMENT E Audit Reporting Form Page 7 of 14 Subrecipients receiving (granted/awarded) federal funds, through the General Land Office (GLO), are subject to the requirements of the Single Audit Act of 1996, Office of Management and Budget (OMB) Circular No. A -133, (hf; /lwww.oqib.gov/ grants). Subrecipients expending (spending/reimbursed) federal funds totaling $500,000 or more in a fiscal year are required to conduct an audit in accordance with the Single Audit Act. Please complete this questionnaire, scan and email to CM1?Reccipts lgo tcxas.got or mail to: General hand Office Atttt. Coastal Management Program Coastal Resources Division P,O. Box 12873 Austin, Texas 78711 -2873 Section 1: Futi Information Name of Entity (Subreeipicnt) Project "Title and GLO Contract Number (additional grants rmy be listed on a separate purge) What is your entity's fiscal year? through Month / Year Month 1 Year Section 2: Single .Audit Requirement For your most recently completed fiscal year, account for all federal fiords (awards /grants) expended (spent/rcimbursed) regardless of the source. (Provide your most recently completed fiscal year below) For Fiscal Year 20 : What was the total amount of federal funds (awards /grants) expended (spent /reimbursed)? S ❑ If less than $500,000 in total federal fiords (awards /grants) were expended: Your entity is exempt from farther audit requirements for the reporting period. Complete Sections 4 and 5 (Federal Awards Information and Signature Sections). ❑ If $500,000 or more in total federal funds (awards/grants) were expended: Complete all remaining sections. Section 3: Audit Information a Date of your Entity's last completed audit: (Date) * Period Covered by Audit: through Month /Year Montli/Year * Audit Findings: ❑ No Findings (it is not necessary to submit a copy of your audit report package) ❑ Findings (provide a copy of your audit reporting package if findings were related to funds issued through the GLO. If findings were unrelated to GLO issued funds submit the sehedule of findings and questioned costs.) ® Next audit scheduled for: (Month /Year) ® Period to be covered by next scheduled audit: through Month /Year Month /Year Section 4: Federal Awards Information For the fiscal year provided, account for all federal fiutds (awards /grants) received (granted /awarded) regardless of the source. For Fiscal Year 20— (fiscal year must match fiscal year provided in section 2) What was the total amount of federal funds (awards/grants) received(granted /awarded)? $ (tor the fiscal year listed, use the following table to list the federal funds ( awards/grants) your entity received) Name of federal award(s) granted Period of Award Amount CFDA Number (mn»th /vr ,riniiYi�lrirl Section 5: Signature Section Signature of Preparer• Printed Name of Preparer and Date Preparer's Contact hnformation: Title Email: Phone:{ _ T ext. ATTACHMENT E Page g of 14 Instruction Sheet for the Audit Reporting Form The purpose of the Audit Reporting (AR) Forrn is to assist the General Land Office (GLO) in its obligations to adhere to federal guidelines for pass through entities issuing federal funds. The AR Form is equally beneficial in assisting entities receiving federal funds, through tile, GLO, to meet their audit reporting requirement. Federal guidelines for pass through agencies issuing federal awards and the subrecipients of those fluids are set forth in the Single Audit Act of 1996, Office of Management and Budget (OM13) Circular No. A-133. The OMB's websitc, k�ttg: /lwvaw_oEnEignv /grants, contains information regarding the Single Audit Act and its requirements. Review the following instructions for assistance in completing the Audit Repotting Form. Section 1: Entity Information. • Name of Entity --- The "Name of Entity" should match the name on the grant contract. • Protect Title and GLO Contract, Number – Provide the "Project Title and GLO Contract Number" for your entity's grant. The project title must match the title of the project found in "Attachment A" of the grant contract. A separate sheet listing additional project titles and contract numbers may be attached if necessary. • Ln–t–ty 's Fiscal Year –Provide the period covered by your entity's fiscal year. (i,e. tan. `06 through Dec. `06) Section 2. Single Andit Requirement. Following the text "For Fiscal Year 20—", insert your entity's fiscal year end for the reporting period (the most recently complete fiscal year). For the fiscal year listed, provide file total amount of federal funds (awards /grants) expended (spent/rcimbursed). Account for al] federal fiends expended, regardless of the source. Choose one of the following options: 1 . Mark the first box, if your entity has expended less than $500,000 in total federal funds. Your entity is exent)t from further audit requirements for the reporting period, but must complete Sections 4 and 5. 2. Mark the second box, if your entity has expended $500,000 or more in total federal fiords. Your entity is note gxempt from further audit requirements and must complete all remaining sections of the form. Section 3: Audit Information, • Date of Last Completed Audit -- Indicate the date of your entity's last completed audit. • Period Covered by Audit- Provide the period covered by your entity's last completed audit. "Phis period should correspond to the audit indicated on the previous line. • Audit Fludis – Choose one of the following options: I. Mark the box before "No findings" if your cntity's last completed audit disclosed no findings. If there were no findings, it is not necessary to provide a copy of your audit reporting package. 2, Mark the box before "Findings" if your entity's last completed audit disclosed findings. If there were findings, submit a copy of the audit reporting package, if the findings were related to GLO issued funds. If the findings were unrelated to GLO issued funds submit a copy of the schedule of findings and questioned costs. • Next Audit Scheduled for _ Provide the month and year of your entity's next scheduled audit. • Period Covered ley Next Audit -- indicate the period to be covered by your entity's next scheduled audit. Section 4: Federal Awards Information. • Following the text "For Fiscal Year 20 ", insert your entity's fiscal year end for the current reporting period (should match tkre fiscal year provided in Section 2). For the fiscal year listed, provide the total amount of federal funds (awards /grants) your entity has received (granted/awarded). Account for all federal funds received, regardless of the source. It is possible for the amount of federal funds received /awarded to not agree to the amount expended /spent. • Federal Grants Table - -For the fiscal year listed, use the table to provide: 1) the grants /awards that comprise the total amount of federal funds your entity received; 2) the period of awards (i.c, May '06 -- May `08); 3) amount of awards; and, 4) the Catalog of Federal I]omestic Assistance (CEDA) numbers for each award, If fire CFDA number is unknown, you may contact the issuing agency. If additional space is needed, attach a separate sheet listing the abovementioned federal grant information. Section 5: Signature Section. • Si nature of Preparer –The person who prepared the AR form must sign and date the form. • Printed Name of Preparcr – Print the name and title of the person who prepared the AR Dorm. • Preparer's Contact Information --- Provide an email address and phone number for the preparer. Form Return Information --- Use the return infonnation near the top of the Audit Reporting Dorm. Far additional assistance contact Melissa Porter, CMP Tearn Leader, at 512 -475 -1393 or by email at melissa•norter a�glo•statc.tx.us. ATTACHMENT E Page 9 of 14 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) EXPENSE RE, PORT (Project Name) (GLO Contract No.) (Reporting Period) In accordance with state law, it is the General Land Office's (GLO) policy to assist Historically Underutilized Businesses (HUBs), whether minority or women- owned, whenever possible in providing; goods and services to the GLO. The GLO encourages you to adhere to this same policy when selecting; sub - contractors to assist your organization in fulfilling its contractual obligations with the GLO, In that regard, please provide us with the estimated amount of project funds your organization paid to HUB vendors during the FY 20_ state fiscal year (September 1, 20 to August 31, 20__x. PROJECT AMOUNT PAID: TYPE OF ItUB VENDOR: American Women (WO) Hispanic Americans (111) Black Americans (BL) Asian Pacific Americans (AS) Native Americans (NA) Other 1 am not sure if this vendor is a I-IUD: Vendor's name Amount paid o1• No project funds were paid to a HUB vendor during the stated time period. Please scan and email this form to CM_PIZ.ecgipts cr�glp,texas.gov. If you should have any questions, please contact Ms. Sharon Moore at (512) 463 -5819 or at Sharon .n1oore�cr7&0.tcxas -&qy- ATTACHMENT E Page 10 of 14 LOCAL MATCH EXPENDITURES Submission Date: Federal ID No.: Submission No,: Expenditure Period: GI,O Contract No.: Project Title: Subrecipient: Phone: Email Address: Submitted by: Signature: Printed Name: 1 / n1tG Subtotal Local Amount Expenditures this Previously Amount Budget Category Budgeted Submission Submitted Remaining Personnel $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $0.00 $0.00 $0.00 $0.00 V: GLO Contract #: Expenditure Period: FY: FY: pproved by Contract Specialist: tered in Database: Scanned to DoeuShare: Date Final Documentation Received: Match Amount: $ Match Amount: $ Date: Date: Date: Questions? Contact Sharon Moore 512.463.5519 or sharon.moore a glo. texas. gov Revised 09/2011 Submission Date: Submission No.: GLO Contract No.: Project Title: Subrecipient: Phone: Email Address: Submitted by: ATTACHMENT E Page II of 94 THIN PARTY MATCH EXPENDITURES Signature: Printed Narne: Federal 1D No.: Expenditure Period: 1 I Date Subtotal $0.00 $0.00 Amount $0.00 Jndirect Costs Third Party Expenditures this Previously Almount Budget Category Ainount Budgeted Submission Submitted Remaining Personnel $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.04 $0.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 Jndirect Costs $0.00 $0.00 $0.00 $0.00 Totals $0.00 $0.00 $0.00 $0.00 I`or (xLu Use [fatty: GLO Contract #: Fxpenditure Period: FY: FY: Approved by Contract Specialist: Entered in Database: Scanned to DocuShare: Date Final Documentation Received: Match Arnount: $ Match Amount: $ Date: Date: Date: Questions? Contact Sharon Moore 512.463.5819 or Sharon. moore @glo. texas. gov Revised 0912011 / ( � § 2 » > J _ ATTACHMENT e A 12 of 14 § j \ / § 0 \ k \ § \ §oA § } § §S e \ j E \ / \ \ j E \ \ 2y J 2 e § ] ƒ/ \� 3 C4 M /m q ƒ / f 2 ƒ f f 2 / ƒ o w 00 e _ ATTACHMENT e A 12 of 14 § j \ / § 0 \ k \ § \ §oA § } § §S e \ j E \ / \ \ j E \ \ 2y J 2 e § ] ƒ/ � ? LU � � � m � � � w 2 « � q � I \ A & E E 2 \ ] / R t; 0 � � 3 k / d � ■ § k �x § � 0 §o § § E ATTACHMENT E Page 13 of 14 m § { ? x R 0 ° t \ � k } &Ld jjƒ §M/ §cc m \d //\ m =3 § » / �= w j§ \j ba ru CL U m R$ LU / � 8 ' }� q e / }m 3 co i2 t2 t2 /_ G q ■ § k �x § � 0 §o § § E ATTACHMENT E Page 13 of 14 m § { ? x R 0 ° t \ � k } &Ld jjƒ §M/ §cc m \d //\ m =3 § » / �= w j§ \j ba ru CL U m R$ LU � : Q � c §_ > k / 0 & 3 §, $ 0 IL m ATTACHMENT e Page 14 of 44 ATTACHMENT F Page 1 of 13 Texas Coastal Management Program Grant Closeout Form For more information, please contact Melissa Porter at Phone: 1(800) 998 -4GLO or (512) 475 -1393 Fax: (512) 475 -0680 Email: Melissa.Porter@aglo.texas.gov This form is intended to aid the Texas Coastal Management Program in its ability to quantify management outcomes and report the success of the Texas Coastal Management Grant Program to its federal partner, the National Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource Management. i'f -11110213 W _ 110 1 NA I Project Name: GLO Contract Number: Contract Period: to Organization Name: Organization Type:Select Organization Type Project Manager/ Principal Investigator: Address: Phone: Email: NOAA Award Number: County(ies):Select County(les) where project is located ATTACHMENT F Page 2 of 13 Project Category Please choose the project category that most appropriately describes your project, even if multiple categories are addressed. GOVERNMENT COORDINATION: Grant activities that improve government coordination and efficiency in ❑ coastal management while supporting active stakeholder and public participation. PUBLIC ACCESS: Grant activities that create public access sites by acquisition or easement'and /or ❑ enhance. public access for recreational purposes in the coastal zone. COASTAL, HABITAT: Grant activities that protect coastal habitat by acquisition or easement and /or ❑ restore previously degraded or altered coastal habitat in the coastal zone. COASTAL. HAZARDS: Grant activities that reduce damage from future hazards and/or increase public ❑ awareness of hazards in the coastal zone. COASTAL. DEPENDENT USES AND COMMUNITY DEVELOPMENT: Grant activities that help coastal [❑ communities develop and/or implement sustainable development ordinances, policies, or plans and/or update port or waterfront ordinances, policies, or plans. 1. Amount of CMP dollar spent 2. Amount of nonfederal matched dollars applied 3, Amount of leveraged dollars applied Texas GLO Coastal Management Program - Grant Closeout Corm Page 2 ATTACHMENT F Page 3 of 13 Dollars- repo ii" ed';should reflect the amount spent during the reportlrig period from all'awards or grants thr either technical, ar fi'rnan;cial assistance to'local govemmerfs. Please quantrfyAhe toWAroount of received acid matched'dollars spent an technical assistance to local contract period 4. Amount of CMP dollars spent on technical assistance to local governments. S. Amount of matched dollars spent on technical assistance to local governments. Texas GLQ Coastal Management Program e Grant Closeout Form Page 3 1. Number of overnrr eat Coordination educational activities offered with assistance from CMP funds, 2. Number of Plij,_Access educational activities offered with assistance from CMP funds. 3. Number of -OppstAlAlabitat educational activities with assistance; from CMP funds, 4. Number of CocstaMazq ss, educational activities offered with assistance from CMP funds. 5. Number of Coastal educational activities offered with assistance from CMP funds. Texas GLO Coastal Management program - Grant Closeout ]Form Page 4 y� ■ 0 The CIVI,P Program provides scientific and technical Jnformatlon artd.skrH buflding opportunities to intllviduals -who are;respons }ale for ... making decisions that - affect coos }al rssou�ces Using a lar ge of approaches CMP5lprovide= coasta.. 'Islas =makers with knowledge srid.fc�oI they need to address cnttcal- resource management issues Please'quantify the tofal number ,of traln' In' or autr ®ach;events offered by your proleet and fhe total, number of participants for each event for he" t rant contract enod by category, 1. Number of Government C.Qordin�.iinn training events offered with assistance from CMP funds. 2, Number of Pirb is gcce is training events offered with assistance from CMP funds. 3. Number of Coastal HaWal training events offered with assistance from CMP funds. 4. Number of CoasWUIazard-s training Events offered with assistance from CMP funds, 5. Number of Coa_ is ai e amen ntiJs s_ nd Col nnm— )t Deve_[_opmeot training events offered with assistance from CMP funds. 0 0 0 0 0 Texas GLO Coastal Management Program - Grant Closeout Form Page 5 1. Number of 0 overnment.C-oo-rdinati -m coordination events offered with assistance from CMP funds. 2. Number of F?u c Access coordination events offered with assistance from CMP funds. 3. Number of,(!aaAaL[WbtIaI coordination events offered with assistance from CMP funds. 4, Number of Goas- WIRazar -ct coordination events offered with assistance from CMP funds. 5. Number of SSoa a-ta I ()Qpend ant W.ea and C.omin .ni�y-.gevef�t i coordination events offered with assistance from CMP funds. Texas GLQ Coastal Management Program e Grant Closeout Form 0 0 0 0 0 Page 6 ATTACHMENT F Page 7 of 13 1, Number of public access sites created through acquisition or easement with assistance from CMP funds or staff. 2. Number of existing public access sites enhanced with assistance from CMl' funding. p Texas GLO Coastal Management Program a Grant Closeout Form Page 7 ATTACHMENT IF Page 8 of 13 2118014�4111`--E OWN WAN M 1. Number of tidal wetlands sites protected by acquisition or easementwith assistance from CMP funds or staff. Z Number of tidal wetlands sites restored with assistance from CMP funds or staff. 3. Number of beach and dune habitat sites protected by acquisition or easement with assistance from CMP funds or staff. 4. Number of beach and dune habitat sites restored with assistance from CMP funds or staff. 5. Number of nearshore habitat sites protected by acquisition or easement with assistance from CMP funds or staff. 6. Number of nearshore habitat sites restored with assistance from CMP funds or staff. T Number of other habitat sites (e.g, nontidal wetlands, coastal prairie, riparian forest, etc.) protected by acquisition or easement with assistance from CMP funds or staff. Texas GLQ Coastal Management Program e Grant Closeout Form 4 0 0 0 0 0 0 Page 3 ATTACHMENT F Page 9 of 13 Number of other habitat sites (e.g. nontidal wetlands, coastal prairie, riparian forest, etc.) restored with assistance from CIVIP funds or staff. "Texas GLO Coastal Management Program -Grant Closeout Form Page 9 ATTACHMENT F Page 10 of 13 1. Number of marine debris removal activities completed with assistance from CMP funds or staff. 0 Texas GLO Coastal Management Program m Grant Closeout Form Page 10 ATTACHMENT F Page 11 of 13 he purpose of this measure is.td describe the role of the;CIVIP Progra upport ng coastal cammumties'to reduce`.Ioss of Nfe and;; raperty from coastal hazards, enhance the ability. of state and local goven rpents and communities to respond to hazatd' events nd rise public awareness of coastal hazards lease.quan ify the totbl: number of coastal communities it the.coastalzone that colnplatad profects;to retluce future damage from azards andlor increase:; public awareness of hazards will i assistance from your project during the grarif contract period DEFINITiOW4 nt, (murdcApahly or county) Pr a spe�laf unit of cdayernrnent s4ch:`as a they are firs (ado 4 ring th.6 graritcontrz 1. Number of coastal communities that completed a project to reduce future damage from hazards with assistance from CMP funds or staff. 0 2: Number of coastal communities that completed a project to increase public awareness of hazards with assistance from CMP funds or staff: 0 Texas GLO Coastal Management Program - Grant Closeout Form Page it ATTACHMENT P Page 12 of 93 Wi 9. Number of coastal communities that developed or updated sustainable development ordinances, policies, and plans with assistance from CMP funds or staff. 2. Number of coastal communities that completed a project to implement a sustainable development ordinance, policy, or plan with assistance from CMP funds or staff. 3 Number of coastal communities that developed or updated port or waterfront redevelopment ordinances, polices, and plans with assistance from CMP funds or staff. g Number of coastal communities that completed a project to implement a port orwaterfront redevelopment ordinance, policy, or plan with assistance from CMP funds or staff. 5. Number of coastal communities that developed or updated polluted runoff management ordinances, policies, and plans with assistance from CMP funds or staff. 6. Number of coastal communities that completed projects to implement polluted runoff management ordinances, policies, and plans with assistance from CMP funds or staff. �l�blllkt t]�rnl�l� - t?rillt l Qrm 0 0 0 0 0 0 Texas GLO Coastal Management Program a Grant Closeout Form Page 12 ATTACHMENT F Page 13 of 13 User Email: Password: Sularn�t Form To IJataiaase' Texas GLO Coastal Management Program a Grant Closeout Form Page 13 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 12, 2013 1852 Second Reading for the City Council Meeting of February 26, 2013 DATE: January 21, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Texans Feeding Texans Grant Award for the Home Delivered Meal Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $140,220.79 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. PURPOSE: Appropriate grant funds to supplement the Elderly Nutrition Program Home Delivered Meals Program. BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. Additional grant opportunities are also sought to expand program operations and fund special initiatives. This grant does not require any City match funding. The Texas Department of Agriculture's Texans Feeding Texans Program provides state funding to directly supplement or extend meal services to homebound persons that are elderly or disabled. The Senior Community Services, Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well - balanced noon meal to senior center members and homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. Funding for this program is contingent on an approved resolution through the county in which meals are served. The Nueces County Commissioners Court approved a resolution to authorize the City of Corpus Christi's application for FY 2013 funding. The City of Corpus Christi's grant allocation was to be determined by census data for elderly living in Nueces County as included in the grant application submitted by Nueces County. Last year's funding for this grant was $117,301.38. The Texans Feeding Texans Program provides funds to supplement the food and food supply budget; supports two full time staff positions dedicated to the Home Delivered Meal Program and will allow for cost sharing the purchase of a new Client Data Management Software System. ALTERNATIVES: Do not accept the grant. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal, Accounting, Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 140,220.79 140,220.79 Encumbered / Expended Amount This item 140,220.79 140,220.79 BALANCE 140,220.79 140,220.79 Fund(s): Grant Fund 1067 Comments: There is no required match for this grant. RECOMMENDATION: Staff recommends approval as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $140,220.79 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a $140, 220.79 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Application # HDM -13 -1100 Texas Department of Agriculture Texans Feeding Texans Program Ms. Mindy Fryer, Grants Specialist 1700 N. Congress Avenue Austin, Texas 78701 Dear Ms. Fryer: Enclosed is the signed Grant Agreement and Attachments for the Texans Feeding Texans Grant FY -13. Please advise if you need additional information. Sincerely, el Elsa Munoz, Superintendent Senior Community Services Parks and Recreation Department City of Corpus Christi 1201 Leopard Corpus. Christi, Texas 78401 361 - 826 -3145 Office 361 -826 -3151 Fax ElsaM @cctexas.com TODD SIAPLES COMMISSIONER Date: January 4, 201.3 To: 2013 IloYne Delivered Meal Provider From: Karen Reichek, Grants Coordinator PC Re: Texans Feeding Texans: Home-Delivered Meal Grant Program Agreement The Texas Department of Agriculture (TDA) is pleased to inform you that your 2013 application to the Texans Feeding Texans: flome- Delivered Meal Grant Program has been approved. Acceptanee of this grant is conditional upon the completion and return of the enclosed Grant Agreement ('Agreement"), Carefully review the Agreement to determine whether your agency can meet the conditions. The Agreement includes a budget form that must also be completed and returned. The budget should indicate how the organization intends to expend the 2013 grant funds. While we urge you to represent.your budget as accurately as possible, there are mechanisms described in the agreement, Section IX, 9.5, to revise the budget during the grant year, if necessary. Please note that the grant award will be distributed in two installments; once in February and the remaining funds in August. Grant funds must be used to dk9 ! p rent or extend existha meal services to hone otn ersons that are elder and/or have a disability. Grant funds may not be used for the purchase of capital assets, which would include any equipment valued at $5;000 or more. In order for TDA to monitor the expenditure of grant funds, you will be required to provide Quarterly Grant Spending Reports. It is important to know that the Quarterly Reports will require you to detail how TDA grant funds are spent. Please sign Agreement and attachments and return ALL DOCUMENTS b close of lousiness January 22, 2013. Physical Address: Ms. Mindy Fryer, Grants Specialist Texas Department of Agriculture 1700 North Congress Avenue Austin, Texas 78701 Mailing Address: Ms. Mindy Fryer, Grants Specialist Texas Department of Agriculture P.O. Box 12847 Austin, Texas 78711 A copy of the fully executed Agreement will then be returned to you for your records. If TDA does not receive your signed Agreement by the due date, your initial grant payment ivill be delayed. If you have any questions please contact Ms. Mindy Fryer at (512) 463 -6908 or by email at QKatlts(c-, exits_A,t'igW(ure�tyov_. P.O. Box 12847 Austin, Texas 78711 (512) 463 -7476 Fax: (888) 223 -8861 www-TexasAgricult ure.gov GRANT AGREEMENT Granter: Texas Depatrti ent of Agriculture P.O. Box 12847 Austin, 'i'exas 78791 Grantee: City of Corpus Christi, Parks and Recreation Department, Setlior C(:)ttattaunity Service. 1201 Leopard St. Corpus Ch-risti, Texas, 78401 Grant Program: Texans Feeding'Texans: Home- Delivered Meal Grant Progratir U.tatttAward: $140,220.79 `fern ofAgreen�ent: February 1, 2013 through January 31, 2014 Grant Number: fiDM -13 -1100 'I'DA - HDM HD.M -13 -1100 Trade & Business Development Grants Office Attachment A - Budget Article 1 Recitals 1.1 WHEREAS, Grantor: has established the 'Texans Feeding Texans: Home- Delivered Meal Grant Program ( "Program ") to distxibute giant funds to eligible organizations drat provide home,- delivered meals to homebound persons who are elderly and /or have a disability; and 1.2 WHEREAS, Grantee has applied for a grant from the Program and has met all requitements for receiving the (.rant. 1.3 NOW, THEREFORE, in consideration of the mutual promises and corisxcleration contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Article 2 Program Purpose and Grant Defined 2.1 In accordance with Section 12.042 of the Texas Agriculture Code, funds have been appropriated to the Grantor to help defray the costs of providing home- delivered rxicals that are not fully fctnded by the Department of Aging and Disability Services or an area agency Oil agitrg. 2.2 "Agreement" means this Grant Agreement and all attachments hereto. 2.3 "Department" —'T'he Texas De:partixtent of .1lgricu.lt:ure. 2.4 "Disability„ means a physical, t- rental or developmental impairnreut, tcri porari.ly or permanently limiting an individual's capacity to adequately perform one or more essential activities of daily living, which include, but are not limited to, personal and health care, moving around, communicating, and housekeeping. 2.5 "Elderly„ means an individual who is 60 years of age or older. 2.6 "Grant" means the funds awarded to Grantee by Grantor, subject to the mclui rein ent:s of this .Agreement, Texas Administrative Code Title 4, Part 1, Sections 1.950 et seq. and other Program requh:ements, in the amount: of $140,220.79 to be used in Nueces County. 2.7 "Homebound" means a person who is unable to leave his or her residence without aid or assistance or whose ability to travel from his or het: residence is substantially itnpaired. 2.8 Grantee: City of Corpus Christi, Parks and Recreation Department, Senior: Community Service, 1201 Leopard St,, Corpus Christi, Texas, 78401. 2.9 Grantor: 'Texas Department of Agriculture, 2.10 Grant Program: Texans Feeding'T'exans: Home- Delivered Meal Grarrt Program. 2.11 Grant Number: HDM- -13 -1100 2.12 Term of Agreement: February 1, 2013 through January 31, 2014. TDA -- HIM Page I of & Trade & Business Development -- Grants Office HDM -13 -1100 Article 3 Grantor and Grantee Obligations 3.1 Award by Grantor. Subject to the provisions of this Agreement and `Texas .A(1nlitlistratiVe Code 'T'itle 4, Part 1, Sections 1.950 et seq., Grantor hereby awards to Grantee the Grant, which Grantee shall use only to supplement attd extend existing services related clirectly to the delivery of meals to 1- lontehound Persons that are Elderly and /or have a Disability. 3.2 Payment Schedule. The Grantor shall ntake a grant award not later than February 1 to Grantee. Fifty percent (50 1/6) of grant funds awarded shall be allocated and distr.il)uted to C:aratttee on or before February 1. The remaining fifty percent (50 %) of such gratzt award shall be allocated and distributed to Grantee on or before .August 1. Notwithstanding arty other provision of this subchapter, the Department naay deny, revolve, suspend, ox withhold a grant award for misuse of grant funds, or failure to comply with any requirement of 1'exas Administrative Code 'Title 4, Part 1, Chapter 1, Subchapter- Q, Sections 1.950 et seq. 3.3 Performance by Grantee. Grantee shall. use Grant in accordance with the tetras of this . Agreement and 'T'exas .Administrative Code "title 4, Part 1, Chapter 1, Suhchahter Q, Sections 1.950 et secs. 3.4 Non- expended Grant Funds. Grantee rinderstands and acknowledges that grant funds that are not expended by Grantee prior to the end of the 'Term of Agreement, including any authorized extensions, must be returned to the Grantor. Failure to remit unused funds may result in legal action against Grantee, including, without litriitation, making Grantee in eligible for future Program funds. 3.5 Grantee's Menu and Substitution Procedure. Grantee shall have all menus and meal substitution procedures approved by a registered dietician or a person with a bachelor's degree (o.r higher) in food and nutrition, dietetics, or food service tnanagetuent, who is currently employed as a dietitian or dietary consultant in a hospital, nursing facility, school, home- delivered meal organization, or in private practice. Grantee shall Maintain documentation of such approval. 3.6 Grantee Meal Delivery and Temperature Standards and Procedures. Grantee shall taintain policies to ensure compliance with meal temperature standards and the Program's four -.hour delivery requi.retnent at each nteal preparation location. Grantee shall also maintain records demonstrating compliance with Grantee's policies. If Grantee does not comply with ineal temperature standards and the four --hour delivery requirement due to exceptional circumstances, the Grantee should seek a written waiver. from Grantor as soon as practicable following the occurrence of the exceptional event or circumstances. If Grantee fails to comply with the Program's four -hour delivery regiuretttent, Grantee will be. required to intpletnent corrective action, as determined by TDA, prior to applying for future funds. 3.7 Failure to Obtain a Food Establishment Permit or Comply with Texas Food Establishment Rules (TFER). If it is detertined that Grantee failed to obtain a required food establishment pertnit, or that Grantee failed to comply with TFER, Grantor, at its sole discretion, may exercise the remedies set forth in sections 6.1 and 7.1 of this Agreement, including, without ]imitation, termination of the Agreement and taking legal action to obtain full repayinent of the Grant.. TDA FIDM Page 2 of 8 Trade & Btainess Development - - Grants Office HDM- I3 -110o Article 4 Reporting Requirements 4.1 Budget. Grantee shall provide a detailed budget for the year:, attached hereto as "Aaachinerrt A ", not to exceed $140,220.79 for the Term of the Agreement, signed by the Grantee, using the budget categories by which Grantee shall be submitting Quarterly Deport information. 4.2 Quarterly Report. Grantee shall provide to Grantor a quarterly report in a format prescribed by Grantor. The report niust track the expenditure of Grant funds in sufficient detail to assure cotrrpliance with Program rules. Report due dates are as follows: • Mine 1, 2013 for the period February 1, 2013 — April 30, 2013. • September 1, 2013 for the period May 1, 2013 - -,July 31, 2013. • December 1, 2013 for the period .August.l, 2013 -- October 31, 2013. • Marcb 1, 2014 for the period November 1, 2013 —January 31, 2014. 4.3 Failure to Comply with Reporting Requirements. Failure of Grantee to corTrply with any of the reporting requirements in this Agreement may result in the withholding or revocation of a Grant, requirement for Grantee to refund Grant funds dishuesed, arid/or Grantee's .ineligibility for fitture Program £fiords. 4.4 Notice of Failure to Receive County Grant. Grantee shall promptly notify the Grantor of ,my failure to receive or reduction in the amount of the county grant funds required by Texas Administrative Code Title. 4, Part 1, Chapter 1, Subchapter C), Section. 1.953 as reported by Grantee in its application for funds under this Program. Failure of Grantee to receive, or reduction in the amount of, county grant funds i-nay result in the withholding or revocation of a Grant or require Grantee to refund Grant funds disbursed, 4.5 Eligible Meals. The Grant is based on the number: of Eligible Meals served by City of Corpus Christi, Parrs and Recreation Department, Senior Comirtu -ity Service. 1-11igible Meals are calculated by subtracting the meals funded by the 1'exas Department of Aging and Disabilities and /or Area _Agency on Aging, 72,600, from the total number of meals delivered as reported by City of Corpus Christi, Parks and Recreation Depa.rtmxment, Senior. Corrinaunity Service in Nueces County between Septernber 1, 2011 and August 31, 2012, 148,186. 'The Grant is calculated on the remaining number, or 75,586 meals. For purposes of this Grant, any meals that are not Eligible Meals are classified as Ineligible Meals. If an audit or review of the Grant reveals that Grantee has received Grant funds based on .Ineligible Meals, Grantee will be required to repay Grantor the amount of the excess Grant funds received, on terms and conditions as may be set by Grantor. Article 5 Recordkeeping, Access, Inspections, Audits and Investigations 5.1 Access to Records. During the Term of Agreement and for at least. three years after tent- aination of the .Agreement, Grantee shall allow representatives of Grantor acrd /or the State Auditor's Office upon request by such, access to acrd the right to examine the premises, books, accounts, records, files and other papers or property belonging to or ill use by Grantee and pertaioing to the Agreement. Such records shall be maintained by Grantee at a 1 DA - -- I1DM Page 3,)f8 Trade & Business Development -- Grants Office HDM 13 -1100 location that is .readily accessible to Grantor and /or the State Auditor's Office_ Further, Grantor and /or the State Auditor's Office have the authority to monitor Gxrantee's work and snake a visual inspection of any assets purchased or constructed with grant funds. 5.2 Authority to Audit and Investigate. Grantee understands that acceptance of gY:a I funds under the Agreement: acts as acceptance of the authority of the State Auditor's Office, its successor agency, and any representative of the Grantor to conduct an audit or inve"tigation is connection with such funds. Grantee farther agrees to cooperate fully with the State Auditor's Office, its successor or any representative of the Grantor in the conduct of the audit or investigation, .including providing all records requested and ptoviding the State. Auditor or. any representative of the Grantor with access to any information tli(.,,y consider relevant to the investigation or audit. Grantee shell ensure drat the clause concetniirg the authority to audit funds received i rdirectly by any subcontractors used by Grantee and their requirement to cooperate is .included in any subcontracted awards. 5.3 Disallowance of Grant Funds. Grantee understands and agrees that Grantee shall be liable to the Grantor for any costs disallowed as a .result of any audit, investigation or review. Article 6 Use of Grant Funds 6.1 Allowable Expenditures. Allowable expenditures include, but are not limited to, food costs and related preparation and packaging expenses, gasoline, costs for obtaitl:itzg any required food establishnient pernut from the applicable governmental entity or perinitting authority, costs for obtaining an inspection report from a kitchen food sanitation expert, if applicable, and other operational costs, but shall not be used for the purchase of capital assets. Grant funds shall not be used for expenditures that are not made in compliance with any applicable State purchasing laws and regulations. Grantee shall not, under any circumstances, use grant funds for alcoholic beverages, entertainment or charitable or political contributions. If requested by Grantor, Grantee must be able to produce proof of payment (stamped paid invoices or receipts) of all allowable expenditures. 6.2 Misuse of Grant Funds. Grantor may require a full or partial refund of the Grant If (a) Grant funds are ruisused, (b) Grants funds are used for Ineligible Meals; (c) Grant funds are used in an illegal manner, (d) Grant: funds are used for non - allowable expenses, (e) Grantee violates the terms and conditions of this Agreement, or (f) Grantee made any misrepresentations to Grantor in obtaining this Grant. 'Phis provision is not exclusive of other grounds for withholding or recouping of funds or any other rernedy, civil or criminal, which may be available to Grantor. 6.3 No Duplication of Services. Grant funds shall not be used to duplicate services provided to Grantee's clients. Grantee shall have a system in place to prevent the duplication of services to Grantee's cheats. 6.4 Availability of State Funds. This Agreement is subject to the availability of state funds. If such funds become unavailable during the 'feria of Agreeaent and Grantor is unable to obtain sufficient funds, this Agreement shall be reduced or ternu.inated. 6.5 Grantee in "Good Standing." Grantee understands that in order to be eligible for payment from Grantor, Grantee shall be in "good standing" with the Texas Comptroller of Public Accounts. TD,4 —11004 Page 4 of 8 Trade & Business Development - -- Grants Office HDM 13 -1100 Article 7 Term and Termination of the Agreement 7.1 Terin and Termination. 'lie Agreement may be terminated at any time by mutual coarsen. In addition, either party may terminate the - Agreenent, without cause, upon thirty days written notice via .registered or certified email, return receipt requested, to tlae other party. Early teri-nination of the Agreement shall not relieve Grantee froze the reporting requirements contained in .Articles 4, 5 and 6 of this .Agreenaent..if one party tern- linates the Agreement, pursuant to this section, then the effective date. of termination. is 30 days f-oin the elate that the non- terzuinating party receives the notice of termination. 7.2 No Reimbursement Upon Termination. In the event of termination of this Agreement, Grantor shall make no further disbursenrcnt of Grant funds to Grantee beyond those already approved at the tithe of termination, and Grantee specifically waives all rights to any such funds. Article 8 Use and Disposition of Property 8.1 use of Property. During tjie 'Perm of Agreement, any property acquired with Grant funds shall be used in accordance with this Agreement, to accomplish the purposes of the programn. 8.2 Records of Property. Grantee shall maintain appropriate records of goods or property purchased with Grant funds and shall develop a conttol system to ensure adequate- safeguards to prevent loss, damrrage, or theft: of such goods or. property. Article 9 Agreement Modifications 9.1 Amending Agreement. Except as provided in paragraph 9.6 below, this Agreement embodies the entire agreement between the parties, and there are no covenants, agreements, representations, warranties or restrictions between the parties other than those specifically set forth herein. Except as provided in paragraph 9.2 below, no modification or amenchnent to this Agreement is valid unless in writing and signed by the parties. 9.2 Notification of Change in Grantee's Address. Grantee must notify Grantor in writing within 30 days if Grantee's address changes during the Term of Agreement. Failure to submit required notice mnay be grounds for termination of this Agreetent. 9.3 Grantor Request for Amendment. Grantor may amend this Agreement by submitting the requested change to Grantee in writing. Continued performance hereunder shall he deemed acceptance of such.Amendmetit by Grantee. 9.4 Grantee Request for Amendment. Grantee may request an amendment to the Agreement by submitting the requested change, in writing, to Grantor. All requests for an arimendment to the Agreement trust include a summary of Grantee's home - delivered meal services and a statement explainitig the need for the change. TDA - HDM Page S a f8 Trade & Business Development -- Grants Office NDM 13 -IIOQ 9.5 Budgetary Revisions. '.I'he Grantee may make a one -tinie budget revision (not_ affectixig the overall budget amount) without prior approval during the program year, so long as the revision floes not require an increase or decrease in any budget line item over 1.0% of the item's approved budget. All other budget. revisions require prior written approval. The grantee shall request written approval for a budget change by subrnitting a statenxent explaining the need for the change, specifying the anxount, and identifying the expenditure categories affected by the change on a form prescribed by the Grantor. 9.6 Approved Changes Become Part of Agreement. Once approved ill accordance \vith the article, approved changes become a part of the Agreement, superseding all provisions that are inconsistent lierei.n. Article 10 General Terms and Conditions 10.1 Delegation to Third - Party. Grantee is not relieved of its duties and obligations imposed by this Agreement through delegation by G),rantee to a third- party. 10.2 Agreetent Binding. The Agieenxew shall he bitichug on and inure to the benefit of the patties and their officers, administrators, legal representatives, and successors except as otherwise expressly provided herein, Grantee inay not assign or transfer this Agreement without the written consent of Grantor. The parties intend to be legally bound and have executed this Agreement as evidenced by their signatures oil the date indicated below. This Agreement is not effective unless and until it has been signed by both parties. 10.3 Agreement does not Create Debt. Ibis Agreenent shall not be construed as creating any debt on behalf of the State of Texas, and /or Grantor in violation of Article III, Section 49, of the Texas Constitution. In cornphance with Article VIII, Section 6, of the Texas Cotistitution, all obligations of the State of "Texas or Grantor, hereunder are subject to the availability of appropriations and authorization to pay by the 'texas Legislaturc. 10.4 Delivery Methods. Unless specifically provided herein, any notice, tender, or delivery to be given hereunder by any party to another party must be affected by personal delivery it, wilting or by mailing the same by registered or certified alail, return receipt requested. All notices shall be addressed to the parties at the address stated in the Agreement tithless a change of address has been given in the manner provided for in this paragraph. 10.5 Aiithotized Representative. Each person signing expressly represents that lie of she .is duly authorized to do so and to bind the party on whose behalf they are signing. All legal documents prepared for Grantee's signattire must be executed by an individual with the authority to legally bind Grantee. 10.6 Indemnification. Grantee shall indemnify and hold liartxhless Grantor, its agents and employees, from any and all claims, demands, and causes of action arising from or related to Grantee's performance under this Agreement, including reasonable attorneys' fees incurred in defending or settling any such claims to the extent allowed by law. 10.7 Grantee Not Employee of Grantor. Grantee, its employees, contractors, and /or: subcontractors shall not present themselves as or be construed as employees or agents of Grantor. Neither Granteee nor its employees have in employer - employee relationship with Grantor. TDA — IIDAI Page 6 of 8 Trade & Business Develrgpsjent Grants (?ffiee IIDM --13 -1100 10.8 Representations and Warranties of Grantee. Grantee represents acid warrants that: it has the full right and authority to enter into the Agreement and to Bestow on Grantor the rights and privileges set forth in the Agr_eernent; it has obtained all necessary apprc)va.ls prior to execution of the Agreement; it is in good standing with the "Texas Comptroller c> f Public Accounts, and in all other jurisdictions in which it is required to be so qualified for performance of the Agreemment; and it has paid all necessaty fees, and it has obtained all necessary certifications, registrations, approvals and licenses necessary to perform the Agrecinen t. 10.9- Applicable Law. The Agreement shall be governed by and construed in accordalice with the laws of the State of Texas. Exclusive venne shall lie in the District Courts of Travis County, Texas. 10.10 Headings. Captions and headings of the sections or paragraphs of the .Agreement are for convenience a.nd reference only and shall not affect; modify or amplify the provision.,' of the Agreement, not shall they be employed to interpret or aid in the constroction of the Agreement. 10.11 Seve:rability. If any part of the A.geect exit is declared by a court of competent jurisdiction to be .invalid or unenforceable, such portion shall be deemed severed horn the Agr-eeinent and the remaining part shall remain in frill force and effect, and the parties shall promptly negotiate to replace invalid or unenforceable provisions that are essential parts of the Agreement. 10.12 Waiver. A. waiver by Grantor of any provision hereunder shall not operate as a waiver of any other provision, or continuing waiver of the same ptovis.iotn in the future. 10.13 Construction of Agreement. Both parties hereby agree that they participated in the creation of this Agreement, and the terms hereof are a product of the negotiation between the parties. In the event there is a dispute regarding the rucarung of any provision of this Agreement, no provision shall be construed in favor of or against any party's position oil the grounds that said Party was the drafter of this Agreement. 10.14 Exhibits. The following instruments are incorporated into this .Agreement as attachments; • Attachment A — Grant Budget • Attachment B --- W -9 1 ^ornr 10.15 Uniform Grant Management Standards (UGMS). In accordance with Texas Government Code 4783.007, this Agreement shall comply in all respects with the Uniform Grant Management Standards (UGMS). In the case of any conflicts between UGMS and this .Agreement, the UGMS shall control. TDA — HIM 1'age 7 of 3 Trade & Business Development Grants Qf m HDM -13-1100 Article 11 Texas Public Izxl'ctnnation Act Notice All infor:inatiutr provided by Grantee pursuant to the .Agrcexirmt, inchrding infomiation atr.cl 111atc:rrial referred to in paa-agraph 5.1 of the Agterrrrelit, .is s lbjeet. t0 the Texas Piibli.c hifottnatioir Act, ' I-exas Governmoit Code, Chaptex 552, find may be sijbject to disclosure to the 1rubhc_ 'I. his Agrectwut is (Necuted by the. forties ift their Capacities as stated below. Accepted wid -Agreed: Grauto r: Texas Departmetrt of A ticultrite P,O, Box 1284 -7 /1tistiir, Texas 78711 Datc: Brew 1 eButy, Deputy Cotnirrissiotict Grantee City of Corpus Christi, Paelts and Recreation Depat-trrrew, Senior (,or,rrYZtimity Service 1201 Leopard St. Corpus Oidsti, Texas 78401 Date: Authd-ired OfficiM Michael Morris, Director, Park and Recreation Department 11.611ted .Name and 'title IDA - HDA4 Page 8 01,8 Trade & Busuresv Development -- G•rm a 0jrIce 71I)M 13 -1100 Form j social security number Request for Taxpayer GKre Form to the (Rev. December2011) Identification Number and Certification requester. Do not oapartment of the Treasury Note. If the account is in more than one name, see the chart on page h for guidelines on whose send to the IRS. internal Revenue Service Name (as shown on your income tax return) City of Corpus Christi - Parks & Recreation Department/Senior Community Services Division N Business name /disregarded entity dame, if different from above N Check appropriate box for federal tax classification: c' ❑ Individual /sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ TrusUeslate G O P= b Exempt payee L ❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, parinership) N rt' C G ❑J Other (see instructions) 9- Municipality >E Address (number, street, and apt. or suite no.) Requester's narne and address (optional) 1201 Leopard Street City, state, and ZIP code n Corpus Christi, TX 78401 List account number(s) here (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line j social security number avoid backup withholding. For individuals, this is your social security number n page However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other T entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page h for guidelines on whose Employer identification number number to enter. [� a MUMUOUMMMIr Certif ication Under penalties of perjury, I certify that: The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to mo), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 aryl subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an individual retirement arrangement (iRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. sign Signature of � �� I Here U.S, person ® .1.lfl. J Date ® General InstructionS t Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding it you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form it it is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien, e A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, a An estate (other than a foreign estate), or e A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax, Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or busyness in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Formes -9 (Rev. 12 -2611) A l y.j.fic�i(1ViIE N.[ .A HOME DELIVERED MEAT, GRANT BUDGET Nime ofgrantce: City o(C:otpus Cluisti, Parks and Recreation Department, Senior Commutkity Service'JDA Application No.. IIDM -13 -1100 Calftaty it) tivilic]1 weals are pwvided: T ucces Total ls-am amouiw $140,220.79 COM LI;TI :C ,I1 ?TABLE RELOW, Please estimate, to the belt of your ability, [lowTex.ttis Feeding'I'exas: Home Delivered Meal Grafit Prograto fuacis will be expended for your orgataizatiotl d €tring the gratlt period. Xax crxi�xtlir� C',�r� ox` -„ - ; .Lsti�z��nt�.tl.rl4tzac�xrrxt l�ctsonflcl 67,793.43 rood /Meals 67,507.36 I dl�ihn�ent � .� Bililding Oc(:clpanc.y TrattlsPo alloU Office Supplies and Servl(.(:s fj Other: Please shccafy exactly a. Home Delivered Meal Software 5,000,00 b, "Total GrantAtnoltttt $140,220.79 l uriog the Griot Year, (.Aantec n3ilst dcf7 onstr -ae thtit'1DA grant fun(k were used to directly Slippie117(:11t of extend existing meal servic €s to homebound persons that are elderly and /or have a disability. By signing, l certify that the information c otered on this form is tctte acid correct to the best of my knowledge. Signature: . .......... .._ .. �s . YA -- r1»M IInM -13 -1100 7'rmle & Business Development -- Grants O%J)ee Allac'1177 ent A - 131111get z 0 (7 U O 0 5 m w x f C' d N K D ra zx w� zi ❑ F x �- a �z a i a a U Q O C J - °aa J � N O U c p az -m a wo �° Fn z m ¢ w j m a N 6 z c 0 a U y w i z a m ° w - O w � a Q 0. a p a U 0 H n a 2 w f rc m F p oa J Q 2 w U p f N w m p z a � W j J J ❑go o p a w a z w� x of U U N 3 z w 4'm w w F i Imt w w - p I I I m - 0 2 m a p x w U arx? z ~ w f O Z F a a •' u• e Z J N jN N N N N j J N J N N p � m - 333 ZZZ 3 Z 3 Z 3 3 Z Z 3 2 3 2 3 z w Z z w Z ¢ 5� ti am USE w 3 x d c 6 N m ¢ 2 W c K V w o 0 ¢W w m m O U5 E9 E o m 2 aW yyU v y m w� ON x mmmd - y -Z.5m� p c m o F O U3M.S u .pjyKK 0 0 0 8 'Q v R n V W N V g y o a j r N u❑ �.� $ U 161 g O +o =tea aav °..o e QQQQ,mj �a =Z�mU N a ? RRU�$iioT orb000 -W❑ J o uoc�i 9° `O c�i - c3 as c�.o8c o ocxiao f e v o v o p - i oo¢aaaa��oa¢o¢aaa o 3 e o o" a o o a S o 0 0 ❑ c of ti a 0 z U Z O 6 m 0 U U U c�D a ] §k f.: \ \1 \ i 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET January 22, 2013 PROJECT: CCIA Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades (Project No. E10075) APPROVED: City Council Motion No. 2011 -216 on September 27, 2011 CONTRACTOR: Beecroft Construction P.O. Box 2643 Corpus Christi, TX 78403 TOTAL CONTRACT AMOUNT (September 27, 2011) $2,493,665.79 Motion No. 2009 -015 25% Limit Amount $623,416.45 Change Order No. 1 $49,900.00 Administrative Approval Change Order No. 2 $168,499.36 Motion No. M2012 -182 Change Order No. 3 $46,598.33 Administrative Approval Change Order No. 4 $13,985.40 Administrative Approval Change Order No. 5 $170,404.21 TOTAL All Change Orders $449,387.30 18.02% < 25% NEW CONTRACT PRICE $2,943,053.09 K kEngtneering DataExchangolCIerissaJlA irport1Ei0075 . CCIA Communications Center Perimeter Security%genda - Construction CO No. 55Change Order Summary - CCIA Communications Center Beecroft Change Order No. 5.doex CHANGE ORDER NO: CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas 5 PROJECT NO: 10030 CONTRACT TIME: 180 CD Operating Department: CCIA (Aviation) DATE: December 4, 2012 Name of Project: CORPUS CHRISTI INTERNATIONAL AIRPORT COMMUNICATIONS CENTER, PERIMETER SECURITY, STANDBY GENERATOR AND COMMERCIAL AVIATION LIGHTING UPGRADES (E10075) Contractor: Beecroft Construction, Ltd., PO Box 2643 (2222 Laredo) Corpus Christi, TX 78403 CHANGE ADD DEDUCT Refer to Attached Spreadsheet $ 170,404.21 For Breakdown of Items TOTAL NET: $ 170,404.21 Why was this change necessary? (If left off the plans and specifications, explain why) Refer to Change Order Tabulation Spreadsheet for breakdown. (Enclosed) How can similar changes be avoided in the future? Refer to Change Order Tabulation spreadsheet for breakdown. (Enclosed) A. CONTRACT PRICE .........................$ 2,493,665.79 B. TOTAL CHANGE ORDER (inc. current) ...... $ 449,387.30 C. NEW CONTRACT PRICE .....................$ 2,943,053.09 D. THIS CHANGE ORDER ......................$ 170,404.21 E. PERCENT TOTAL CHANGE (B /A) ............. 18.02% Project Engineer F. PREVIOUS ADDN'L TIME AUTHORIZED........ --150- Jeff Talbott, P.E. G. ADDN'L CONTRACT TIME THIS CHANGE ORDER. -96- H. TOTAL ADDITIONAL, TIME .................. -246- CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR By: By: City Engineer f t� Title: / APPRp Operating Department Capital Budget Officer Legal Department DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET January 22, 2013 PROJECT: CCIA Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades (Project No. E10075) APPROVED: City Council Motion No. 2011 -216 on September 27, 2011 CONTRACTOR: Beecroft Construction P.O. Box 2643 Corpus Christi, TX 78403 TOTAL CONTRACT AMOUNT (September 27, 2011) $2,493,665.79 Motion No. 2009 -015 25% Limit Amount $623,416.45 Change Order No. 1 $49,900.00 Administrative Approval Change Order No. 2 $168,499.36 Motion No. M2012 -182 Change Order No. 3 $46,598.33 Administrative Approval Change Order No. 4 $13,985.40 Administrative Approval Change Order No. 5 $170,404.21 TOTAL All Change Orders $449,387.30 18.02% < 25% NEW CONTRACT PRICE $2,943,053.09 KAEngineering Data Exchange \Lynda \LEGISTARTY 13 \1 -Jan 22 \CCIA CO #5 \CO Summary. docx -ile : \ Mproject \councilexhibits \exhL7UU 15 \NUF(' C I PROJECT # E10075 NOT TO SCALE I CORPUS CHRISTI INTERNATIONAL AIRPORT CITY COUNCIL EXHIBIT COMMUNICATIONS CENTER, PERIMETER SECURITY, CITY OF CORPUS CHRISTI, TEXAS STANDBY GENERATOR AND COMMERCIAL DEPARTMENT OF ENGINEERING SERVICES AVIATION APRON LIGHTING UPGRADES PAGE: 1 of 1 = ^ 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 12, 2013 852 Second Reading for the City Council Meeting of February 26, 2013 DATE: January 24, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289 -0171 ext. 1213 Ordinance for authorization to ratify an amendment to the On- Airport Rental Car Concession and Lease Agreement with The Hertz Corporation. CAPTION: Ordinance authorizing the City Manager, or designee, to ratify an amendment to the On- Airport Rental Car Concession and Lease Agreement with The Hertz Corporation for the operation of a car rental concession at the Corpus Christi International Airport ( "Airport ") to exclude former Hertz subsidiary Simply Wheelz, L.L.C. as a party. PURPOSE: Due to The Hertz Corporation's divestment of a former subsidiary who should no longer be a party to The Hertz Corporation's On- Airport Rental Car Concession and Lease Agreement, the City and The Hertz Corporation desire to enter into an amendment to that On- Airport Rental Car Concession and Lease Agreement to formally agree that Simply Wheelz no longer is a party to that agreement. BACKGROUND AND FINDINGS: The City and The Hertz Corporation, a Delaware corporation, and its wholly owned subsidiary, Simply Wheelz, L.L.C., a Delaware limited liability company, doing business as Advantage Rent -A -Car ( "Simply Wheelz "), previously executed an On- Airport Rental Car Concession and Lease Agreement dated November 1, 2009. The Hertz Corporation sold Simply Wheelz effective December 12, 2012. Therefore, the City and The Hertz Corporation desire to enter into an amendment to that On- Airport Rental Car Concession and Lease Agreement to formally agree that Simply Wheelz no longer is a party to that agreement. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: The Hertz Corporation never operated the Advantage Rent -A -Car brand at the Airport, so the only necessary action is to amend the On- Airport Rental Car Concession and Lease Agreement to clarify that Simply Wheelz (doing business as Advantage Rent -A -Car) no longer is a party to that agreement. CONFORMITY TO CITY POLICY: This amendment supports compliance and accuracy of the City's legal documents. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Amendment to the On- Airport Rental Car Concession and Lease Agreement Hertz Letter — Sale of Simply Wheelz, LLC DBA Advantage Rent A Car Certification of Funds Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to ratify an amendment to the On- Airport Rental Car Concession and Lease Agreement with The Hertz Corporation for the operation of a car rental concession at the Corpus Christi International Airport ( "Airport ") to exclude former Hertz subsidiary Simply Wheelz, L.L.C. as a party. Whereas, the City and The Hertz Corporation, a Delaware corporation, and its wholly owned subsidiary, Simply Wheelz, L.L.C., a Delaware limited liability company, doing business as Advantage Rent -A -Car ( "Simply Wheelz "), a company operating under the laws of the State of Texas, previously executed an On- Airport Rental Car Concession and Lease Agreement dated November 1, 2009 ( "Original Agreement "); Whereas, The Hertz Corporation sold Simply Wheelz effective December 12, 2012; Whereas, the City and The Hertz Corporation desire to enter into an amendment to the Original Agreement to formally agree that Simply Wheelz no longer is a party to that Original Agreement; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to ratify an amended agreement with Hertz for the operation of a car rental concession at the Airport to exclude former Hertz subsidiary Simply Wheelz as a party, which amendment is attached hereto as Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Ordinance — Hertz Amendment to Orig Agmt 1- 215 -13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 of 2 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Ordinance — Hertz Amendment to Orig Agmt 1- 215 -13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott the day of Nelda Martinez Mayor , 2013. THE HERTZ CORPORATION 225 Broe Boulevard Park Ridge, NJ 07656 -0713 Telephone: (201) 307 -2474 January 18, 2013 Send via Federal Express Charlotte P. Yochem Senior Assistant City Attorney City of Corpus Christi Legal Department 1201 Leopard Street Corpus Christi, TX 78401 -2825 Dear Ms. Yochem: Linda Dravin Senior Paralegal Please find enclosed two (2) signed copies each of the First Amendment to the Rental Car Concession and Lease Agreement, and Amendment to the Rental Car Concession and Lease Agreement, between the City of Corpus Christi and The Hertz Corporation. Kindly have the Amendments signed on behalf of the City and return one fully executed original of each to my attention for our files. Very truly yours, Linda Dravin Senior Paralegal cc: Jackie Agan AMENDMENT TO THE ON- AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE HERTZ CORPORATION This amendment to an existing concession and lease agreement is made by and between the City of Corpus Christi (the "City ") and The Hertz Corporation, a Delaware Corporation. WHEREAS, the City and The Hertz Corporation, a Delaware corporation, and its wholly owned subsidiary, Simply Wheelz LLC, a Delaware limited liability company, doing business as Advantage Rent -A -Car ( "Simply Wheelz "), a company operating under the laws of the State of Texas previously executed an On- Airport Rental Car Concession and Lease Agreement dated November 1, 2009 ( "Original Agreement "); WHEREAS, The Hertz Corporation sold Simply Wheelz effective December 12, 2012; WHEREAS, the City and The Hertz Corporation desire to enter into this amendment to the Original Agreement to acknowledge that Simply Wheelz no longer is a party to that Original Agreement; NOW, THEREFORE, by execution of this amendment to the Original Agreement, the parties agree as follows, effective as of December 12, 2012: Section 1. Article XVII of the Original Agreement is deleted in its entirety and is replaced with the following: "ARTICLE XVII NOTICES All notice periods begin on the date the notice is mailed by certified mail, return receipt requested, and sent via facsimile or personally delivered. Any and all notices or other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered as properly given if (1) sent by certified mail, return receipt requested, and (2) sent by facsimile transmission or via any nationally recognized overnight courier service, and addressed as follows: When to CI TY: Attention: Director of Aviation Corpus Christi International Airport '1000 International Drive Corpus Christi, Texas 78406 Phone: (361) 289 -0171 Fax: (361) 826 -4551 When to CCONCESSIONAIRE: Attn: Staff Vice Tres., Real Estate and (concessions The Hertz Corporation 225 Brae Boulevard Park Ridge, New Jersey 076664/13 Phone: (201) 3072771 Fax: (201) 307 -2689 Pagel of 2 Amendment to Original Agnit- Hertz 1 -15 -13 Section 2. "Concessionaire" shall refer only to The Hertz Corporation in the Original Agreement and shall not include Simply Wheelz and that Simply Wheelz no longer is a party to that Original Agreement. Section 3. The parties further agree that all terms and conditions of the Original Agreement not changed by this amendment remain the same and in full force and effect. IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Amendment, to be effective upon execution by the City Manager. EXECUTED IN DUPLICATE ORIGINALS this day of , 2313, by the authorized representative of the parties. ATTEST: Armando Chapa City Secretary City of Corpus Christi, Texas Ron Olson City Manager CONCESSIONAIRE: The Hertz Corporation, a Delaware corporation By: Name: Simon Ellis Title: Staff Vice President, Real Estate and Concessions Date: -,-/ '; STATE OF NEW JERSEY COUNTY OF BERGEN This instrument was acknowledged Before me on Januaiy 13, 2013, by Simon Ellis, as Staff Vice 'resident, Deal Estate and Concessions of The Hertz Corporation, a Delaware corporation, on behalf of said corporation. �U/ —411-61411X Notary Public LINDA ORAVIN NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES JAN. 24, 2014 Page 2 of 2 Amendment to Original Aging- Hertz 1 -15 -13 THE HERTZ CORPORATION 225 Brae Boulevard Park Ridge, NJ 07656-0713 Telephone: (201) 307-2771 Send via Federal Express Charlotte P. Yochem Senior Assistant City Attorney City of Corpus Christi Legal Department 1201 Leopard Street Corpus Christi, TX 78401-2825 Dear Ms. Yochern: Simon Ellis Staff Vice President, Real Estate and Concessions This letter will confirm that The Hertz Corporation sold its interest in Simply Wheelz LLC dba Advantage Rent A Car on December 12, 2012. cc: Jackie Agan 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 12, 2013 852 Second Reading for the City Council Meeting of February 26, 2013 DATE: January 23, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289 -0171 ext. 1213 Ordinance authorizing the execution of a First Amendment to the On- Airport Rental Car Concession and Lease Agreement with each of the Rental Car Agencies located at the Corpus Christi International Airport, in consideration of a base rent to be offset as applicable by revenues collected via a Customer Facility Charge, each for a term of five (5) years. CAPTION: Ordinance authorizing the City Manager, or designee, to execute a First Amendment to the On- Airport Rental Car Concession and Lease Agreement with each 1) EAN Holdings, LLC, a wholly owned subsidiary of Enterprise Holdings, Inc. dba Alamo Rent A Car and National Car Rental ( "Alamo /National'), 2) Coastal Bend Rent -A -Car dba Avis Rent -A -Car ( "Avis "), 3) DTG Operations, Inc. dba Dollar Rent -A -Car and Thrifty Car Rental ( "Dollar /Thrifty "), 4) EAN Holdings, LLC, a wholly owned subsidiary of Enterprise Holdings, Inc. dba Enterprise Rent -A- Car ( "Enterprise "), and 5) The Hertz Corporation ( "Hertz ") to lease space in the Quick Turn Around Facility ( "QTA ") located at the Corpus Christi International Airport ( "Airport "), in consideration of a base rent to be offset as applicable by revenues collected via a Customer Facility Charge, each for a term of five (5) years. PURPOSE: Request authorization to amend the On- Airport Rent A Car Concession and Lease Agreement, allowing the incumbents to lease space in the recently constructed Quick Turn Around Facility. The term for each incumbent being five (5) years, and the original On- Airport Rental Car Concession and Lease Agreement will become coterminous with this Amendment. BACKGROUND AND FINDINGS: In April 2010 the City Council approved the implementation of a Customer Facility Charge of $3.50. This fee has been collected and used for planning, designing and construction of the QTA. A construction contract was awarded on March 2011 to BARCOM Commercial Construction. Phase I of the facility is complete and ready to move -in, allowing the RAC tenants to operate out of this new facility upon approval of this amendment. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The QTA Facility is part of the overall planned development of the Airport and its initiatives. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance DTG Operations, Inc. — First Amendment EAN Holdings, LLC (Alamo /National) - First Amendment EAN Holdings, LLC (Enterprise) — First Amendment Coastal Bend Rent -A -Car — First Amendment The Hertz Corporation — First Amendment Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to execute a First Amendment to the On- Airport Rental Car Concession and Lease Agreement with each 1) EAN Holdings, LLC, a wholly owned subsidiary of Enterprise Holdings, Inc. dba Alamo Rent A Car and National Car Rental ( "Alamo /National "), 2) Coastal Bend Rent -A -Car dba Avis Rent -A -Car ( "Avis "), 3) DTG Operations, Inc. dba Dollar Rent -A -Car and Thrifty Car Rental ( "Dollar /Thrifty "), 4) EAN Holdings, LLC, a wholly owned subsidiary of Enterprise Holdings, Inc. dba Enterprise Rent -A- Car ( "Enterprise "), and 5) The Hertz Corporation ( "Hertz ") to lease space in the Quick Turn Around Facility ( "QTA ") located at the Corpus Christi International Airport ( "Airport "), in consideration of a base rent to be offset as applicable by revenues collected via a Customer Facility Charge, each for a term of five (5) years. Whereas, the City of Corpus Christi ( "City ") previously executed On- Airport Rental Car Concession and Lease Agreements with each Alamo /National, Avis, Dollar /Thrifty, Enterprise and Hertz dated November 1, 2009 ( "Original Agreement "); Whereas, the City is in the process of constructing a new consolidated service facility and fueling facility at the Airport, referred to as the QTA, to be used for fueling, cleaning, minor maintenance, staging, and storing of the rental car fleet; Whereas, the City and each Alamo /National, Avis, Dollar /Thrifty, Enterprise and Hertz desire to amend the Original Agreement to incorporate the use of the new QTA; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to execute a First Amendment to the On- Airport Rental Car Concession and Lease Agreement with each Alamo /National, Avis, Dollar /Thrifty, Enterprise and Hertz to lease space in the QTA located at the Airport, in consideration of a base rent to be offset as applicable by revenues collected via a Customer Facility Charge, each for a term of five (5) years, which agreements are attached hereto as Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Ordinance — Combined all RACS1 -15 -13 Chad Magill Colleen McIntyre Lillian Riojas Priscilla Leal David Loeb Mark Scott Page 2 of 2 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Ordinance — Combined all RACS1 -15 -13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , 2013. Nelda Martinez Mayor FIRST AMENDMENT TO THE ON- AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND EAN HOLDINGS, LLC WHEREAS, the City of Corpus Christi and EAN Holdings, LLC. a Delaware limited liability company and wholly owned subsidiary of Enterprise Holdings, Inc., doing business as Alamo Rent A Car and National Car Rental, a company operating under the laws of the State of Texas ( "Concessionaire ") previously executed an On- Airport Rental Car Concession and Lease Agreement dated November 1, 2009 ( "Original Agreement "); WHEREAS, the City is in the process of constructing a new consolidated service facility and fueling facility, referred to as the Quick Turn Around Facility ( "QTA') to be used for fueling, cleaning, minor maintenance, staging, and storing of the rental car fleet; WHEREAS, the parties hereto desire to amend the Original Agreement to incorporate the use of the new QTA; NOW, THEREFORE, the parties agree as follows to amend the Original Agreement by adding new Article XXVII I ( "Amendment ") as follows: Article XXVIII Quick Turnaround Facility A. Definitions: The following terms, when used in this Article XXVIII with the initial letter(s) capitalized, whether in the singular or the plural, shall have the following meaning. Capitalized terms not defined below shall have the meaning as set forth in the Original Agreement: "Airport": Corpus Christi International Airport. "Airport QTA Fund ": Fund designated by the Airport for CFCs collected by Concessionaire and paid to the Airport. "Amendment ": This First Amendment to the On- Airport Rental Car Concession and Lease Agreement that adds a new Article XXVIII. "Base Rent" or" Rent ": An amount net of CFCs required to offset the QTA costs as identified in Sections C and D below. "CFC" or "CFCs ": The Customer Facility Charge, as determined from time to time by the City as related to the QTA and required to be collected by the Concessionaire and the Other Concessionaires for all transactions conducted at the Airport. " City":The City of Corpus Christi, Texas. Page 1 of 16 QTA Amendment- National 11 -1 -12 "Common Use Area(s )".All facilities and land contained in the QTA that are available for use by Concessionaire and the Other Concessionaires for their common use as identified in Exhibit A and Exhibit C attached hereto. "Concessionaire ": Any individual or business entity that has an existing lease or concession agreement with the Airport for the purpose of renting vehicles to Customers who o riginate from Air port p roperty, as s tated in Co rpus Ch risti Cit y O rdinance N o. 028575. "Date of Beneficial Occupancy': Following issuance of a Certificate of Occupancy, the date upon which the tenant substantially occupies the premises and conducts the primary activities associated with the operation of the concession. "Director" or "Airport Director': The Director of Aviation employed by the City or his or her designee. "Exclusive Use Areas) ":AII facilities available and leased only to Concessionaire and no other for Concessionaire's exclusive use as identified in Exhibit B attached hereto. 'Fuel System': Shall include all the fuel storage tank(s), product piping, vent piping, fuel dispensers, nozzles, hoses, Stage I and II vapor recovery equipment, if applicable, under dispenser containment sump, turbine sump, fill port, spill buckets, and all leak detection devices. "Improvements ": Buildings, landscaping and all other permanent improvements constructed or modified from time to time at the premises. "Heavy Vehicle Maintenance ". Any type of body work or work performed on the vehicle drivetrain, and anything beyond permissible minor maintenance. "Land Rent ": Land Rent shall be that amount set by the City as rent for the land occupied under this Amendment which will be based on an appraisal by a Registered Third Party Appraiser based on comparable facilities to be updated every five (5) years beginning in April, 2016. "Market Share or Market Share Percentage ": The amount, expressed as a percentage, equal to the quotient of (i) Concessionaire's on- Airport Gross Revenues as defined in Article IV, Section (i) of the Original Agreement during the immediately preceding twelve (12) months' period, divided by (ii) the sum of the on Airport Gross Revenues of Concessionaire and the Other Concessionaires during such twelve (12) months' period. "Operations Manual The manual that will be developed by the City and Concessionaires upon occupancy of the QTA that defines the daily operating procedures for conducting operations at the QTA, the use of Common Use facilities, security and safety procedures that will be enacted, and conflict resolution processes. The Operations Manual is subject to amendment and change. The most current master version will be kept in the office of the Director. "Ordinance": Corpus Christi Ordinance No. 028575, Amending the Code of Ordinances, Chapter 9, "Aviation," by Creating New Section 9 -68, Entitled "Car Rental Customer Facility Charge," passed by the Corpus Christi City Council on April 20, 2010. Page 2 of 16 QTA Amendment - National 11 -1 -12 "Original Agreement ": The previously executed On- Airport Rental Car Concession and Lease Agreement by and between the City and Concessionaire dated November 1, 2009. "Other Concessionaires ": All on- Airport rental car Concessionaires that are parties to an Original Agreement with the City, other than Concessionaire, and any Replacement Rental Car Company (as defined below). .QTA" or "Property ": Means the City -owned Quick TurnAround Facility Area as depicted on the attached Exhibit A, Exhibit B, and Exhibit C attached hereto. "Replacement Rental Car Company' A rental car company who has executed an Original Agreement sublease or assignment agreement, approved in writing by the Director, to replace Concessionaire or an Other Concessionaire that defaulted under a lease with the City under terms similar to the Original Agreement. "Tenant Improvements ": Any improvements, furniture, trade fixtures or equipment construct o r p laced u pon t he P roperty by Concessionaire, 0 ther Co ncessionaire, o r Replacement Rental Car Company or the City. "Vehicle Stacking Spaces ": Those Common Use Areas as depicted on Exhibit A, also referred to herein as queuing lanes, for use in common by Concessionaire for parking its vehicles for use as rentals at the Airport in the QTA. The Spaces will be subject to adjustment as called for in this Amendment. "Vehicle Storage Spaces ": Those Common Use Areas as depicted on Exhibit A, for use in common by Concessionaire for storing its vehicles for use at the QTA. The spaces will be subject to adjustment as called for in this Amendment. B. Additional Premises The City does lease to Concessionaire, and Concessionaire does lease from the City, the additional property at the QTA as depicted on Exhibit A, Exhibit B, and Exhibit C, for Concessionaire's Exclusive Use and Common Use Areas. An Operations Manual will be on file in the Director's office and may be amended from time to time that will define the operating procedures that will be in place for use of the Additional Premises. 1} The Common Use Areas shown on Exhibit A and Exhibit C as allocated according to Section E below; shall include the following: a. Lanes for queuing Concessionaire's rental car fleet at the QTA for: i. Fueling ii. Cleaning of vehicles iii. 12 fuel dispensing bays iv. 3 car wash bays b. Employee parking spaces G. In- fleeting and out - fleeting parking lanes d. Short term vehicle storage Page 3 of 15 QTA Amendment - National 11 -1 -12 e. Fuel farm serving QTA 2) The Exclusive Use areas shown on Exhibit B include the following: a. Eight hundred fifty (850) square feet of office space for each Concessionaire's exclusive administrative office purposes; b. Seven hundred seventy five (775) square feet for maintenance bay for each Concessionaire's exclusive use. C. Base Rent; 1) Concessionaire shall have Exclusive Use and Common Use of the portions of the Property as depicted in attached Exhibits A, B, and Cfor Concessionaire's purposes and subject to reallocation as provided in Section E below. 2) Base Rent of the Exclusive Use and Common Use Areas as depicted in Exhibits A, B, and C attached shall be calculated on an annual basis. The Base Rent requirement shall be the sum of the following expenses, all of which are eligible: a. All costs of construction whether funded with cash or any borrowing instrument b. Debt service coverage requirement G. Land rent d. Major maintenance costs e. Repair and replacement account funding f. City provided insurance related to the QTA g. Utility costs associated with the QTA h. Direct labor costs for maintenance and operation of the QTA L Operating and maintenance costs associated with operating the QTA j. Administrative costs associated with the management of the QTA k. All permits and licenses directly related to the QTA I. Landscaping on land leased as part of the QTA m. Bad debt from vendor or concessionaire related to the QTA n. Other reasonable costs incurred by the City relating to operation of the QTA o. A deficit of prior year(s)' CFC collections applied toward Base Rent CFCs collected shall first be applied to offset the expenses in the priority identified above. T he ex penses I isted abo ve au thorized by t he O rdinance, inc orporated herein by reference, apply only to Concessionaire's operations at the QTA and not to Concessionaire's operations at any other location at or outside of the Airport. In the event the total CFCs collected are available to fully offset the expenses in any budget year, then no Base Rent will be due. If the total CFCs collected are not sufficient to offset the expenses as identified above, Base Rent will be established for any deficit in the total amount required. Base Rent will be charged based on the following formula: Fifty percent (50 %) will be divided equally among the Concessionaires based on their share of Exclusive Use Area. Payment for the portion of Base Rent Page 4 of 16 QTA Amendment National 11-1-12 charged based on equal allocation among Concessionaires is due and payable on the first day of the month for which rent is due. Following the completion of the contract year and the final audit by the City, the City will recalculate the requirement for each Concessionaire against the actual Base Rent and CFCs received and if any shortfall payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15th) of the month following invoicing. If the Base Rent payment, less CFCs, paid to the City during the year exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due by the fifteenth (15th) of the month, subject to the process defined in Section 3 of Exhibit "D" to the Original Agreement. 2. Fifty percent (50 %) will be based on Market Share of Concessionaires. Payment for the portion of The Base Rent based on Market Share that will be effective for that contract year will be projected at the beginning of the contract year based on Market Share and payment will be due and payable for this portion of the Base Rent on the first day of the month for which rent is due. Following the completion of the contract year and the final audit by the City, the City will recalculate the Market Share Base Rent requirement based on actual payments and CFCs collected and remitted. If any payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15th) of the month following invoice. If the estimated Base Rent, less CFCs, payment paid exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due on the fifteenth (15th) of the month, subject to the process defined in Section 3 of Exhibit °D" to the Original Agreement. Notwithstanding the foregoing, to whatever extent possible, if the total CFCs collected are not sufficient to offset the Base Rent expenses set out above, such shortfall will be calculated at the end of the fiscal year and will be rolled over to the next fiscal year so that, to the extent possible and at the discretion of the Airport Director, Concessionaire will not be required to submit payment to the City for such shortfall but, instead, may overcome such shortfall with a future surplus of CFCs collected. Repairs required as a result of direct damage by Concessionaire employees, agents, designees, or contractors, normal wear and tear excepted, will be charged back to the responsible Concessionaire. A minimum of sixty (60) days prior to the commencement of occupancy and for all subsequent fiscal years, the City shall prepare an expense budget identifying the expenses in the same manner as identified above and a projection of the CFC revenues anticipated to be collected and shall submit such expense budget to the Concessionaire for review and comment. Following consultation with Concessionaire, the City will establish the Base Rent that will be effective for that fiscal year and may adjust the amount of any CFC during the term of the Agreement to cover expenses and to avoid any contingent Base Rent. The Ordinance states in pertinent part: "Section 9- 68.03: Customer Facility Charge Page 5 of 16 QTA Amendment - National 11 -1 -12 (B) The CFCs must be used to pay, or reimburse the Airport, for the costs associated with the design, acquisition, planning, development, construction, operation, maintenance, repair, equipment, and replacement of facilities and related improvements made use of in or connected to the business of renting cars at the Airport. Any or all of the CFCs collected may be pledged to the punctual payment of debt service on obligations (and any other pecuniary obligation) issued by or on behalf of the City for the benefit of the Airport for the cost of the car rental portion of facilities, parking lots, buildings, and other improvements, and to create and maintain reasonable operating and maintenance reserves as well as capital asset repair and replacement reserves. Eligible costs for the car rental facilities and related improvements include all costs, fees, and expenses associated with the design, acquisition, planning, development, construction, equipping, operation and maintenance, capital repair and replacement, and site improvement. Nothing herein shall be construed to make fees, costs, or expenses incurred in tenant improvements for space exclusively used by a Car Rental Company ineligible. "Equipping" for the purposes of this section is limited to providing necessary equipment within the common use areas and car maintenance bays of the car rental facilities. "Operation and maintenance" for the purposes of this section does not include fees, costs, or expenses incurred for or associated with consumables, such as paper supplies, oils and lubricants, or other products used in the business of the car rental facilities." "Section 9- 68.05: Collections. (A) All CFCs collected by all Car Rental Companies are and shall be funds held by the Car Rental Companies in trust for the City for the benefit of the Airport and recognizing the third party beneficiary status of any holders of any debt obligations issued by the City for the benefit of the Airport. Car Rental Companies and their agents hold only a possessory interest in theCFCs and no equitable interest. All Car Rental Companies shall segregate, separately account for, and disclose all CFCs as trust funds in their financial statements and shall maintain adequate records that account for all CFCs charged and collected. Failure by a Car Rental Company to segregate the CFCs shall not alter or eliminate their trust fund nature. The Airport shall have the right to audit the CFC records of a Car Rental Company upon reasonable notice. (B) All Car Rental Companies shall remit all CFC funds that were collected or should have been collected from its Airport car rental customers on a monthly basis to the Airport. The CFCs shall be remitted on the 20'hday of the month following the month the CFCs were collected. Failure of a Car Rental Company t o s trictly c omply with t his s ubparagraph s hall be c onsidered a material breach of the Car Rental Company's authorization to do business at the Airport." "Section 9- 68.06.Annual Rate Adjustments. (A) Each April, the Airport Director shall recalculate the Customer Facility Charge to be effective June 5 of the same year to recover the amount equivalent to the remaining portion of the amount pledged by the City to the Page 6 of 16 QTA Amendment-National 11 -1 -12 payment of debt service on obligations (or any pecuniary obligation related thereto) issued by or on behalf of the City for the benefit of the Airport. The Airport Director shall consider any written comments of the Car Rental Companies regarding the adjustment, but the Airport Director, with the concurrence of the Director of Financial Services, has the sole and final determination of the amount. (B) Notwithstanding anything herein to the contrary, the Customer Facility Charge shall not be less than $3.50 per Customer per Transaction Day." Following the completion of the year -end audit, in the event that CFC collections exceed the projected Base Rent requirement plus any projected major maintenance or projected capital investment requirements, the City will reimburse Concessionaire from the Airport QTA Fund for any Base Rent, as detailed in Section C(2) herein, actually paid by Concessionaire in prior year(s), in the form of a check to be paid by the twentieth (20'h) day of the following month, during the term of this Amendment, so that Concessionaire is made whole as to their costs that the Ordinance authorizes to be paid by CFCs. D. Allocation and Reallocation of numbered queuing lanes as shown on ExhibitA: 1 } Concessionaire numbered queuing lanes will be allocated on an annual basis effective Au gust 1 o f e ach y ear o f t he Agreement a ccording to t he respective Market Share Percentages for the previous twelve (12) month period. Allocation of rows will be made in full row allocation only. A single row will not be allocated to more than one Concessionaire. In order to achieve an additional row upon annual re- allocation, a Concessionaire must have a market share percentage that commands 60% or more of a full row. 2) The Airport Director, in consultation with Concessionaire, shall annually determine the allocation of each Concessionaire's numbered queuing lanes , based on the previous twelve (12) month period market share and in keeping with full row allocation as detailed in E(1) above. The Airport Director's determination shall be final and binding, provided, however, that if the Airport Director determines that a Concessionaire's allocation is to increase, that Concessionaire may decline the reallocation and maintain their existing allocation. If a Concessionaire declines an increased allocation, it will be at the discretion of the Director to reallocate to the other Concessionaires based on the other Concessionaires' requests, but under no circumstance will there be less than a 100% allocation of all available numbered queuing lanes. Concessionaire will be provided an updated Exhibit A each year of this Amendment that will show the annual allocation by Concessionaire. E. Exhibits: If the Property is reallocated by the City, the Exhibits to this Agreement that are affected by such reallocation shall be superseded by replacement Exhibits provided by the City. F. Required and Permitted Uses. 1) The Property shall be used by Concessionaire only for the fueling, vehicle stacking, vehicle storing, washing, cleaning, detailing, and minor maintenance of Concessionaire's vehicle inventory used in connection with its Original Agreement Page 7 of 16 QTA Amendment-National 11 -1 -I2 at the Airport, and uses incidental and reasonably related thereto. Notwithstanding the foregoing requirement, Concessionaire may use the Property for the fueling and washing of Concessionaire's vehicle inventory not rented at the Airport facility only to the extent that such fueling and/or washing does not cause undue inconvenience or maintenance costs to the other Concessionaires or the Airport. Upon complaint by the Airport or a Concessionaire of such undue inconvenience or maintenance costs, the Airport Director has sole discretion to allow or disallow fueling and/or washing of Concessionaire's vehicle inventory not rented at the Airport facility. Examples of permissible minor maintenance include services such as oil changes, tire replacement, braise maintenance, windshield repair, and vehicle fluid replacement. Any other maintenance beyond this general description performed at the QTA is not permitted except as expressly authorized in this Agreement or in writing by the Airport Director. The Airport Director will have sole discretion to authorize maintenance other than what is identified in this Agreement and will take into consideration the impact of any such requests on the Concessionaire considering environmental liability, public perception, and overall airport operations. If the Airport Director authorizes maintenance other than what is identified in this Agreement for one Concessionaire, the Airport Director will authorize such maintenance in writing to all Concessionaires. 2) The Property shall not be used for any other purpose, and specifically shall not be used for Heavy Vehicle Maintenance, storage of any vehicles used in conjunction with any off - Airport rental car concession, storage of out -of- service and damaged vehicles for longer than twenty one (21) calendar days, and sales of new or used vehicles, o r au ctions o r I iquidation s ales. The Air port D irector, in h is /her s ole discretion, may allow occasional extended storage period for damaged vehicles, when the Airport Director agrees such extension is necessary due to extenuating circumstances identified by Concessionaire. 3) If any governmental license or permit, other than a certificate of occupancy, shall be required for the proper and lawful conduct of Concessionaire's business on the Airport, Concessionaire shall procure and maintain such license or permit, at its sole cost and expense, and shall submit the same, upon request, for inspection by the City. Concessionaire shall at all times comply with terms and conditions of each such license or permit. However, City shall be responsible to comply with all regulations, laws, and ordinances and shall obtain all necessary licenses and permits required to operate the QTA, including the fueling facility and wash bays, and City shall be responsible for compliance with all applicable regulations regarding reporting requirements for the QTA, including the fueling facility. 4) Compliance with Laws: Concessionaire shall not use or permit the Property, or any part thereof, to be used in whole or in part for any purpose other than as set forth above, nor for any use, operation or activity in violation of any present or future laws, ordinances, general rules or regulations at any time applicable thereto of any public or governmental authority. In the event that compliance reporting is required. Concessionaire agrees to make all reasonable efforts to cooperate with the City in providing any required information. G. Fueling Facilities and Charges: Page S of 16 QTA Amendment- National 11 -1 -12 1) City agrees to purchase and have delivered to the Property the required fuel to be utilized by the Concessionaire for the purpose of conducting the concession operation. Concessionaire agrees to purchase and use only the fuel from the fueling station at the Property for all vehicles used as rental vehicles at the Airport. Failure to purchase fuel from the QTA shall be considered a material default under the terms of this Agreement; unless such fuel in unavailable from the City or if the City provides prior written consent. 2) The cost per gallon (U.S. Gallon) charged to Concessionaire will be based on the City's contract cost per gallon (including all applicable taxes, surcharges, delivery charges, fees and all discounts and volume rebates obtained by City) plus five cents ($0.05) per gallon. 3) City shall make all good faith efforts to obtain an acceptable grade and quality of fuel at the lowest cost available and have an adequate fuel supply available at all times unless the availability of fuel is disrupted due to reasons beyond the reasonable control of the City. 4) City will provide Concessionaire fuel keys in sufficient quantity reasonable to allow Concessionaire to fuel its vehicles without disruption as determined by the Airport Director in consultation with the Concessionaire, which activate both the fuel pumps as well as the entrance and exit gates. City's fuel system will track fuel dispensed with a computerized fuel management system. Any shortages or variations of inventory not directly attributable to the actions of the City will be charged to Concessionaire based on Market Share if the shortage cannot be reconciled. 5) City will invoice Concessionaire monthly for the fuel dispensed at the QTA by Concessionaire into its vehicle inventory, subject to Section G (1) herein.The invoice shall list the total amount of the gallons of fuel pumped by the Concessionaire for the preceding month, applicable taxes and destination charges, the price per gallon, and the $0.05 dispensing fee per gallon due to the City. f) Concessionaire shall pay the invoice on or before the fifteenth (15th) day of the month following, the month for which fuel was provided, pursuant to Article IV(e) of the Original Agreement Failure to pay invoices in a timely manner may result in City denying access to t he f uel system (deactivating Concessionaire's f uel keys), in addition to other remedies provided for in the Original Agreement, until all amounts owed to City are paid in full, though not without notice and opportunity to cure pursuant to Article XIII g. of the Original Agreement. In the event that the Concessionaire desires to pay the invoice by credit card, any costs associated with processing the credit card payment will be added to the invoice and shall be remitted to the City in addition to the payment due. Failure to make payment following notice as called for in the Original Agreement shall constitute a default under the terms of the Original Agreement and the City will have the rights associated with Article XIII of the Original Agreement. 7) A security deposit in the form of a bond, certified check, cashier's check, or other form acceptable to the City equal to two (2) months' average fuel pumped for the previous six (6) months or if six (6) months of data is not available, the two (2) months of the average of the available data will be required prior to the activation of Concessionaire's access to the fuel system. If Concessionaire does not provide a Page 9 of 16 QTA Amendment National 11 -1 -12 reasonable estimate for the purpose of establishing the security deposit requirement, the City will set the security deposit amount required at its sole discretion.City shall draw against such security deposit when Concessionaire does not remedy payment after notice and opportunity to cure set forth above in subsection (6). Concessionaire will be required to restore the security deposit balance to the required amount within five (5) working days of written notice of draw down. 8) City agrees to provide regular grade unleaded fuel to the Property on a timely basis. 9) Concessionaire agrees to use the fueling system and all associated apparatus in accordance with all safety instructions and shall immediately notify Airport personnel in writing, as outlined in the Operations Manual, of any safety or hazardous conditions that may exist. City or its contractor shall provide safety training regarding the fueling facility to Concessionaire prior to date of occupancy of the QTA by Concessionaire. Concessionaire is responsible for and agrees to hold City harmless for Concessionaire's misuse or negligent use or operation of the fueling system and any damages or injuries incurred as a result of such misuse or negligent use. H. Maintenance, Utilities, Security, and Custodial Services for QTA Property 1) Maintenance of Property - Except where maintenance required exceeds that associated with normal wear and tear and is a result of the negligence of Concessionaire, its employees, agents, contractors and invitees, City agrees that during the term of this Agreement it shall keep, maintain and repair the Property, including Concessionaire's Tenant Improvements in its Exclusive Use Area and the cost for performing such services shall be included in the Base Rent as outlined in this Amendment. Concessionaire hereby expressly agrees at all times during the term of this Agreement to make all reasonable efforts to cooperate with City in keeping the Property in a clean, maintained, and in a sanitary condition. City agrees to perform all required maintenance of City's Fuel System. City shall also ensure that monthly leak detection is fully operational and in compliance with all local, state, and federal laws, regulations, and ordinances governing the operation of such Fuel System. Concessionaire shall have no responsibility to remove or permanently close the fuel storage tanks installed by the City. Concessionaire shall have no responsibility for City's maintenance, City's leak detection, or City's operation of the City's Fuel System. Concessionaire shall not be liable to the City or any regulatory agency or agencies having jurisdiction over the operation of City's Fuel System for the violation of any local, state, and federal laws governing the operation of such Fuel System notwithstanding Concessionaire's responsibility as stated in Section H(11) herein. Concessionaire shall not be responsible for the release and clean -up of any Hazardous Substance as defined herein from the Fuel System, except when caused by acts or omissions of Concessionaire. Concessionaire shall not be deemed to be the operator of City's Fuel System, as the term "operator, is defined in any local, state, or federal laws governing the operation of the Fuel System. 2) Utilities- City shall provide standard heat, electricity, and air conditioning in the Exclusive and Co mmon U se Ar eas o n t he Q TA P roperty. P ayment f or t hese services shall be paid by Concessionaire as part of the Base Rent. In cases where Page 10 of 16 QTA Amendment National 11 -1 -12 the City furnishes and delivers natural gas, electricity or water /sewer to the Property, the City does not guarantee the continuity or sufficiency of such supply, but the City will make reasonable efforts within the City's control to ensure such delivery. The City will not be liable for interruptions or shortages or insufficiency of supply or any loss or damage of any kind or character occasioned thereby if the same is caused by accident, act of God, fire, strikes, riots, war, inability to secure a sufficient supply from the utility company furnishing the City, or any other cause. Whenever the City shall find it necessary for the purpose of making repairs or improvements to any utility supply system it shall maintain, following consultation with Concessionaire, it shall have the right to suspend temporarily the delivery of natural gas, electricity or water. However, City agrees to make reasonable efforts to cause minimal disruption when possible. 3) Information Technology and Telephone Services: Concessionaire shall be responsible, at its sole cost, for providing all telephone and data services for its use and for obtaining any necessary permits. Systems installed by one Concessionaire shall not adversely affect other Concessionaires, tenants, or City. 4) Security of Property- City shall coordinate and enforce secured access to the Property for Concessionaire. Concessionaire shall abide by all security directives of the City. J. Customer Facility Charge ( "CFC "): Concessionaire is required to collect and remit to the City within twenty (20) calendar days following the end of the month in which the fee is collected, the total CFCs on all vehicle rental transactions originating at the Airport. City hereby agrees that during the term of this Agreement, CFC revenues collected by Concessionaire and remitted to City shall be used to offset Concessionaire's equal allocation of Base Rent and Market Share Base Rent as called for in this Amendment. If for any reason the CFC's collected, or any portion thereof, are insufficient to cover anticipated expenses identified in this Amendment, then any deficiency in the amounts otherwise owed by Concessionaire to City under this Amendment shall be paid to City by Concessionaire as part of Base Rent as calculated in accordance with this Amendment during the applicable contract year. The City may adjust the amount of the CFC during the Term of this Amendment following consultation with the Concessionaire. K. Delinquency Charge: Concessionaire agrees that in the event payments to the City for any fees and charges are not received by the City on or before the respective due dates, as set forth in this Amendment, Concessionaire shall pay to the City a delinquency charge of one and one half percent (1- 112°/x) of the amount due to City, for each month, calculated daily, that the amount due remains unpaid. However, the City agrees to provide written notice of such delinquency prior to assessing such charge for a first occurrence. Payments due the City shall be received by the City only on normal business days, Monday through Friday, and shall not be considered late if the date due falls on a weekend or legal City holiday provided payment is received on the next business day. A yearly schedule of City holidays shall be provided to Concessionaire upon request. Payment by Concessionaire and acceptance by City of a delinquent charge shall not be construed as a waiver or forfeiture of any other rights or remedies of the City contained elsewhere in this Page 11 of 16 QTA Amendment- National 11 -1 -12 Agreement, or as provided by law. For the purposes of this section, the date payments are received by City shall be the U. S. Postal Service cancellation date on the envelope transmitting the payment, or the date such payment is received by an authorized representative of the City if the payment is hand delivered. In the event of a dispute as to the amount to be paid, the City may accept without prejudice the sum tendered and, if a deficiency is determined, the foregoing delinquency charge shall apply only to such deficiency. The City may waive, for good cause, in its sole discretion, any delinquency charge upon written application of Concessionaire. L. Insurance: With regards to the QTA and any other property described in this Amendment, Concessionaire agrees to obtain and maintain all insurances as described in Exhibit "E" to the Original Agreement and shall name the City as additional insured as its interests appear hereunder for liabilities arising out of the conduct of Concessionaire, its officers, employees or agents for the Commercial General Liability and Business Auto Liability Insurance, with a waiver of subrogation in favor of the City for worker's compensation. Concessionaire shall be responsible to obtain all property insurance to insure Concessionaire's own property. However, the "Environmental Impairment Liability" description in Exhibit E is modified to read as follows: Environmental Impairment Liability to include $1,000,000 per claim Broad Form Pollution Liability Coverage Third Party Clean Up Concessionaire's Environmental Impairment policy coverage applies only to claims, damages, suits, judgments that are due to the negligence or wrongful acts of concessionaire, its officers, employees or agents. Concessionaire's Environmental Impairment policy coverage does not apply to any claims, damages, suits, judgments, clean up that are due to the acts of the City or any third -party contracted by the City to operate the QTA. City shall obtain the following insurance coverage to cover the City's exposures for the QTA: Property insurance for City owned facilities; and Storage Tank Liability to cover only City's liability exposures. M. Condition of the Property: Except as may be expressly provided elsewhere in this Agreement, the taking of possession of the Property by Concessionaire shall in itself constitute acknowledgment that the City shall not be obligated to make any Tenant improvements or modifications thereto. Concessionaire shall not be liable for any pre - existing conditions, latent defects, or damage not caused by Concessionaire. Concessionaire shall have no liability arising out of or in any way relating to the existence of any hazardous materials placed on, in or under the Property by any person or entity other than Concessionaire or any person or entity acting for, by or through Concessionaire or with Concessionaire's permission or acquiescence Page 12 of 16 QTA Amendment National 11 -1 -12 N. Reserved Easements: The City reserves to itself and the right to grant to others in the future nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction) over, under, though, across, or on the Property in locations that will not unreasonably interfere with Concessionaire's use thereof. The City retains all mineral rights on the Airport property. O. Obligations of the City: The City agrees that use of the Property shall be limited to rental car companies with an On- Airport Rental Car Concession and Lease Agreement executed with the City. City reserves the right to retain third parties to operate, repair and maintain the Property, including without limitation, to operate and maintain the fueling system. P. Default: Either party may terminate the use of the QTA for other party's noncompliance of any terms of the Original Agreement or for noncompliance with terms of this Amendment, upon failure to cure after issuance of a thirty (30) days written notice. If this Amendment is terminated for Concessionaire's noncompliance with the terms of this Amendment or for Concessionaire's noncompliance with the terms of the Original Agreement and this Amendment, then the Concessionaire shall be liable to City for payment of remaining equal rent payments for the remainder of the Original Agreement term. City shall invoice and Concessionaire shall remit payment within thirty days for such remaining rental payments. In the event City subleases the Exclusive Use Areas to another concessionaire as a result of any Default termination, City will apply any rent received against the rent obligations of Concessionaire, but in no circumstances, will the amount applied exceed the total rent obligation. Q. Effective Date and Term: 1) The Effective Date of this Amendment is , 20, subject to final City Council approval. Notwithstanding that, Concessionaire may occupy the Property on the date the Certificate of Occupancy is issued by the City Building Official for the Property or upon the Date of Beneficial Occupancy, whichever occurs first. As part of the transition plan, (described in Article IV (q) of the Original Agreement), from the existing Service and Maintenance Facilities ( "Facilities ") to the QTA, if Concessionaire occupies the QTA before the Effective Date, Concessionaire shall continue to pay rents for the existing Facilities under the Original Agreement through the close of business the day before the Effective date. Beginning on the Effective Date, rent and fees shall be paid pursuant to the QTA -based annual budget. As of the close of business the day before the Effective Date, rents for the existing Facilities shall cease. However, notwithstanding the foregoing, Concessionaire shall continue to pay full rent for the existing Facilities until said existing Facilities are completely vacated by Concessionaire. Upon the Effective Date of this Amendment, the Term of the Original Agreement shall be extended for a new base period such that the Term of the Original Agreement and this Amendment are identical and such Term shall be extended for a new base period of five (5) years commencing on the Effective Date and ending on the last day of the fifth (5th) full fiscal year thereafter ( "Base Page 13 of 16 QTA Amendment- National 11 -1 -12 Term "). Upon the Effective Date of this Amendment the use of "Term" and "Base Term" shall apply to the Original Agreement and this Amendment. 2) Renewal Option: Upon the expiration of the Base Term, and upon the mutual agreement of the City Manager or his designee and Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, Concessionaire will have two (2) separate, successive options (each a "Renewal Option ") to extend the term for additional periods of five (5) years (each a `Renewal Term "). The first Renewal Term will commence upon the expiration of the Base Term. Each successive Renewal Term will commence upon the expiration of the previously exercised Renewal Term. The first Renewal Option, upon the mutual agreement of the City Manager or his designee and the numeric majority of all Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the Base Term. Subsequent Renewal Options may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the previously exercised Renewal Term. Each Renewal Term will be upon the same terms and conditions as during the Base Term, except as otherwise provided. 3) Termination: Concessionaire may terminate the Original Agreement and this Amendment upon the expiration of the initial Base Term or any Renewal Term with no further obligations other than what is contained in the Original Agreement and this Amendment. 4) Upon the Effective Date, the Minimum Annual Guarantee ( "MAG ") payments will be recalculated to eighty -five percent(85 %) of ten percent(10 %) of the average of the most i mmediate p rior twelve ( 12) m onths o f Gross R evenues as s uch t erm i s defined in the Original Agreement. At the commencement of each exercised Option period, the MAG for any exercised option periods shall also be recalculated at eighty -five percent (85 %) of ten percent (10 %) of the average of the most immediate prior twelve (12) months Gross Revenues at the commencement of each option period. In the event that extraordinary conditions arise that will significantly impact the operations of Concessionaire, at the discretion of the Airport Director, the City agrees to consult with Concessionaire on the potential for adjustment of the MAG. Concessionaire agrees to comply with any request to provide adequate background information detailing the basis for the request and present the same to the Airport Director for review. Any adjustments will be at the sole discretion of the City. 5) The right granted in the Article VI of the Original Agreement with respect to Concessionaire's use or construction of underground or aboveground storage tanks is explicitly repealed. Concessionaire shall not have right to use or construct any existing underground storage tank or aboveground storage tank following the effective date of this amendment. 6) Concessionaire must vacate the Service and Maintenance Facility Premises allocated under the Original Agreement for service and maintenance facilities at the Airport within two (2) weeks of written notification from the Airport Director. City will remove all improvements from the existing facilities and if remediation is required, Page 14 of 16 QTA Amendment - National 11 -1 -12 the cost of any such remediation shall be the responsibility of the Concessionaire or entity that caused the requirement for remediation. City will consult with Concessionaire as to the scope of remediation services required; however, it is agreed that all remediation will be sufficient to meet or exceed and local, State, and/or Federal requirements. Concessionaire will be notified of the improvement removal process and will be given the opportunity to be present at the removal, testing and remediation upon the Premises. Upon completion of the remediation, any payment due shall be remitted to the City on the fifteenth (15th) of the month following invoice. If there is any property remaining after such date that must be disposed of by the demolition contractor at an additional expense, Concessionaire shall pay all costs for disposal if such property is not removed after ten (10) days' written notice by Airport Director to Concessionaire. 7) Article III Sections k, I, m and Exhibit C, of the Original Agreement are repealed upon effective date of this Amendment. Gasoline dispensed in accordance with the Terms of the Amendment at the Property shall be excluded from Article VI n of the Original Agreement. 8) All other terms and conditions of the previously executed Original Agreement between the parties which are not inconsistent herewith, shall apply to the use of the additional Property, and shall continue in full force and effect. R. Parking Space Sales Tax: Pursuant to Article I11(j) of the Original Agreement, Concessionaire shall pay monthly rent to the City for allocated Parking Spaces. As of the Effective date of this Amendment, Concessionaire shall, in addition to paying rent on said allocated Parking Spaces, also pay the applicable sales tax per month for each parking space allotted to Concessionaire. IN WITNESS WHEREOF,the parties hereto have themselves or through their duly authorized officers executed this Amendment, to be effective upon execution by the City Manager. EXECUTED IN DUPLICATE ORIGINALS this authorized representative of the parties. ATTEST: Armando Chapa City Secretary QTA Amendment National 11 -1 -12 day of , 2012, by the City of Corpus Christi, Texas Ron Olson City Manager Page 15 of 16 CONCESSIONAIRE: EAN Holdings, LLC. a Delaware limited liability company and wholly owned subsidiary of E nterprise Holdings, I nc., do ing business as A lamo R ent A C ar and National Car R 1 By: Name: Bill Gold Title: vice President / General Manager Date: 12/14/2012 STATE OF Texas COUNTY OF Bexar This instrument was acknowledged before me on beee,6190-ir )`} , 2012, by Bill Gold � as Vice President / General Manager of EAN Holdings, LLC, a Delaware company, on behalf of said company. A ........... CANDY MATTF EN MY COMMISSION EXPIRES Muoh 28, 2015 Page 16 of 16 QTA Amendment- National 11 -1 -12 FIRST AMENDMENT TO THE ON- AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND COASTAL BEND RENT -A -CAR, INC. WHEREAS, the City of Corpus Christi and Coastal Bend Rent-A-Car, Inc., a Texas corporation, doing business as Avis Rent -A -Car, a company operating under the laws of the State of Texas ( "Concessionaire ") previously executed an On- Airport Rental Car Concession and Lease Agreement dated November 1, 2009 ( "Original Agreement "); WHEREAS, the City is in the process of constructing a new consolidated service facility and fueling facility, referred to as the Quick Turn Around Facility ( "QTA ") to be used for fueling, cleaning, minor maintenance, staging, and storing of the rental car fleet; WHEREAS, the parties hereto desire to amend the Original Agreement to incorporate the use of the new QTA; NOW, THEREFORE, the parties agree as follows to amend the Original Agreement by adding new Article XXVIII ( "Amendment ") as follows: Article XXVIII Quick Turnaround f=acility A. Definitions: The following terms, when used in this Article XXVIII with the initial letter(s) capitalized, whether in the singular or the plural, shall have the following meaning. Capitalized terms not defined below shall have the meaning as set forth in the Original Agreement: "Airport ": Corpus Christi International Airport "Airport QTA Fund ": Fund designated by the Airport for CFCs collected by Concessionaire and paid to the Airport. "Amendment ": This First Amendment to the On- Airport Rental Car Concession and Lease Agreement that adds a new Article XXVII I. "Base Rent" or" Rent ": An amount net of CFCs required to offset the QTA costs as identified in Sections C and D below. "CFC" or "CFCs ": The Customer Facility Charge, as determined from time to time by the City as related to the QTA and required to be collected by the Concessionaire and the Other Concessionaires for all transactions conducted at the Airport. "CitL The City of Corpus Christi, Texas. Page 1 of 16 QTA Amendment- Avis 11 -1 -12 "Common Use Areas) ": All facilities and land contained in the QTA that are available for use by Concessionaire and the Other Concessionaires for their common use as identified in Exhibit A and Exhibit C attached hereto. "Concessionaire ": Any individual or business entity that has an existing lease or concession agreement with the Airport for the purpose of renting vehicles to Customers who originate from Airport property, as stated in Corpus Christi City Ordinance No. 028575. "Date of Beneficial Occupancy'- Following issuance of a Certificate of Occupancy, the date upon which the tenant substantially occupies the premises and conducts the primary activities associated with the operation of the concession. "Director" or "Airport Director": The Director of Aviation employed by the City or his or her designee. "Exclusive Use Areas) ": All facilities available and leased only to Concessionaire and no other for Concessionaire's exclusive use as identified in Exhibit B attached hereto. "Fuel System": Shall include all the fuel storage tank(s), product piping, vent piping, fuel dispensers, nozzles, hoses, Stage I and 11 vapor recovery equipment, if applicable, under dispenser containment sump, turbine sump, fill port, spill buckets, and all leak detection devices. "Improvements ": Buildings, landscaping and all other permanent improvements constructed or modified from time to time at the premises. "Heavy Vehicle Maintenance ": Any type of body work or work performed on the vehicle drivetrain, and anything beyond permissible minor maintenance.- "Land Rent ": Land Rent shall be that amount set by the City as rent for the land occupied under this Amendment which will be based on an appraisal by a Registered Third Party Appraiser based on comparable facilities to be updated every five (5) years beginning in April, 2016. "Market Share or Market Share Percentage": The amount, expressed as a percentage, equal to the quotient of (i) Concessionaire's on- Airport Gross Revenues as defined in Article IV, Section (i) of the Original Agreement during the immediately preceding twelve (12) months' period, divided by (ii) the sum of the on Airport Gross Revenues of Concessionaire and the Other Concessionaires during such twelve (12) months' period. "Operations Manual ": The manual that will be developed by the City and Concessionaires upon occupancy of the QTA that defines the daily operating procedures for conducting operations at the QTA, the use of Common Use facilities, security and safety procedures that will be enacted, and conflict resolution processes. The Operations Manual is subject to amendment and change. The most current master version will be kept in the office of the Director. "Ordinance ": Corpus Christi Ordinance No. 028575, Amending the Code of Ordinances, Chapter 9, "Aviation," by Creating New Section 9 -68, Entitled "Car Rental Customer Facility Charge," passed by the Corpus Christi City Council on April 20, 2010. Page 2 of 16 QTA Amendment- Avis 11 -1 -12 "Original Agreement": The previously executed On- Airport Rental Car Concession and Lease Agreement by and between the City and Concessionaire dated November 1, 2009. "Other Concessionaires ": All on- Airport rental car Concessionaires that are parties to an Original Agreement with the City, other than Concessionaire, and any Replacement Rental Car Company (as defined below). "QTA" or "Property ": Means the City -owned Quick Turn Around Facility Area as depicted on the attached Exhibit A, Exhibit B, and Exhibit C attached hereto. "Replacement Rental Car Company"- A rental car company who has executed an Original Agreement sublease or assignment agreement, approved in writing by the Director, to replace Concessionaire or an Other Concessionaire that defaulted under a lease with the City under terms similar to the Original Agreement. "Tenant Improvements ": Any improvements, furniture, trade fixtures or equipment construct or placed upon the Property by Concessionaire, Other Concessionaire, or Replacement Rental Car Company or the City. "Vehicle Stacking Spaces ": Those Common Use Areas as depicted on Exhibit A, also referred to herein as queuing lanes, for use in common by Concessionaire for parking its vehicles for use as rentals at the Airport in the QTA. The Spaces will be subject to adjustment as called for in this Amendment. "Vehicle Storage Spaces":, Those Common Use Areas as depicted on Exhibit A, for use in common by Concessionaire for storing its vehicles for use at the QTA. The spaces will be subject to adjustment as called for in this Amendment. B. Additional Premises The City does lease to Concessionaire, and Concessionaire does lease from the City, the additional property at the QTA as depicted on Exhibit A, Exhibit B, and Exhibit C, for Concessionaire's Exclusive Use and Common Use Areas. An Operations Manual will be on file in the Director's office and may be amended from time to time that will define the operating procedures that will be in place for use of the Additional Premises. 1) The Common Use Areas shown on Exhibit A and Exhibit C as allocated according to Section E below; shall include the following: a. Lanes for queuing Concessionaire's rental car fleet at the QTA for: i. Fueling ii. Cleaning of vehicles iii. 12 fuel dispensing bays iv. 3 car wash bays b. Employee parking spaces C. In- fleeting and out - fleeting parking lanes d. Short term vehicle storage Page 3 of 16 QTA Amendment- Avis 11 -1 -12 e. Fuel farm serving QTA 2) The Exclusive Use areas shown on Exhibit B include the following: a. Eight hundred fifty (850) square feet of office space for each Concessionaire's exclusive administrative office purposes; b. Seven hundred seventy five (775) square feet for maintenance bay for each Concessionaire's exclusive use. C. Base Rent: 1) Concessionaire shall have Exclusive Use and Common Use of the portions of the Property as depicted in attached Exhibits A, B, and C for Concessionaire's purposes and subject to reallocation as provided in Section E below. 2) Base Rent of the Exclusive Use and Common Use Areas as depicted in Exhibits A, B, and C attached shall be calculated on an annual basis. The Base Rent requirement shall be the sum of the following expenses, all of which are eligible: a. All costs of construction whether funded with cash or any borrowing instrument b. Debt service coverage requirement G. Land rent d. Major maintenance costs e. Repair and replacement account funding f. City provided insurance related to the QTA g. Utility costs associated with the QTA h. Direct labor costs for maintenance and operation of the QTA i. Operating and maintenance costs associated with operating the QTA j. Administrative costs associated with the management of the QTA k. All permits and licenses directly related to the QTA 1. Landscaping on land leased as part of the QTA m. Bad debt from vendor or concessionaire related to the QTA n. Other reasonable costs incurred by the City relating to operation of the QTA o. A deficit of prior year(s)' CFC collections applied toward Base Rent CFCs collected shall first be applied to offset the expenses in the priority identified above. The expenses listed above authorized by the Ordinance, incorporated herein by reference, apply only to Concessionaire's operations at the QTA and not to Concessionaire's operations at any other location at or outside of the Airport. In the event the total CFCs collected are available to fully offset the expenses in any budget year, then no Base Rent will be due. If the total CFCs collected are not sufficient to offset the expenses as identified above, Base Rent will be established for any deficit in the total amount required. Base Rent will be charged based on the following formula: Fifty percent (50 %) will be divided equally among the Concessionaires based on their share of Exclusive Use Area. Payment for the portion of Base Rent Page 4 of 16 QTA Amendment- Avis 11 -1 -12 charged based on equal allocation among Concessionaires is due and payable on the first day of the month for which rent is due. Following the completion of the contract year and the final audit by the City, the City will recalculate the requirement for each Concessionaire against the actual Base Rent and CFCs received and if any shortfall payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15th) of the month following invoicing. If the Base Rent payment, less CFCs, paid to the City during the year exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due by the fifteenth (15t) of the month, subject to the process defined in Section 3 of Exhibit °D" to the Original Agreement. 2. Fifty percent (50 %) will be based on Market Share of Concessionaires. Payment for the portion of The Base Rent based on Market Share that will be effective for that contract year will be projected at the beginning of the contract year based on Market Share and payment will be due and payable for this portion of the Base Rent on the first day of the month for which rent is due. Following the completion of the contract year and the final audit by the City, the City will recalculate the Market Share Base Rent requirement based on actual payments and CFCs collected and remitted. If any payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15th) of the month following invoice. If the estimated Base Rent, less CFCs, payment paid exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due on the fifteenth (15th) of the month, subject to the process defined in Section 3 of Exhibit "D" to the Original Agreement. Notwithstanding the foregoing, to whatever extent possible, if the total CFCs collected are not sufficient to offset the Base Rent expenses set out above, such shortfall will be calculated at the end of the fiscal year and will be rolled over to the next fiscal year so that, to the extent possible and at the discretion of the Airport Director, Concessionaire will not be required to submit payment to the City for such shortfall but, instead, may overcome such shortfall with a future surplus of CFCs collected. Repairs required as a result of direct damage by Concessionaire employees, agents, designees, or contractors, normal wear and tear excepted, will be charged back to the responsible Concessionaire. A minimum of sixty (60) days prior to the commencement of occupancy and for all subsequent fiscal years, the City shall prepare an expense budget identifying the expenses in the same manner as identified above and a projection of the CFC revenues anticipated to be collected and shall submit such expense budget to the Concessionaire for review and comment. Following consultation with Concessionaire, the City will establish the Base Rent that will be effective for that fiscal year and may adjust the amount of any CFC during the term of the Agreement to cover expenses and to avoid any contingent Base Rent. The Ordinance states in pertinent part: "Section 9- 68.03: Customer Facility Charge Page 5 of 16 QTA Amendment- Avis 11 -1 -12 (B) The CFCs must be used to pay, or reimburse the Airport, for the costs associated with the design, acquisition, planning, development, construction, operation, maintenance, repair, equipment, and replacement of facilities and related improvements made use of in or connected to the business of renting cars at the Airport. Any or all of the CFCs collected may be pledged to the punctual payment of debt service on obligations (and any other pecuniary obligation) issued by or on behalf of the City for the benefit of the Airport for the cost of the car rental portion of facilities, parking lots, buildings, and other improvements, and to create and maintain reasonable operating and maintenance reserves as well as capital asset repair and replacement reserves, Eligible costs for the car rental facilities and related improvements include all costs, fees, and expenses associated with the design, acquisition, planning, development, construction, equipping, operation and maintenance, capital repair and replacement, and site improvement. Nothing herein shall be construed to make fees, costs, or expenses incurred in tenant improvements for space exclusively used by a Car Rental Company ineligible. "Equipping" for the purposes of this section is limited to providing necessary equipment within the common use areas and car maintenance bays of the car rental facilities. "Operation and maintenance" for the purposes of this section does not include fees, costs, or expenses incurred for or associated with consumables, such as paper supplies, oils and lubricants, or other products used in the business of the car rental facilities." "Section 9- 68.45: Collections. (A) All CFCs collected by all Car Rental Companies are and shall be funds held by the Car Rental Companies in trust for the City for the benefit of the Airport and recognizing the third party beneficiary status of any holders of any debt obligations issued by the City for the benefit of the Airport. Car Rental Companies and their agents hold only a possessory interest in the CFCs and no equitable interest. All Car Rental Companies shall segregate, separately account for, and disclose all CFCs as trust funds in their financial statements and shall maintain adequate records that account for all CFCs charged and collected. Failure by a Car Rental Company to segregate the CFCs shall not alter or eliminate their trust fund nature. The Airport shall have the right to audit the CFC records of a Car Rental Company upon reasonable notice. (B) All Car Rental Companies shall remit all CFC funds that were collected or should have been collected from its Airport car rental customers on a monthly basis to the Airport. The CFCs shall be remitted on the 201h day of the month following the month the CFCs were collected. Failure of a Car Rental Company to strictly comply with this subparagraph shall be considered a material breach of the Car Rental Company's authorization to do business at the Airport." "Section 9- 68.06. Annual Rate Adjustments. (A) Each April, the Airport Director shall recalculate the Customer Facility Charge to be effective June 5 of the same year to recover the amount equivalent to the remaining portion of the amount pledged by the City to the Page 6 of 16 QTA Amendment- Avis 11 -1 -12 payment of debt service on obligations (or any pecuniary obligation related thereto) issued by or on behalf of the City for the benefit of the Airport. The Airport Director shall consider any written comments of the Car Rental Companies regarding the adjustment, but the Airport Director, with the concurrence of the Director of Financial Services, has the sole and final determination of the amount. (B) Notwithstanding anything herein to the contrary, the Customer Facility Charge shall not be less than $3.50 per Customer per Transaction Day." Following the completion of the year -end audit, in the event that CFC collections exceed the projected Base Rent requirement plus any projected major maintenance or projected capital investment requirements, the City will reimburse Concessionaire from the Airport QTA Fund for any Base Rent, as detailed in Section C(2) herein, actually paid by Concessionaire in prior year(s), in the form of a check to be paid by the twentieth (20") day of the following month, during the term of this Amendment, so that Concessionaire is made whole as to their costs that the Ordinance authorizes to be paid by CFCs. D. Allocation and Reallocation of numbered queuing lanes as shown on Exhibit A: 1) Concessionaire numbered queuing lanes will be allocated on an annual basis effective August 1 of each year of the Agreement according to the respective Market Share Percentages for the previous twelve (12) month period. Allocation of rows will be made in full row allocation only. A single row will not be allocated to more than one Concessionaire. In order to achieve an additional row upon annual re- allocation, a Concessionaire must have a market share percentage that commands 60% or more of a full row. 2) The Airport Director, in consultation with Concessionaire, shall annually determine the allocation of each Concessionaire's numbered queuing lanes , based on the previous twelve (12) month period market share and in keeping with full row allocation as detailed in E(1) above. The Airport Director's determination shall be final and binding, provided, however, that if the Airport Director determines that a Concessionaire's allocation is to increase, that Concessionaire may decline the reallocation and maintain their existing allocation. If a Concessionaire declines an increased allocation, it will be at the discretion of the Director to reallocate to the other Concessionaires based on the other Concessionaires' requests, but under no circumstance will there be less than a 100% allocation of all available numbered queuing lanes. Concessionaire will be provided an updated Exhibit A each year of this Amendment that will show the annual allocation by Concessionaire. E. Exhibits: If the Property is reallocated by the City, the Exhibits to this Agreement that are affected by such reallocation shall be superseded by replacement Exhibits provided by the City. F. Required and Permitted Uses: 1) The Property shall be used by Concessionaire only for the fueling, vehicle stacking, vehicle storing, washing, cleaning, detailing, and minor maintenance of Concessionaire's vehicle inventory used in connection with its Original Agreement Page 7 of 16 QTA Amendment- Avis 11 -1 -12 at the Airport, and uses incidental and reasonably related thereto. Notwithstanding the foregoing requirement, Concessionaire may use the Property for the fueling and washing of Concessionaire's vehicle inventory not rented at the Airport facility only to the extent that such fueling and /or washing does not cause undue inconvenience or maintenance costs to the other Concessionaires or the Airport. Upon complaint by the Airport or a Concessionaire of such undue inconvenience or maintenance costs, the Airport Director has sole discretion to allow or disallow fueling and/or washing of Concessionaire's vehicle inventory not rented at the Airport facility. Examples of permissible minor maintenance include services such as oil changes, tire replacement, brake maintenance, windshield repair, and vehicle fluid replacement. Any other maintenance beyond this general description performed at the QTA is not permitted except as expressly authorized in this Agreement or in writing by the Airport Director. The Airport Director will have sole discretion to authorize maintenance other than what is identified in this Agreement and will take into consideration the impact of any such requests on the Concessionaire considering environmental liability, public perception, and overall airport operations. If the Airport Director authorizes maintenance other than what is identified in this Agreement for one Concessionaire, the Airport Director will authorize such maintenance in writing to all Concessionaires. 2) The Property shall not be used for any other purpose, and specifically shall not be used for Heavy Vehicle Maintenance, storage of any vehicles used in conjunction with any off - Airport rental car concession, storage of out -of- service and damaged vehicles for longer than twenty one (21) calendar days, and sales of new or used vehicles, or auctions or liquidation sales. The Airport Director, in his/her sole discretion, may allow occasional extended storage period for damaged vehicles, when the Airport Director agrees such extension is necessary due to extenuating circumstances identified by Concessionaire. 3) If any governmental license or permit, other than a certificate of occupancy, shall be required for the proper and lawful conduct of Concessionaire's business on the Airport, Concessionaire shall procure and maintain such license or permit, at its sole cost and expense, and shall submit the same, upon request, for inspection by the City. Concessionaire shall at all times comply with terms and conditions of each such license or permit. However, City shall be responsible to comply with all regulations, laws, and ordinances and shall obtain all necessary licenses and permits required to operate the QTA, including the fueling facility and wash bays, and City shall be responsible for compliance with all applicable regulations regarding reporting requirements for the QTA, including the fueling facility. 4) Compliance with Laws: Concessionaire shall not use or permit the Property, or any part thereof, to be used in whole or in part for any purpose other than as set forth above, nor for any use, operation or activity in violation of any present or future laws, ordinances, general rules or regulations at any time applicable thereto of any public or governmental authority. In the event that compliance reporting is required. Concessionaire agrees to make all reasonable efforts to cooperate with the City in providing any required information. G. Fueling Facilities and Charges: Page 8 of 16 QTA Amendment- Avis 11 -1 -12 1) City agrees to purchase and have delivered to the Property the required fuel to be utilized by the Concessionaire for the purpose of conducting the concession operation. Concessionaire agrees to purchase and use only the fuel from the fueling station at the Property for all vehicles used as rental vehicles at the Airport. Failure to purchase fuel from the QTA shall be considered a material default under the terms of this Agreement; unless such fuel in unavailable from the City or if the City provides prior written consent. 2) The cost per gallon (U.S. Gallon) charged to Concessionaire will be based on the City's contract cost per gallon (including all applicable taxes, surcharges, delivery charges, fees and all discounts and volume rebates obtained by City) plus five cents ($0.05) per gallon. 3) City shall make all good faith efforts to obtain an acceptable grade and quality of fuel at the lowest cost available and have an adequate fuel supply available at all times unless the availability of fuel is disrupted due to reasons beyond the reasonable control of the City. 4) City will provide Concessionaire fuel keys in sufficient quantity reasonable to allow Concessionaire to fuel its vehicles without disruption as determined by the Airport Director in consultation with the Concessionaire, which activate both the fuel pumps as well as the entrance and exit gates. City's fuel system will track fuel dispensed with a computerized fuel management system. Any shortages or variations of inventory not directly attributable to the actions of the City will be charged to Concessionaire based on Market Share if the shortage cannot be reconciled. 5) City will invoice Concessionaire monthly for the fuel dispensed at the QTA by Concessionaire into its vehicle inventory, subject to Section G (1) herein. The invoice shall list the total amount of the gallons of fuel pumped by the Concessionaire for the preceding month, applicable taxes and destination charges, the price per gallon, and the $4.05 dispensing fee per gallon due to the City. 6) Concessionaire shall pay the invoice on or before the fifteenth (15th) day of the month following, the month for which fuel was provided, pursuant to Article IV(e) of the Original Agreement Failure to pay invoices in a timely manner may result in City denying access to the fuel system (deactivating Concessionaire's fuel keys), in addition to other remedies provided for in the Original Agreement, until all amounts owed to City are paid in full, though not without notice and opportunity to cure pursuant to Article XIII g. of the Original Agreement. In the event that the Concessionaire desires to pay the invoice by credit card, any costs associated with processing the credit card payment will be added to the invoice and shall be remitted to the City in addition to the payment due. Failure to make payment following notice as called for in the Original Agreement shall constitute a default under the terms of the Original Agreement and the City will have the rights associated with Article XIII of the Original Agreement. 7) A security deposit in the form of a bond, certified check, cashier's check, or other form acceptable to the City equal to two (2) months' average fuel pumped for the previous six (6) months or if six (6) months of data is not available, the two (2) months of the average of the available data will be required prior to the activation of Concessionaire's access to the fuel system. If Concessionaire does not provide a Page 9 of lfi QTA Amendment- Avis 11 -1 -12 reasonable estimate for the purpose of establishing the security deposit requirement, the City will set the security deposit amount required at its sole discretion. City shall draw against such security deposit when Concessionaire does not remedy payment after notice and opportunity to cure set forth above in subsection (6). Concessionaire will be required to restore the security deposit balance to the required amount within five (5) working days of written notice of draw down. 8) City agrees to provide regular grade unleaded fuel to the Property on a timely basis 9) Concessionaire agrees to use the fueling system and all associated apparatus in accordance with all safety instructions and shall immediately notify Airport personnel in writing, as outlined in the Operations Manual, of any safety or hazardous conditions that may exist. City or its contractor shall provide safety training regarding the fueling facility to Concessionaire prior to date of occupancy of the QTA by Concessionaire. Concessionaire is responsible for and agrees to hold City harmless for Concessionaire's misuse or negligent use or operation of the fueling system and any damages or injuries incurred as a result of such misuse or negligent use. H. Maintenance, Utilities, Security, and Custodial! Services for QTA Property 1) Maintenance of Property - Except where maintenance required exceeds that associated with normal wear and tear and is a result of the negligence of Concessionaire, its employees, agents, contractors and invitees, City agrees that during the term of this Agreement it shall keep, maintain and repair the Property, including Concessionaire's Tenant Improvements in its Exclusive Use Area and the cost for performing such services shall be included in the Base Rent as outlined in this Amendment. Concessionaire hereby expressly agrees at all times during the term of this Agreement to make all reasonable efforts to cooperate with City in keeping the Property in a clean, maintained, and in a sanitary condition, City agrees to perform all required maintenance of City's Fuel System. City shall also ensure that monthly leak detection is fully operational and in compliance with all local, state, and federal laws, regulations, and ordinances governing the operation of such Fuel System. Concessionaire shall have no responsibility to remove or permanently close the fuel storage tanks installed by the City. Concessionaire shall have no responsibility for City's maintenance, City's leak detection, or City's operation of the City's Fuel System. Concessionaire shall not be Gable to the City or any regulatory agency or agencies having jurisdiction over the operation of City's Fuel System for the violation of any local, state, and federal laws governing the operation of such Fuel System notwithstanding Concessionaire's responsibility as stated in Section H (11) herein. Concessionaire shall not be responsible for the release and clean -up of any Hazardous Substance as defined herein from the Fuel System, except when caused by acts or omissions of Concessionaire. Concessionaire shall not be deemed to be the operator of City's Fuel System, as the term "operator' is defined in any local, state, or federal laws governing the operation of the Fuel System. 2) Utilities - City shall provide standard heat, electricity, and air conditioning in the Exclusive and Common Use Areas on the QTA Property. Payment for these services shall be paid by Concessionaire as part of the Base Rent. In cases where Page 10 of 16 QTA Amendment- Avis 11 -1 -12 the City furnishes and delivers natural gas, electricity or water /sewer to the Property, the City does not guarantee the continuity or sufficiency of such supply, but the City will make reasonable efforts within the City's control to ensure such delivery. The City will not be liable for interruptions or shortages or insufficiency of supply or any loss or damage of any kind or character occasioned thereby if the same is caused by accident, act of God, fire, strikes, riots, war, inability to secure a sufficient supply from the utility company furnishing the City, or any other cause. Whenever the City shall find it necessary for the purpose of making repairs or improvements to any utility supply system it shall maintain, following consultation with Concessionaire, it shall have the right to suspend temporarily the delivery of natural gas, electricity or water. However, City agrees to make reasonable efforts to cause minimal disruption when possible. 3) Information Technology and Telephone Services: Concessionaire shall be responsible, at its sole cost, for providing all telephone and data services for its use and for obtaining any necessary permits. Systems installed by one Concessionaire shall not adversely affect other Concessionaires, tenants, or City. 4) Security of Property - City shall coordinate and enforce secured access to the Property for Concessionaire. Concessionaire shall abide by all security directives of the City. J. Customer Facility Charge ( "CFC"): Concessionaire is required to collect and remit to the City within twenty (20) calendar days following the end of the month in which the fee is collected, the total CFCs on all vehicle rental transactions originating at the Airport. City hereby agrees that during the term of this Agreement, CFC revenues collected by Concessionaire and remitted to City shall be used to offset Concessionaire's equal allocation of Base Rent and Market Share Base Rent as called for in this Amendment. If for any reason the CFC's collected, or any portion thereof, are insufficient to cover anticipated expenses identified in this Amendment, then any deficiency in the amounts otherwise owed by Concessionaire to City under this Amendment shall be paid to City by Concessionaire as part of Base Rent as calculated in accordance with this Amendment during the applicable contract year. The City may adjust the amount of the CFC during the Term of this Amendment following consultation with the Concessionaire. K. Delinquency Charge: Concessionaire agrees that in the event payments to the City for any fees and charges are not received by the City on or before the respective due dates, as set forth in this Amendment, Concessionaire shall pay to the City a delinquency charge of one and one half percent (1 -112 %) of the amount due to City, for each month, calculated daily, that the amount due remains unpaid, However, the City agrees to provide written notice of such delinquency prior to assessing such charge for a first occurrence. Payments due the City shall be received by the City only on normal business days, Monday through Friday, and shall not be considered late if the date due falls on a weekend or legal City holiday provided payment is received on the next business day. A yearly schedule of City holidays shall be provided to Concessionaire upon request. Payment by Concessionaire and acceptance by City of a delinquent charge shall not be construed as a waiver or forfeiture of any other rights or remedies of the City contained elsewhere in this Page 11 of 16 QTA Amendment- Avis 11 -1 -12 Agreement, or as provided by law. For the purposes of this section, the date payments are received by City shall be the U. S. Postal Service cancellation date on the envelope transmitting the payment, or the date such payment is received by an authorized representative of the City if the payment is hand delivered. In the event of a dispute as to the amount to be paid, the City may accept without prejudice the sum tendered and, if a deficiency is determined, the foregoing delinquency charge shall apply only to such deficiency. The City may waive, for good cause, in its sole discretion, any delinquency charge upon written application of Concessionaire. L. Insurance: With regards to the QTA and any other property described in this Amendment, Concessionaire agrees to obtain and maintain all insurances as described in Exhibit "E" to the Original Agreement and shall name the City as additional insured as its interests appear hereunder for liabilities arising out of the conduct of Concessionaire, its officers, employees or agents for the Commercial General Liability and Business Auto Liability Insurance, with a waiver of subrogation in favor of the City for worker's compensation. Concessionaire shall be responsible to obtain all property insurance to insure Concessionaire's own property. However, the "Environmental Impairment Liability" description in Exhibit E is modified to read as follows: Environmental Impairment Liability to include $1,000,000 per claim Broad Form Pollution Liability Coverage Third Party Clean Up Concessionaire's Environmental Impairment policy coverage applies only to claims, damages, suits, judgments that are due to the negligence or wrongful acts of concessionaire, its officers, employees or agents. Concessionaire's Environmental Impairment policy coverage does not apply to any claims, damages, suits, judgments, clean up that are due to the acts of the City or any third -party contracted by the City to operate the QTA. City shall obtain the following insurance coverage to cover the City's exposures for the QTA: Property insurance for City owned facilities; and Storage Tank Liability to cover only City's liability exposures. M. Condition of the Property: Except as may be expressly provided elsewhere in this Agreement, the taking of possession of the Property by Concessionaire shall in itself constitute acknowledgment that the City shall not be obligated to make any Tenant improvements or modifications thereto. Concessionaire shall not be liable for any pre- existing conditions, latent defects, or damage not caused by Concessionaire. Concessionaire shall have no liability arising out of or in any way relating to the existence of any hazardous materials placed on, in or under the Property by any person or entity other than Concessionaire or any person or entity acting for, by or through Concessionaire or with Concessionaire's permission or acquiescence Page 12 of 16 QTA Amendment- Avis 11 -1 -12 N. Reserved Easements: The City reserves to itself and the right to grant to others in the future nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction) over, under, though, across, or on the Property in locations that will not unreasonably interfere with Concessionaire's use thereof. The City retains all mineral rights on the Airport property. O. Obligations of the City: The City agrees that use of the Property shall be limited to rental car companies with an On- Airport Rental Car Concession and Lease Agreement executed with the City. City reserves the right to retain third parties to operate, repair and maintain the Property, including without limitation, to operate and maintain the fueling system. P. Default: Either party may terminate the use of the QTA for other party's noncompliance of any terms of the Original Agreement or for noncompliance with terms of this Amendment, upon failure to cure after issuance of a thirty (30) days written notice. If this Amendment is terminated for Concessionaire's noncompliance with the terms of this Amendment or for Concessionaire's noncompliance with the terms of the Original Agreement and this Amendment, then the Concessionaire shall be liable to City for payment of remaining equal rent payments for the remainder of the Original Agreement term. City shall invoice and Concessionaire shall remit payment within thirty days for such remaining rental payments. In the event City subleases the Exclusive Use Areas to another concessionaire as a result of any Default termination, City will apply any rent received against the rent obligations of Concessionaire, but in no circumstances, will the amount applied exceed the total rent obligation. Q. Effective Date and Term: 1) The Effective Date of this Amendment is , 20—, subject to final City Council approval. Notwithstanding that, Concessionaire may occupy the Property on the date the Certificate of Occupancy is issued by the City Building Official for the Property or upon the Date of Beneficial Occupancy, whichever occurs first. As part of the transition plan, (described in Article IV (q) of the Original Agreement), from the existing Service and Maintenance Facilities ( "Facilities") to the QTA, if Concessionaire occupies the QTA before the Effective Date, Concessionaire shall continue to pay rents for the existing Facilities under the Original Agreement through the close of business the day before the Effective date. Beginning on the Effective Date, rent and fees shall be paid pursuant to the QTA -based annual budget. As of the close of business the day before the Effective Date, rents for the existing Facilities shall cease. However, notwithstanding the foregoing, Concessionaire shall continue to pay full rent for the existing Facilities until said existing Facilities are completely vacated by Concessionaire. Upon the Effective Date of this Amendment, the Term of the Original Agreement shall be extended for a new base period such that the Term of the Original Agreement and this Amendment are identical and such Term shall be extended for a new base period of five (5) years commencing on the Effective Date and ending on the last day of the fifth (5f") full fiscal year thereafter ( "Base Page 13af16 QTA Amendment - Avis 11 -1 -12 Term "). Upon the Effective Date of this Amendment the use of "Term" and "Base Term" shall apply to the Original Agreement and this Amendment. 2) Renewal Option: Upon the expiration of the Base Term, and upon the mutual agreement of the City Manager or his designee and Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, Concessionaire will have two (2) separate, successive options (each a "Renewal Option ") to extend the term for additional periods of five (5) years (each a "Renewal Term "). The first Renewal Term will commence upon the expiration of the Base Term. Each successive Renewal Term will commence upon the expiration of the previously exercised Renewal Term. The first Renewal Option, upon the mutual agreement of the City Manager or his designee and the numeric majority of all Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the Base Term. Subsequent Renewal Options may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the previously exercised Renewal Term. Each Renewal Term will be upon the same terms and conditions as during the Base Term, except as otherwise provided. 3) Termination: Concessionaire may terminate the Original Agreement and this Amendment upon the expiration of the initial Base Term or any Renewal Term with no further obligations other than what is contained in the Original Agreement and this Amendment. 4) Upon the Effective Date, the Minimum Annual Guarantee ( "MAG ") payments will be recalculated to eighty -five percent(85 %) of ten percent(10 %) of the average of the most immediate prior twelve (12) months of Gross Revenues as such term is defined in the Original Agreement. At the commencement of each exercised Option period, the MAG for any exercised option periods shall also be recalculated at eighty -five percent (85 %) of ten percent (10 %) of the average of the most immediate prior twelve (12) months Gross Revenues at the commencement of each option period. In the event that extraordinary conditions arise that will significantly impact the operations of Concessionaire, at the discretion of the Airport Director, the City agrees to consult with Concessionaire on the potential for adjustment of the MAG. Concessionaire agrees to comply with any request to provide adequate background information detailing the basis for the request and present the same to the Airport Director for review. Any adjustments will be at the sole discretion of the City. 5) The right granted in the Article VI of the Original Agreement with respect to Concessionaire's use or construction of underground or aboveground storage tanks is explicitly repealed. Concessionaire shall not have right to use or construct any existing underground storage tank or aboveground storage tank following the effective date of this amendment. 6) Concessionaire must vacate the Service and Maintenance Facility Premises allocated under the Original Agreement for service and maintenance facilities at the Airport within two (2) weeks of written notification from the Airport Director. City will remove all improvements from the existing facilities and if remediation is required, Page 14 of 16 QTA Amendment- Avis 11 -1 -12 the cost of any such remediation shall be the responsibility of the Concessionaire or entity that caused the requirement for remediation. City will consult with Concessionaire as to the scope of remediation services required; however, it is agreed that all remediation will be sufficient to meet or exceed and local, State, and/or Federal requirements. Concessionaire will be notified of the improvement removal process and will be given the opportunity to be present at the removal, testing and remediation upon the Premises. Upon completion of the remediation, any payment due shall be remitted to the City on the fifteenth (15th) of the month following invoice. If there is any property remaining after such date that must be disposed of by the demolition contractor at an additional expense, Concessionaire shall pay all costs for disposal if such property is not removed after ten (10) days` written notice by Airport Director to Concessionaire. 7) Article ill Sections k, 1, m and Exhibit C, of the Original Agreement are repealed upon effective date of this Amendment. Gasoline dispensed in accordance with the Terms of the Amendment at the Property shall be excluded from Article VI n of the Original Agreement. 8) All other terms and conditions of the previously executed Original Agreement between the parties which are not inconsistent herewith, shall apply to the use of the additional Property, and shall continue in full force and effect. R. Parking Space Sales Tax: Pursuant to Article III() of the Original Agreement, Concessionaire shall pay monthly rent to the City for allocated Parking Spaces. As of the Effective date of this Amendment, Concessionaire shall, in addition to paying rent on said allocated Parking Spaces, also pay the applicable sales tax per month for each parking space allotted to Concessionaire. IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Amendment, to be effective upon execution by the City Manager. EXECUTED IN DUPLICATE ORIGINALS this day of , 2012, by the authorized representative of the parties. ATTEST: Armando Chapa City Secretary QTA Amendment- Avis 11 -1 -12 City of Corpus Christi, Texas Ron Olson City Manager Page 15 of 16 CONCESSIONALME, � C stal Bend Rent -A -Car, Inc., a Texas corporation, doing business as Avis Re By: Name: _ G. /� Orf; 1' 4 0 �Tr_ Title: �/��sideyi 7` Date: /R • STATE OF TEXAS COUNTY OF Mlfc- es This instrument was acknowledged before me on Pe , 2012, by / . . mori Aso - �_ P , as re,si�P� 7`` , of Coastal Bend Rent -A -Car, Inc., a Texas corporation, on behalf of said corporation. Notary Public ;.otipnr`r'oa�n� VICTORIA L. PANNONE Notary Public, State of Texas - - My Commission Expires Juno 14, 2013 Page 15 of 16 QTA Amendment- Avis 11 -I -12 FIRST AMENDMENT TO THE ON- AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DTG OPERATIONS, INC. WHEREAS, the City of Corpus Christi and DTG Operations, Inc., an Oklahoma corporation, doing business as Dollar Rent -A -Car and as Thrifty Car Rental, a corporation operating under the laws of the State of Texas ( "Concessionaire ") previously executed an On- Airport RentalCar Concession and Lease Agreement dated November 1, 2009 ( "Original Agreement "); WHEREAS, the City is in the process of constructing a new consolidated service facility and fueling facility, referred to as the Quick Turn Around Facility ( "QTA ") to be used for fueling, cleaning, minor maintenance; staging, and storing of the rental car fleet; WHEREAS, the parties hereto desire to amend the Original Agreement to incorporate the use of the new QTA; NOW, THEREFORE, the parties agree as follows to amend the Original Agreement by adding new Article XXVIII ( "Amendment ") as follows: Article XXVIII Quick Turnaround Facility A. Definitions: The following terms, when used in this Article XXVIII with the initial letter(s) capitalized, whether in the singular or the plural, shall have the following meaning. Capitalized terms not defined below shall have the meaning as set forth in the Original Agreement: "Airport": Corpus Christi International Airport. "Airport QTA Fund ": Fund designated by the Airport for CFCs collected by Concessionaire and paid to the Airport. "Amendment": This First Amendment to the On- Airport Rental Car Concession and Lease Agreement that adds a new Article XXVIII. "Base Rent" or" Rent": An amount net of CFCs required to offset the QTA costs as identified in Sections C and D below. "CFC" or "CFCs ": The Customer Facility Charge, as determined from time to time by the City as related to the QTA and required to be collected by the Concessionaire and the Other Concessionaires for all transactions conducted at the Airport. "City": The City of Corpus Christi, Texas. Page 1 of 16 QTA Amendment- Dollar,Thrifty 11 -1 -12 "Common Use Area(s) ": All facilities and land contained in the QTA that are available for use by Concessionaire and the Other Concessionaires for their common use as identified in Exhibit A and Exhibit C attached hereto. "Concessionaire ": Any individual or business entity that has an existing lease or concession agreement with the Airport for the purpose of renting vehicles to Customers who originate from Airport property, as stated in Corpus Christi City Ordinance No. 028575. "Date of Beneficial Occupancy": Following issuance of a Certificate of Occupancy, the date upon which the tenant substantially occupies the premises and conducts the primary activities associated with the operation of the concession. "Director" or "Airport Director": The Director of Aviation employed by the City or his or herdesignee. "Exclusive Use Area(s)": All facilities available and leased only to Concessionaire and no other for Concessionaire's exclusive use as identified in Exhibit B attached hereto. "Fuel System ": Shall include all the fuel storage tank(s), product piping, vent piping, fuel dispensers, nozzles, hoses, Stage I and II vapor recovery equipment, if applicable, under dispenser containment sump, turbine sump, fill port, spill buckets, and all leak detection devices. "Improvements ": Buildings, landscaping and all other permanent improvements constructed or modified from time to time at the premises. "Heavy Vehicle Maintenance ": Any type of body work or work performed on the vehicle drivetrain, and anything beyond permissible minor maintenance. "Land Rent ": Land Rent shall be that amount set by the City as rent for the land occupied under this Amendment which will be based on an appraisal by a Registered Third Party Appraiser based on comparable facilities to be updated every five (5) years beginning in April, 2016. "Market Share or Market Share Percentage ": The amount, expressed as a percentage, equal to the quotient of (i) Concessionaire's on- Airport Gross Revenues as defined in Article IV, Section (i) of the Original Agreementduring the immediately preceding twelve (12) months' period, divided by (ii) the sum of the on Airport Gross Revenues of Concessionaire and the Other Concessionaires during such twelve (12) months' period. "Operations Manual ": The manual that will be developed by the City and Concessionairesupon occupancy of the QTA that defines the daily operating procedures for conducting operations at the QTA, the use of Common Use facilities, security and safety procedures that will be enacted, and conflict resolution processes. The Operations Manual is subject to amendment and change. The most current master version will be kept in the office of the Director. "Ordinance ": Corpus Christi Ordinance No. 028575, Amending the Code of Ordinances, Chapter 9, "Aviation," by Creating New Section 9 -68, Entitled "Car Rental Customer Facility Charge," passed by the Corpus Christi City Council on April 20, 2010. Page 2 of 16 QTA Amendment- Dollar,Thrifty 1 I -1 -12 "Original Agreement": The previously executed On- Airport Rental Car Concession and Lease Agreement by and between the City and Concessionairedated November 1, 2009. "Other Concessionaires ": All on- Airport rental car Concessionaires that are parties toan Original Agreement with the City, other than Concessionaire, and any Replacement Rental Car Company (as defined below). "QTA" or "Property": Means the City -owned Quick TurnAround Facility Area as depicted on the attached Exhibit A, Exhibit B, and Exhibit C attached hereto. "Replacement Rental Car Company": A rental car company who has executed an Original Agreement sublease or assignment agreement, approved in writing by the Director, to replace Concessionaire or an Other Concessionaire that defaulted under a lease with the City under terms similar to the Original Agreement. "Tenant Improvements ": Any improvements, furniture, trade fixtures or equipment construct or placed upon the Property by Concessionaire, Other Concessionaire, or Replacement Rental Car Company or the City. "Vehicle Stacking Spaces ": Those Common Use Areas as depicted on Exhibit A, also referred to herein as queuing lanes, for use in common by Concessionaire for parking its vehicles for use as rentals at the Airport in the QTA. The Spaces will be subject to adjustment as called for in this Amendment. "Vehicle Storage Spaces ": Those Common Use Areas as depicted on Exhibit A, for use in common by Concessionaire for storing its vehicles for use at the QTA. The spaces will be subject to adjustment as called for in this Amendment. B. Additional Premises The City does lease to Concessionaire, and Concessionaire does lease from the City, the additional property at the QTA as depicted on Exhibit A, Exhibit B, and Exhibit C, for Concessionaire's Exclusive Use and Common Use Areas. An Operations Manual will be on file in the Director's office and may be amended from time to time that will define the operating procedures that will be in place for use of the Additional Premises. 1) The Common Use Areas shown on Exhibit A and Exhibit C as allocated according to Section E below; shall include the following: a. Lanes for queuing Concessionaire'srental car fleet at the QTA for: i. Fueling ii. Cleaning of vehicles iii. 12 fuel dispensing bays iv. 3 car wash bays b. Employee parking spaces C. In- fleeting and out - fleeting parking lanes d. Short term vehicle storage Page 3 of 16 QTA Amendment- Dollar,Thrifty I1 -I -12 e. Fuel farm serving QTA 2) The Exclusive Use areas shown on Exhibit B include the following: a. Eight hundred fifty (850) square feet of office space for each Concessionaire's exclusive administrative office purposes; b. Seven hundred seventy five (775) square feet for maintenance bay for each Concessionaire's exclusive use. C. Base Rent: 1) Concessionaire shall have Exclusive Use and Common Use of the portions of the Property as depicted in attached Exhibits A, B, and C for Concessionaire's purposes and subject to reallocation as provided in Section E below. 2) Base Rent of the Exclusive Use and Common Use Areas as depicted in Exhibits A, B, and C attached shall be calculated on an annual basis. The Base Rent requirement shall be the sum of the following expenses, all of which are eligible: a. All costs of construction whether funded with cash or any borrowing instrument b. Debt service coverage requirement C. Land rent d. Major maintenance costs e. Repair and replacement account funding f. City provided insurance related to the QTA g. Utility costs associated with the QTA h. Direct labor costs for maintenance and operation of the QTA i. Operating and maintenance costs associated with operating the QTA j. Administrative costs associated with the management of the QTA k. All permits and licenses directly related to the QTA I. Landscaping on land leased as part of the QTA m. Bad debt from vendor or concessionaire related to the QTA n. Other reasonable costs incurred by the City relating to operation of the QTA o. A deficit of prior year(s)' CFC collections applied toward Base Rent CFCs collected shall first be applied to offset the expenses in the priority identified above. The expenses listed above authorized by the Ordinance, incorporated herein by reference,apply only to Concessionaire's operations at the QTA and not to Concessionaire's operations at any other location at or outside of the Airport. In the event the total CFCs collected are available to fully offset the expenses in any budget year, then no Base Rent will be due. If the total CFCs collected are not sufficient to offset the expenses as identified above, Base Rent will be established for any deficit in the total amount required. Base Rent will be charged based on the following formula: Fifty percent (50 %) will be divided equally among the Concessionaires based on their share of Exclusive Use Area. Payment for the portion of Base Rent Page 4 of 16 QTA Amendment- Do11ar,Thrifty 1 I -1 -12 charged based on equal allocation among Concessionaires is due and payable on the first day of the month for which rent is due. Following the completion of the contract year and the final audit by the City, the City will recalculate the requirement for each Concessionaire against the actual Base Rent and CFCs received and if any shortfall payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15th) of the month following invoicing. If the Base Rent payment, less CFCs, paid to the City during the year exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due by the fifteenth (15th) of the month, subject to the process defined in Section 3 of Exhibit "D" to the Original Agreement. 2. Fifty percent (50 %) will be based on Market Share of Concessionaires. Payment for the portion of The Base Rent based on Market Share that will be effective for that contract year will be projected at the beginning of the contract year based on Market Share and payment will be due and payable for this portion of the Base Rent on the first day of the month for which rent is due. Following the completion of the contract year and the final audit by the City, the City will recalculate the Market Share Base Rent requirement based on actual payments and CFCs collected and remitted. If any payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15th) of the month following invoice. If the estimated Base Rent, less CFCs, payment paid exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due on the fifteenth (15th) of the month, subject to the process defined in Section 3 of Exhibit "D" to the Original Agreement. Notwithstanding the foregoing, to whatever extent possible, if the total CFCs collected are not sufficient to offset the Base Rent expenses set out above, such shortfall will be calculated at the end of the fiscal year and will be rolled over to the next fiscal year so that, to the extent possible and at the discretion of the Airport Director, Concessionaire will not be required to submit payment to the City for such shortfall but, instead, may overcome such shortfall with a future surplus of CFCs collected. Repairs required as a result of direct damage by Concessionaire employees, agents, designees, or contractors, normal wear and tear excepted, will be charged back to the responsible Concessionaire. A minimum of sixty (60) days prior to the commencement of occupancy and for all subsequent fiscal years, the City shall prepare an expense budget identifying the expenses in the same manner as identified above and a projection of the CFC revenues anticipated to be collected and shall submit such expense budget to the Concessionaire for review and comment. Following consultation with Concessionaire, the City will establish the Base Rent that will be effective for that fiscal year and may adjust the amount of any CFC during the term of the Agreement to cover expenses and to avoid any contingent Base Rent. The Ordinance states in pertinent part: "Section 9- 68.03: Customer Facility Charge Page 5 of 16 QTA Amendment- Dollar,Thrifty I 1 -1 -12 (B) The CFCs must be used to pay, or reimburse the Airport, for the costs associated with the design, acquisition, planning, development, construction, operation, maintenance, repair, equipment, and replacement of facilities and related improvements made use of in or connected to the business of renting cars at the Airport. Any or all of the CFCs collected may be pledged to the punctual payment of debt service on obligations (and any other pecuniary obligation) issued by or on behalf of the City for the benefit of the Airport for the cost of the car rental portion of facilities, parking lots, buildings, and other improvements, and to create and maintain reasonable operating and maintenance reserves as well as capital asset repair and replacement reserves. Eligible costs for the car rental facilities and related improvements include all costs, fees, and expenses associated with the design, acquisition, planning, development, construction, equipping, operation and maintenance, capital repair and replacement, and site improvement. Nothing herein shall be construed to make fees, costs, or expenses incurred in tenant improvements for space exclusively used by a Car Rental Company ineligible. "Equipping" for the purposes of this section is limited to providing necessary equipment within the common use areas and car maintenance bays of the car rental facilities. "Operation and maintenance" for the purposes of this section does not include fees, costs, or expenses incurred for or associated with consumables, such as paper supplies, oils and lubricants, or other products used in the business of the car rental facilities." "Section 9- 68.05: Collections. (A) All CFCs collected by all Car Rental Companies are and shall be funds held by the Car Rental Companies in trust for the City for the benefit of the Airport and recognizing the third party beneficiary status of any holders of any debt obligations issued by the City for the benefit of the Airport. Car Rental Companies and their agents hold only a possessory interest in theCFCs and no equitable interest. All Car Rental Companies shall segregate, separately account for, and disclose all CFCs as trust funds in their financial statements and shall maintain adequate records that account for all CFCs charged and collected. Failure by a Car Rental Company to segregate the CFCs shall not alter or eliminate their trust fund nature. The Airport shall have the right to audit the CFC records of a Car Rental Company upon reasonable notice. (B) All Car Rental Companies shall remit all CFC funds that were collected or should have been collected from its Airport car rental customerson a monthly basis to the Airport. The CFCs shall be remitted on the 20th day of the month following the month the CFCs were collected. Failure of a Car Rental Company to strictly comply with this subparagraph shall be considered a material breach of the Car Rental Company's authorization to do business at the Airport." "Section 9- 68.06.Annual Rate Adjustments. (A) Each April, the Airport Director shall recalculate the Customer Facility Charge to be effective June 5 of the same year to recover the amount equivalent to the remaining portion of the amount pledged by the City to the Page 6 of 16 QTA Amendment- Dollar,Thrifty 1 I -1 -12 payment of debt service on obligations (or any pecuniary obligation related thereto) issued by or on behalf of the City for the benefit of the Airport. The Airport Director shall consider any written comments of the Car Rental Companies regarding the adjustment, but the Airport Director, with the concurrence of the Director of Financial Services, has the sole and final determination of the amount. (B) Notwithstanding anything herein to the contrary, the Customer Facility Charge shall not be less than $3.50 per Customer per Transaction Day." Following the completion of the year -end audit, in the event that CFC collections exceed the projected Base Rent requirement plus any projected major maintenance or projected capital investment requirements, the City will reimburse Concessionaire from the Airport QTA Fund for any Base Rent, as detailed in Section C(2) herein, actually paid by Concessionaire in prior year(s), in the form of a check to be paid by the twentieth (20th) day of the following month, during the term of this Amendment, so that Concessionaire is made whole as to their costs that the Ordinance authorizes to be paid by CFCs. D. Allocation and Reallocation ofnumbered queuing lanes as shown on ExhibitA: 1) Concessionaire numbered queuing lanes will be allocated on an annual basis effective August 1 of each year of the Agreement according to the respective Market Share Percentages for the previous twelve (12) month period. Allocation of rows will be made in full row allocation only. A single row will not be allocated to more than one Concessionaire. In order to achieve an additional row upon annual re- allocation, a Concessionaire must have a market share percentage that commands 60% or more of a full row. 2) The Airport Director, in consultation with Concessionaire, shall annually determine the allocation of each Concessionaire's numbered queuing lanes , based on the previous twelve (12) month period market share and in keeping with full row allocation as detailed in E (1) above. The Airport Director's determination shall be final and binding, provided, however, that if the Airport Director determines that a Concessionaire's allocation is to increase, that Concessionaire may decline the reallocation and maintain their existing allocation. If a Concessionaire declines an increased allocation, it will be at the discretion of the Director to reallocate to the other Concessionaires based on the other Concessionaires' requests, but under no circumstance will there be less than a 100% allocation of all available numbered queuing lanes. Concessionaire will be provided an updated Exhibit A each year of this Amendment that will show the annual allocation by Concessionaire. E. Exhibits: If the Property is reallocated by the City, the Exhibits to this Agreement that are affected by such reallocation shall be superseded by replacement Exhibits provided by the City. F. Required and Permitted Uses: 1) The Property shall be used by Concessionaire only for the fueling, vehicle stacking, vehicle storing, washing, cleaning, detailing and minor maintenance of Concessionaire's vehicle inventory used in connection with its Original Agreement Page 7 of 16 QTA Amendment- Dollar,Thrifty 1 I -1 -12 at the Airport, and uses incidental and reasonably related thereto. Notwithstanding the foregoing requirement, Concessionaire may use the Property for the fueling and washing of Concessionaire's vehicle inventory not rented at the Airport facility only to the extent that such fueling and /or washing does not cause undue inconvenience or maintenance costs to the other Concessionaires or the Airport. Upon complaint by the Airport or a Concessionaire of such undue inconvenience or maintenance costs, the Airport Director has sole discretion to allow or disallow fueling and /or washing of Concessionaire's vehicle inventory not rented at the Airport facility. Examples of permissible minor maintenance include services such as oil changes, tire replacement, brake maintenance, windshield repair, and vehicle fluid replacement. Any other maintenance beyond this general description performed at the QTA is not permitted except as expressly authorized in this Agreement or in writing by the Airport Director. The Airport Director will have sole discretion to authorize maintenance other than what is identified in this Agreement and will take into consideration the impact of any such requests on the Concessionaire considering environmental liability, public perception, and overall airport operations. If the Airport Director authorizes maintenance other than what is identified in this Agreement for one Concessionaire, the Airport Director will authorize such maintenance in writing to all Concessionaires. 2) The Property shall not be used for any other purpose, and specifically shall not be used for Heavy Vehicle Maintenance, storage of any vehicles used in conjunction with any off - Airport rental car concession, storage of out -of- service and damaged vehicles for longer than twenty one (21) calendar days, and sales of new or used vehicles, or auctions or liquidation sales. The Airport Director, in his /her sole discretion, may allow occasional extended storage period for damaged vehicles, when the Airport Director agrees such extension is necessary due to extenuating circumstances identified by Concessionaire. 3) If any governmental license or permit, other than a certificate of occupancy, shall be required for the proper and lawful conduct of Concessionaire's business on the Airport, Concessionaire shall procure and maintain such license or permit, at its sole cost and expense, and shall submit the same, upon request, for inspection by the City. Concessionaire shall at all times comply with terms and conditions of each such license or permit. However, City shall be responsible to comply with all regulations, laws, and ordinances and shall obtain all necessary licenses and permits required to operate the QTA, including the fueling facility and wash bays, and City shall be responsible for compliance with all applicable regulations regarding reporting requirements for the QTA, including the fueling facility. 4) Compliance with Laws: Concessionaire shall not use or permit the Property, or any part thereof, to be used in whole or in part for any purpose other than as set forth above, nor for any use, operation or activity in violation of any present or future laws, ordinances, general rules or regulations at any time applicable thereto of any public or governmental authority. In the event that compliance reporting is required.Concessionaire agrees to make all reasonable efforts to cooperate with the City in providing any required information. G. Fueling Facilities and Charges: Page 8 of 16 QTA Amendment- Dollar,Thrifty 11 -1 -12 1) City agrees to purchase and have delivered to the Property the required fuel to be utilized by the Concessionaire for the purpose of conducting the concession operation. Concessionaire agrees to purchase and use only the fuel from the fueling station at the Property for all vehicles used as rental vehicles at the Airport. Failure to purchase fuel from the QTA shall be considered a material default under the terms of this Agreement; unless such fuel in unavailable from the City or if the City provides prior written consent. 2) The cost per gallon (U.S. Gallon) charged to Concessionaire will be based on the City's contract cost per gallon (including all applicable taxes, surcharges, delivery charges, fees and all discounts and volume rebates obtained by City) plus five cents ($0.05) per gallon. 3) City shall make all good faith efforts to obtain an acceptable grade and quality of fuel at the lowest cost available and have an adequate fuel supply available at all times unless the availability of fuel is disrupted due to reasons beyond the reasonable control of the City. 4) City will provide Concessionaire fuel keys in sufficient quantity reasonable to allow Concessionaire to fuel its vehicles without disruption as determined by the Airport Director in consultation with the Concessionaire, which activate both the fuel pumps as well as the entrance and exit gates. City's fuel system will track fuel dispensed with a computerized fuel management system. Any shortages or variations of inventory not directly attributable to the actions of the City will be charged to Concessionaire based on Market Share if the shortage cannot be reconciled. 5) City will invoice Concessionaire monthly for the fuel dispensed at the QTA by Concessionaire into its vehicle inventory, subject to Section G (1) herein. The invoice shall list the total amount of the gallons of fuel pumped by the Concessionaire for the preceding month, applicable taxes and destination charges, the price per gallon, and the $0.05 dispensing fee per gallon due to the City. 6) Concessionaire shall pay the invoice on or before the fifteenth (15th) day of the month following, the month for which fuel was provided, pursuant to Article IV (e) of the Original Agreement Failure to pay invoices in a timely manner may result in City denying access to the fuel system (deactivating Concessionaire's fuel keys), in addition to other remedies provided for in theOriginal Agreement, until all amounts owed to City are paid in full, though not without notice and opportunity to cure pursuant to Article XI11 g. of the Original Agreement. In the event that the Concessionaire desires to pay the invoice by credit card, any costs associated with processing the credit card payment will be added to the invoice and shall be remitted to the City in addition to the payment due. Failure to make payment following notice as called for in theOriginal Agreement shall constitute a default under the terms of the Original Agreement and the City will have the rights associated with Article XIII of theOriginal Agreement. 7) A security deposit in the form of a bond, certified check, cashier's check, or other form acceptable to the City equal to two (2) months' average fuel pumped for the previous six (6) months or if six (6) months of data is not available, the two (2) months of the average of the available data will be required prior to the activation of Concessionaire's access to the fuel system. If Concessionaire does not provide a Page 9 of 16 QTA Amendment- Do11ar,Thrifty 1 I -1 -12 reasonable estimate for the purpose of establishing the security deposit requirement, the City will set the security deposit amount required at its sole discretion. City shall draw against such security deposit when Concessionaire does not remedy payment after notice and opportunity to cure set forth above in subsection (6). Concessionaire will be required to restore the security deposit balance to the required amount within five (5) working days of written notice of draw down. 8) City agrees to provide regular grade unleaded fuel to the Property on a timely basis. 9) Concessionaire agrees to use the fueling system and all associated apparatus in accordance with all safety instructions and shall immediately notify Airport personnelin writing, as outlined in the Operations Manual, of any safety or hazardous conditions that may exist. City or its contractor shall provide safety training regarding the fueling facility to Concessionaire prior to date of occupancy of the QTA by Concessionaire. Concessionaire is responsible for and agrees to hold City harmless for Concessionaire's misuse or negligent use or operation of the fueling system and any damages or injuries incurred as a result of such misuse or negligent use. H. Maintenance, Utilities, Security, and Custodial Services for QTA Property 1) Maintenance of Property Except where maintenance required exceeds that associated with normal wear and tear and is a result of the negligence of Concessionaire, its employees, agents, contractors and invitees, City agrees that during the term of this Agreement it shall keep, maintain and repair the Property, including Concessionaire's Tenant Improvements in its Exclusive Use Area and the cost for performing such services shall be included in the Base Rent as outlined in this Amendment. Concessionaire hereby expressly agrees at all times during the term of this Agreement to make all reasonable efforts to cooperate with City in keeping the Property in a clean, maintained, and in a sanitary condition. City agrees to perform all required maintenance of City's Fuel System. City shall also ensure that monthly leak detection is fully operational and in compliance with all local, state, and federal laws, regulations, and ordinances governing the operation of such Fuel System. Concessionaire shall have no responsibility to remove or permanently close the fuel storage tanks installed by the City.Concessionaire shall have no responsibility for City's maintenance, City's leak detection, or City's operation of theCity's Fuel System. Concessionaire shall not be liable to the City or any regulatory agency or agencies having jurisdiction over the operation of City's Fuel System for the violation of any local, state, and federal laws governing the operation of such Fuel System notwithstanding Concessionaire's responsibility as stated in Section H(11) herein. Concessionaire shall not be responsible for the release and clean -up of any Hazardous Substance as defined herein from the Fuel System, except when caused by acts or omissions of Concessionaire. Concessionaire shall not be deemed to be the operator of City's Fuel System, as the term `operator, is defined in any local, state, or federal laws governing the operation of the Fuel System. 2) Utilities City shall provide standard heat, electricity, and air conditioning in the Exclusive and Common Use Areas on the QTA Property. Payment for these services shall be paid by Concessionaire as part of the Base Rent. In cases where Page 10 of 16 QTA Amendment- Dollar,Thrifty 11 -1 -12 the City furnishes and delivers natural gas, electricity or water /sewer to the Property, the City does not guarantee the continuity or sufficiency of such supply, but the City will make reasonable efforts within the City's control to ensure such delivery. The City will not be liable for interruptions or shortages or insufficiency of supply or any loss or damage of any kind or character occasioned thereby if the same is caused by accident, act of God, fire, strikes, riots, war, inability to secure a sufficient supply from the utility company furnishing the City, or any other cause. Whenever the City shall find it necessary for the purpose of making repairs or improvements to any utility supply system it shall maintain, following consultation with Concessionaire, it shall have the right to suspend temporarily the delivery of natural gas, electricity or water. However, City agrees to make reasonable efforts to cause minimal disruption when possible. 3) Information Technology and Telephone Services: Concessionaire shall be responsible, at its sole cost, for providing all telephone and data services for its use and for obtaining any necessary permits. Systems installed by one Concessionaire shall not adversely affect other Concessionaires, tenants, or City. 4) Security of Property City shall coordinate and enforce secured access to the Property for Concessionaire. Concessionaire shall abide by all security directives of the City. J. Customer Facility Charge ( "CFC "): Concessionaireis required to collect and remit to the City within twenty (20) calendar days following the end of the month in which the fee is collected, the total CFCs on all vehicle rental transactions originating at the Airport. City hereby agrees that during the term of this Agreement, CFC revenues collected by Concessionaire and remitted to City shall be used to offset Concessionaire'sequal allocation of Base Rentand Market Share Base Rent as called for in this Amendment. If for any reason the CFC's collected, or any portion thereof, are insufficient to cover anticipated expenses identified in this Amendment, then any deficiency in the amounts otherwise owed by Concessionaire to City under this Amendment shall be paid to the City by Concessionaire as part of Base Rent as calculated in accordance with this Amendment during the applicable contract year.The City may adjust the amount of the CFC during the Term of this Amendment following consultation with the Concessionaire. K. Delinquency Charge: Concessionaire agrees that in the event payments to the City for any fees and charges are not received by the City on or before the respective due dates, as set forth in this Amendment, Concessionaire shall pay to the City a delinquency charge of one and one half percent (1 -112 %) of the amount due to City, for each month, calculated daily, that the amount due remains unpaid. However, the City agrees to provide written notice of such delinquency prior to assessing such charge for a first occurrence. Payments due the City shall be received by the City only on normal business days, Monday through Friday, and shall not be considered late if the date due falls on a weekend or legal City holiday provided payment is received on the next business day. A yearly schedule of City holidays shall be provided to Concessionaire upon request. Payment by Concessionaire and acceptance by City of a delinquent charge shall not be construed as a waiver or forfeiture of any other rights or remedies of the City contained elsewhere in this Page 11 of 16 QTA Amendment- Do11ar,Thrifty 11 -1 -12 Agreement, or as provided by law. For the purposes of this section, the date payments are received by City shall be the U. S. Postal Service cancellation date on the envelope transmitting the payment, or the date such payment is received by an authorized representative of the City if the payment is hand delivered. In the event of a dispute as to the amount to be paid, the City may accept without prejudice the sum tendered and, if a deficiency is determined, the foregoing delinquency charge shall apply only to such deficiency. The City may waive, for good cause, in its sole discretion, any delinquency charge upon written application of Concessionaire. L. Insurance: With regards to the QTA and any other property described in this Amendment, Concessionaire agrees to obtain and maintain all insurances as described in Exhibit "E" to the Original Agreement and shall name the City as additional insured as its interests appear hereunder for liabilities arising out of the conduct of Concessionaire, its officers, employees or agents for the Commercial General Liability and Business Auto Liability Insurance, with a waiver of subrogation in favor of the City for worker's compensation. Concessionaire shall be responsible to obtain all property insurance to insure Concessionaire's own property. However, the "Environmental Impairment Liability' description in Exhibit E is modified to read as follows: Environmental Impairment Liability to include $1,000,000 per claim Broad Form Pollution Liabi I ityCove rage Third Party Clean Up Concessionaire's Environmental Impairment policy coverage applies only to claims, damages, suits, judgments that are due to the negligence or wrongful acts of concessionaire, its officers, employees or agents. Concessionaire's Environmental Impairment policy coverage does not apply to any claims, damages, suits, judgments, clean up that are due to the acts of the City or any third -party contracted by the City to operate the QTA. City shall obtain the following insurance coverage to cover the City's exposures for the QTA: Property insurance for City owned facilities; and Storage Tank Liability to cover only City's liability exposures. M. Condition of the Property: Except as may be expressly provided elsewhere in this Agreement, the taking of possession of the Property by Concessionaire shall in itself constitute acknowledgment that the City shall not be obligated to make any Tenant improvements or modifications thereto. Concessionaire shall not be liable for any pre- existing conditions, latent defects, or damage not caused by Concessionaire. Concessionaire shall have no liability arising out of or in any way relating to the existence of any hazardous materials placed on, in or under the Property by any person or entity other than Concessionaire or any person or entity acting for, by or through Concessionaire or with Concessionaire's permission or acquiescence Page 12 of 16 QTA Amendment- Do11ar,Thrifty 11 -1 -12 N. Reserved Easements: The City reserves to itself and the right to grant to others in the future nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction) over, under, though, across, or on the Property in locations that will not unreasonably interfere with Concessionaire's use thereof. The City retains all mineral rights on the Airport property. O. Obligations of the City: The City agrees that use of the Property shall be limited to rental car companies with an On- Airport Rental Car Concession and Lease Agreement executed with the City. City reserves the right to retain third parties to operate, repair and maintain the Property, including without limitation, to operate and maintain the fueling system. P. Default: Either party may terminate the use of the QTA for other party's noncompliance of any terms of the Original Agreement or for noncompliance with terms of this Amendment, upon failure to cure after issuance of a thirty (30) days written notice. If this Amendment is terminated for Concessionaire's noncompliance with the terms of this Amendment or for Concessionaire's noncompliance with the terms of the Original Agreement and this Amendment, then the Concessionaire shall be liable to City for payment of remaining equal rent payments for the remainder of the Original Agreement term. City shall invoice and Concessionaire shall remit payment within thirty days for such remaining rental payments. In the event City subleases the Exclusive Use Areas to another concessionaire as a result of any Default termination, City will apply any rent received against the rent obligations of Concessionaire, but in no circumstances, will the amount applied exceed the total rent obligation. Q. Effective Date and Term: 1) The Effective Date of this Amendment is , 20_, subject to final City Council approval. Notwithstanding that, Concessionaire may occupy the Property on the date the Certificate of Occupancy is issued by the City Building Official for the Property or upon the Date of Beneficial Occupancy, whichever occurs first. As part of the transition plan, (described in Article IV (q) of the Original Agreement), from the existing Service and Maintenance Facilities ( "Facilities ") to the QTA, if Concessionaire occupies the QTA before the Effective Date, Concessionaire shall continue to pay rents for the existing Facilities under the Original Agreement through the close of business the day before the Effective date. Beginning on the Effective Date, rent and fees shall be paid pursuant to the QTA based annual budget. As of the close of business the day before the Effective Date, rents for the existing Facilities shall cease. However, notwithstanding the foregoing, Concessionaire shall continue to pay full rent for the existing Facilities until said existing Facilities are completely vacated by Concessionaire. Upon the Effective Date of this Amendment, the Term of the Original Agreement shall be extended for a new base period such that the Term of the Original Agreement and this Amendment are identical and such Term shall be extended for a new base period of five (5) years commencing on the Effective Date and ending on the last day of the fifth (5t") full fiscal year thereafter ( "Base Term "). Upon the Effective Page 13 of 16 QTA Amendment- Do11ar,Thrifty 11 -1 -12 Date of this Amendment the use of "Term" and "Base Term" shall apply to the Original Agreement and this Amendment. 2) Renewal Option: Upon the expiration of the Base Term, and upon the mutual agreement of the City Manager or his designee and Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, Concessionaire will have two (2) separate, successive options (each a "Renewal Option ") to extend the term for additional periods of five (5) years (each a "Renewal Term "). The first Renewal Term will commence upon the expiration of the Base Term. Each successive Renewal Term will commence upon the expiration of the previously exercised Renewal Term. The first Renewal Option, upon the mutual agreement of the City Manager or his designee and the numeric majority of all Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the Base Term. Subsequent Renewal Options may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the previously exercised Renewal Term. Each Renewal Term will be upon the same terms and conditions as during the Base Term, except as otherwise provided. 3) Termination: Concessionaire may terminate the Original Agreement and this Amendment upon the expiration of the initial BaseTerm or any Renewal Term with no further obligations other than what is contained in the Original Agreement and this Amendment. 4) Upon the Effective Date, the Minimum Annual Guarantee ( "MAG ") payments will be recalculated to eighty -five percent (85 %) of ten percent (10 %) of the average of the most immediate prior twelve (12) months of Gross Revenues as such term is defined in the Original Agreement.At the commencement of each exercised Option period, the MAG for any exercised option periods shall also be recalculated at eighty -five percent (85 %) of ten percent (10 %) of the average of the most immediate prior twelve (12) months Gross Revenues at the commencement of each option period. In the event that extraordinary conditions arise that will significantly impact the operations of Concessionaire, at the discretion of the Airport Director, the City agrees to consult with Concessionaire on the potential for adjustment of the MAG. Concessionaireagrees to comply with any request to provide adequate background information detailing the basis for the request and present the same to the Airport Director for review. Any adjustments will be at the sole discretion of the City. 5) The right granted in the Article VI of the Original Agreement with respect to Concessionaire's use or construction of underground or aboveground storage tanks is explicitly repealed. Concessionaire shall not have right to use or construct any existing underground storage tank or aboveground storage tank following the effective date of this amendment. 6) Concessionaire must vacate the Service and Maintenance Facility Premises allocated under the Original Agreement for service and maintenance facilities at the Airport within two (2) weeks of written notification from the Airport Director. City will remove all improvements from the existing facilities and if remediation is required, Page 14 of 16 QTA Amendment- Do11ar,Thrifty 11 -1 -12 the cost of any such remediation shall be the responsibility of the Concessionaire or entity that caused the requirement for remediation. City will consult with Concessionaire as to the scope of remediation services required; however, it is agreed that all remediation will be sufficient to meet or exceed and local, State, and /or Federal requirements. Concessionaire will be notified of the improvement removal process and will be given the opportunity to be present at the removal, testing and remediation upon the Premises. Upon completion of the remediation, any payment due shall be remitted to the City on the fifteenth (15th) of the month following invoice. If there is any property remaining after such date that must be disposed of by the demolition contractor at an additional expense, Concessionaire shall pay all costs for disposal if such property is not removed after ten (10) days' written notice by Airport Director to Concessionaire. 7) Article III Sections k, I, m and Exhibit C, of the Original Agreement are repealed upon effective date of this Amendment. Gasoline dispensed in accordance with the Terms of the Amendment at the Property shall be excluded from Article VI n of the Original Agreement. 8) All other terms and conditions of the previously executed Original Agreement between the parties which are not inconsistent herewith, shall apply to the use of the additional Property, and shall continue in full force and effect. R. Parking Space Sales Tax: Pursuant to Article 111 0) of the Original Agreement, Concessionaire shall pay monthly rent to the City for allocated Parking Spaces. As of the Effective date of this Amendment, Concessionaire shall, in addition to paying rent on said allocated Parking Spaces, also pay the applicable sales tax per month for each parking space allotted to Concessionaire. IN WITNESS WHEREOF,the parties hereto have themselves or through their duly authorized officers executed this Amendment, to be effective upon execution by the City Manager. EXECUTED IN DUPLICATE ORIGINALS this day of , 2012, by the authorized representative of the parties. ATTEST: Armando Chapa City Secretary QTA Amendment- Do11ar,Thrifty 11 -1 -12 City of Corpus Christi, Texas Ron Olson City Manager Page 15 of 16 CONCESSIONAIRE: DTG Operations, Inc., an Oklahoma corporation, doing business as Dollar Rent A Car and as Thrifty Car Rental By: Name: Title: Date: STATE OF _ COUNTY OF This instrument was acknowledged before me on , 2012, by , as Operations, Inc., an Oklahoma corporation, on behalf of said corporation. Notary Public QTAAmendment- Dollar,Thrifty I1 -1 -12 of DTG Page 16 of 16 CONCESSIONAIRE: DTG Pperations, Inc., Dollar Rent A Car a d Thr' ent By: '4��Zz" Name: 1Ci►r b{r lam, . y, .,\ lu Title: V� c c V11 1: "-c--k- Date: TAB 2� i 3 STATE OF 6y-I -A 1MrAk COUNTY OF q A \,SA an Oklahoma corporation, doing business as This instrument was acknowledged before me on 'Zc, n 8 , 2@t-9, by LC- (vVl{x ✓�►� 0. Vr,,H\ , as V;'t P'-e S I-Al of DTG Operations, Inc., an Oklahoma corporation, on behalf of said corporation. ` ���111tllltlrll��r� y,�C 0 � .,,::�, •TAR y,, so -` ��� �� � � � i #01011110 S Z = Notary Public _ EXP.07/07/13 •` _ Page 16 of 16 QTA Amendment- Do11ar,Thrifty 11 -1 -12 cn ID _0 21- I z F 0 cD 0 C-) C) m 02 - -------- - ------------ - - - - - - - --- ------- - z "o 0 fl T QO C7, a- _0 D I'D 0 _0 0 o ID n -0 c U, Cn co - �CD 0 ---- -- --- Q OD 3 0 o - -- ---- ------ 0 n o 0 w a- 220 0 n r) 3 0 cn ID _0 21- I Q 0 c m - -------- - ------------ - - - - - - - --- ------- - z Q 0 c m z "o 0 fl T QO C7, a- _0 D I'D 0 _0 0 o ID n -0 c U, Cn co ID 0 Q OD 3 0 o n cy, w 0 3 3 220 0 n r) 3 0 0 3 3 o 3 n 0 U, "J 0 01 0 C, 0 0 U, > O 70 M > "o 0 fl T QO C7, a- D 0 o ID n -0 c U, Cn co ID o� rJO I I ®I C7 C n S 3 I ' 1 i 4 a I ` { 6 Z y r S D a Oy�D : o < -. o N CD o D i 00 o f�D O 7 1i c� 00 D Q�t J o o CD o 0 0 0 0 W N--------------- _ — ±- ._--- _-�-�- uV v vV uV Vi D C= cn cn v+ cn cn ,Z fll T T T T T 7-1 -- _2 W i I I co nn xN 32 E3 > #Z -n o m 0 > G, (D C-) fp C13 0 D) m U3 X CD m O n 0 3 o 3 3 0 3 0 3 0 (D CD (D 0 m .w mom= . M. m wm--m I we W, FIRST AMENDMENT TO THE ON- AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND EAN HOLDINGS, LLC WHEREAS, the City of Corpus Christi and EAN Holdings, LLC, a Delaware limited liability company and wholly owned subsidiary of Enterprise Holdings, Inc., doing business as Enterprise Rent -A -Car, a company operating under the laws of the State of Texas ( "Concessionaire ") previously executed an On- Airport RentalCar Concession and Lease Agreement dated November 1, 2009 ( "Original Agreement "); WHEREAS, the City is in the process of constructing a new consolidated service facility and fueling facility, referred to as the Quick Turn Around Facility ( "QTA ") to be used for fueling, cleaning, minor maintenance, staging, and storing of the rental car fleet; WHEREAS, the parties hereto desire to amend the Original Agreement to incorporate the use of the new QTA; NOW, THEREFORE, the parties agree as follows to amend the Original Agreement by adding new Article XXVIII ( "Amendment ") as follows: Article XXVIII Quick Turnaround Facility A. Definitions: The following terms, when used in this Article XXVIII with the initial letter(s) capitalized, whether in the singular or the plural, shall have the following meaning. Capitalized terms not defined below shall have the meaning as set forth in the Original Agreement: "Airport": Corpus Christi International Airport. "Airport QTA Fund ": Fund designated by the Airport for CFCs collected by Concessionaire and paid to the Airport. "Amendment ": This First Amendment to the On- Airport Rental Car Concession and Lease Agreement that adds a new Article XXVIII. "Base Rent" or" Rent ":An amount net of CFCsrequired to offset the QTA costs as identified in Sections C and D below. "CFC" or "CFCs ": The Customer Facility Charge, as determined from time to time by the City as related to the QTA and required to be collected by the Concessionaire and the Other Concessionaires for all transactions conducted at the Airport. "City":The City of Corpus Christi, Texas. Page 1. of 16 QTA Amendment- Enterprise 11 -1 -12 "Common Use Areas) ";AII facilities and land contained in the QTA that are available for use by Concessionaire and the Other Concessionaires for their common use as identified in Exhibit A and Exhibit C attached hereto. "Concessionaire ": Any individual or business entity that has an existing lease or concession agreement with the Airport for the purpose of renting vehicles to Customers who o riginate from Air port p roperty, as s tated in Co rpus Ch risti Cit y O rdinance N o. 028575. "Date of Beneficial Occupancy ": Following issuance of a Certificate of Occupancy, the date upon which the tenant substantially occupies the premises and conducts the primary activities associated with the operation of the concession. "Director' or "Airport Director ": The Director of Aviation employed by the City or his or herdesignee. "Exclusive UseArea(s) ":All facilities available and leased only to Concessionaire and no other for Concessionaire's exclusive use as identified in Exhibit B attached hereto. "Fuel System ":Shall include all the fuel storage tank(s), product piping, vent piping, fuel dispensers, nozzles, hoses, Stage I and II vapor recovery equipment, if applicable, under dispenser containment sump, turbine sump, fill port, spill buckets, and all leak detection devices. "Improvements Buildings, landscaping and all other permanent improvements constructed or modified from time to time at the premises. "Heavy Vehicle Maintenance ": Any type of body work or work performed on the vehicle drivetrain, and anything beyond permissible minor maintenance. "Land Rent": Land Rent shall be that amount set by the City as rent for the land occupied under this Amendment which will be based on an appraisal by a Registered Third Party Appraiser based on comparable facilities to be updated every five (5) years beginning in April, 2016. "Market Share or Market Share Percentage ": The amount, expressed as a percentage, equal to the quotient of (i) Concessionaire's on- Airport Gross Revenues as defined in Article IV, Section (i) of the Original Agreementduring the immediately preceding twelve (12) months' period, divided by (ii) the sum of the on Airport Gross Revenues of Concessionaire and the Other Concessionaires during such twelve (12) months' period. "Operations Manual ": The manual that will be developed by the City and Concessionairesupon occupancy of the QTA that defines the daily operating procedures for conducting operations at the QTA, the use of Common Use facilities, security and safety procedures that will be enacted, and conflict resolution processes. The Operations Manual is subject to amendment and change. The most current master version will be kept in the office of the Director. "Ordinance ": Corpus Christi Ordinance No. 028575, Amending the Code of Ordinances, Chapter 9, "Aviation," by Creating New Section 9 -68, Entitled "Car Rental Customer Facility Charge," passed by the Corpus Christi City Council on April 20, 2010. Page 2 of 16 QTA Amendment- Enterprise 11 -1 -12 "Original Acireement ":The previously executed On- Airport Rental Car Concession and Lease Agreement by and between the City and Concessionairedated November 1, 2009. "Other Concessionaires ": All on- Airport rental car Concessionaires t hat ar a parties toan Original Agreement with the City, other than Concessionaire, and any Replacement Rental Car Company (as defined below). "QTA' or "Property": Means the City -owned Quick TurnAround Facility Area as depicted on the attached Exhibit A, Exhibit B, and Exhibit C attached hereto. "Replacement Rental Car Company ": A rental car company who has executed an Original Agreement sublease or assignment agreement, approved in writing by the Director, to replace Concessionaire or an Other Concessionaire that defaulted under a lease with the City under terms similar to the Original Agreement. "Tenant Improvements ": Any improvements, furniture, trade fixtures or equipment construct o r p laced u pon t he P roperty by Concessionaire, O ther Co ncessionaire, o r Replacement Rental Car Company or the City. "Vehicle Stacking Spaces ": Those Common Use Areas as depicted on Exhibit A, also referred to herein as queuing lanes, for use in common by Concessionaire for parking its vehicles for use as rentals at the Airport in the QTA. The Spaces will be subject to adjustment as called for in this Amendment. "Vehicle Storage Spaces ": Those Common Use Areas as depicted on Exhibit A, for use in common by Concessionaire for storing its vehicles for use at the QTA. The spaces will be subject to adjustment as called for in this Amendment. B. Additional Premises The City does lease to Concessionaire, and Concessionaire does lease from the City, the additional property at the QTA as depicted on Exhibit A, Exhibit B, and Exhibit C, for Concessionaire's Exclusive Use and Common Use Areas. An Operations Manual will be on file in the Director's office and may be amended from time to time that will define the operating procedures that will be in place for use of the Additional Premises. 1) The CommonUse Areas shown on Exhibit A and Exhibit C as allocated accordingto SectionEbelow; shall include the following: a. - Lanes for queuing Concessionaire'srental car fleet at the QTA for: i. Fueling ii. Cleaning of vehicles iii. 12 fuel dispensing bays iv. 3 car wash bays b. Employee parking spaces C. In- fleeting and out - fleeting parking lanes d. Short term vehicle storage Page 3 of 16 QTA Amendment- Enterprise 11 -1 -12 e. Fuel farm serving QTA 2) The Exclusive Use areas shown on Exhibit B include the following: a. Eight hundred fifty (850) square feet of office space for each Concessionaire's exclusive administrative office purposes; b. Seven hundred seventy five (775) square feet for maintenance bay for each Concessionaire's exclusive use. C. Base Rent: 1 } Concessionaire shall have Exclusive Use and Common Use of the portions of the Property as depicted in attached Exhibits A, B, and Cfor Concessionaire's purposes and subject to reallocation as provided in Section E below. 2) Base Rent of the Exclusive Use and Common Use Areas as depicted in Exhibits A, B, and C attached shall be calculated on an annual basis. The Base Rent requirement shall be the sum of the following expenses, all of which are eligible: a. All costs of construction whether funded with cash or any borrowing instrument b. Debt service coverage requirement C. Land rent d. Major maintenance costs e. Repair and replacement account funding f. City provided insurance related to the QTA g. Utility costs associated with the QTA h. Direct labor costs for maintenance and operation of the QTA i. Operating and maintenance costs associated with operating the QTA j. Administrative costs associated with the management of the QTA k. All permits and licenses directly related to the QTA I. Landscaping on land leased as part of the QTA m. Bad debt from vendor or concessionaire related to the QTA n. Other reasonable costs incurred by the City relating to operation of the QTA o. A deficit of prior year(s)' CFC collections applied toward Base Rent CFCs collected shall first be applied to offset the expenses in the priority identified above. T he ex penses I isted abo ve au thorized by t he O rdinance, inc orporated herein by reference,apply only to Concessionaire's operations at the QTA and not to Concessionaire's operations at any other location at or outside of the Airport. In the event the total CFCs collected are available to fully offset the expenses in any budget year, then no Base Rent will be due. If the total CFCs collectedare not sufficient to offset the expenses as identified above, Base Rent will be established for any deficit in the total amount required. Base Rent will be charged based on the following formula: 1. Fifty percent (50 %) will be divided equally among the Concessionaires based on their share of Exclusive Use Area. Payment for the portion of Base Rent Page 4 of 16 QTA Amendment- Enterprise 11 -1 -12 charged based on equal allocation among Concessionaires is due and payable on the first day of the month for which rent is due. Following the completion of the contract year and the final audit by the City, the City will recalculate the requirement for each Concessionaire against the actual Base Rent and CFCs received and if any shortfall payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15th) of the month following invoicing. If the Base Rent payment, less CFCs, paid to the City during the year exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due by the fifteenth (15th) of the month, subject to the process defined in Section 3 of Exhibit "D° to the Original Agreement. 2. Fifty percent (50 %) will be based on Market Share of Concessionaires. Payment for the portion of The Base Rent based on Market Share that will be effective for that contract year will be projected at the beginning of the contract year based on Market Share and payment will be due and payable for this portion of the Base Rent on the first day of the month for which rent is due. Following the completion of the contract year and the final audit by the City, the City will recalculate the Market Share Base Rent requirement based on actual payments and CFCs collected and remitted. If any payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15th) of the month following invoice. If the estimated Base Rent, less CFCs, payment paid exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due on the fifteenth (15th) of the month, subject to the process defined in Section 3 of Exhibit "D" to the Original Agreement. Notwithstanding the foregoing, to whatever extent possible, if the total CFCs collected are not sufficient to offset the Base Rent expenses set out above, such shortfall will be calculated at the end of the fiscal year and will be rolled over to the next fiscal year so that, to the extent possible and at the discretion of the Airport Director, Concessionaire will not be required to submit payment to the City for such shortfall but, instead, may overcome such shortfall with a future surplus of CFCs collected. Repairs required as a result of direct damage by Concessionaire employees, agents, designees, orcontractors, normal wear and tear excepted, will be charged back to the responsibleConcessionaire. A minimum of sixty (60) days prior to the commencement of occupancy and for all subsequent fiscal years, the City shall prepare an expense budget identifying the expenses in the same manner as identified above and a projection of the CFC revenues anticipated to be collected and shall submit such expense budget to the Concessionaire for review and comment. Following consultation with Concessionaire, the City will establish the Base Rent that will be effective for that fiscal year and may adjust the amount of any CFC during the term of the Agreement to cover expenses and to avoid any contingent Base Rent. The Ordinancestates in pertinent part: "Section 9- 68.03: Customer Facility Charge Page 5 of 16 QTA Amendment- Enterprise 11 -1 -12 (B) The CFCs must be used to pay, or reimburse the Airport, for the costs associated with the design, acquisition, planning, development, construction, operation, maintenance, repair, equipment, and replacement of facilities and related improvements made use of in or connected to the business of renting cars at the Airport. Any or all of the CFCs collected may be pledged to the punctual payment of debt service on obligations (and any other pecuniary obligation) issued by or on behalf of the City for the benefit of the Airport for the cost of the car rental portion of facilities, parking lots, buildings, and other improvements, and to create and maintain reasonable operating and maintenance reserves as well as capital asset repair and replacement reserves. Eligible costs for the car rental facilities and related improvements include all costs, fees, and expenses associated with the design, acquisition, planning, development, construction, equipping, operation and maintenance, capital repair and replacement, and site improvement. Nothing herein shall be construed to make fees, costs, or expenses incurred in tenant improvements for space exclusively used by a Car Rental Company ineligible. "Equipping" for the purposes of this section is limited to providing necessary equipment within the common use areas and car maintenance bays of the car rental facilities. "Operation and maintenance" for the purposes of this section does not include fees, costs, or expenses incurred for or associated with consumables, such as paper supplies, oils and lubricants, or other products used in the business of the car rental facilities." "Section 9- 68.05: Collections. (A) All CFCs collected by all Car Rental Companies are and shall be funds held by the Car Rental Companies in trust for the City for the benefit of the Airport and recognizing the third party beneficiary status of any holders of any debt obligations issued by the City for the benefit of the Airport. Car Rental Companies and their agents hold only a possessory interest in theCFCs and no equitable interest. All Car Rental Companies shall segregate, separately account for, and disclose all CFCs as trust funds in their financial statements and shall maintain adequate records that account for all CFCs charged and collected. Failure by a Car Rental Company to segregate the CFCs shall not alter or eliminate their trust fund nature. The Airport shall have the right to audit the CFC records of a Car Rental Company upon reasonable notice. (B) All Car Rental Companies shall remit all CFC funds that were collected or should have been collected from its Airport car rental customerson a monthly basis to the Airport. The CFCs shall be remitted on the 20th day of the month following the month the CFCs were collected. Failure of a Car Rental Company t o s trictly c omply with t his s ubparagraph s hall be c onsidered a material breach of the Car Rental Company's authorization to do business at the Airport." "Section 9- 68.06.Annual Rate Adjustments. (A) Each April, the Airport Director shall recalculate the Customer Facility Charge to be effective June 5 of the same year to recover the amount equivalent to the remaining portion of the amount pledged by the City to the Page 6 of 16 QTA Amendment- Enterprise 11 -1 -12 payment of debt service on obligations (or any pecuniary obligation related thereto) issued by or on behalf of the City for the benefit of the Airport. The Airport Director shall consider any written comments of the Car Rental Companies regarding the adjustment, but the Airport Director, with the concurrence of the Director of Financial Services, has the sole and final determination of the amount. (B) Notwithstanding anything herein to the contrary, the Customer Facility Charge shall not be less than $3.50 per Customer per Transaction Day." Following the completion of the year -end audit, in the event that CFC collections exceed the projected Base Rent requirement plus any projected major maintenance or projected capital investment requirements, the City will reimburse Concessionaire from the Airport QTA Fund for any Base Rent, as detailed in Section C(2) herein, actually paid by Concessionaire in prior year(s), in the form of a check to be paid by the twentieth (20th) day of the following month, during the term of this Amendment, so that Concessionaire is made whole as to their costs that the Ordinance authorizes to be paid by CFCs. D. Allocation and Reallocation ofnumbered queuing lanes as shown on ExhibitA: 1 } Concessionaire numbered queuing lanes will be allocated on an annual basis effective Au gust 1 o f e ach y ear o f t he Agreement a ccording to t he respective Market Share Percentages for the previous twelve (12) month period. Allocation of rows will be made in full row allocation only. A single row will not be allocated to more than one Concessionaire. In order to achieve an additional row upon annual re- allocation, a Concessionaire must have a market share percentage that commands 60% or more of a full row. 2) The Airport Director, in consultation with Con cessionai re, shall annually determine the allocation of each Concessionaire's numberedqueuing lanes , based on the previous twelve (12) month period market share and in keeping with full row allocation as detailed in E(1) above. The Airport Director's determination shall be final and binding, provided, however, that if the Airport Director determines that a Concessionaire's allocation is to increase, that Concessionaire may decline the reallocation and maintain their existing allocation. If a Concessionaire declines an increased allocation, it will be at the discretion of the Director to reallocate to the other Concessionaires based on the other Concessionaires' requests, but under no circumstance will there be less than a 100% allocation of all available numbered queuing lanes. Concessionaire will be provided an updated Exhibit A each year of this Amendment that will show the annual allocation by Concessionaire. E. Exhibits: If the Property is reallocated by the City, the Exhibits to this Agreement that are affected by such reallocation shall be superseded by replacement Exhibits provided by the City. F. Required and Permitted Uses: 1) The Property shall be used by Concessionaire only for the fueling, vehicle stacking, vehicle storing, washing, cleaning, detailing,and minor maintenance ofConcessionaire's vehicle inventory used in connection with its Original Agreement Page 7 of 16 QTA Amendment- Enterprise 11 -1 -12 at the Airport, and uses incidental and reasonably related thereto. Notwithstanding the foregoing requirement, Concessionaire may use the Property for the fueling and washing of Concessionaire's vehicle inventory not rented at the Airport facility only to the extent that such fueling and/or washing does not cause undue inconvenience or maintenance costs to the other Concessionaires or the Airport. Upon complaint by the Airport or a Concessionaire of such undue inconvenience or maintenance costs, the Airport Director has sole discretion to allow or disallow fueling and /or washing of Concessionaire's vehicle inventory not rented at the Airport facility. Examples of permissible minor maintenance include services such as oil changes, tire replacement, brake maintenance, windshield repair, and vehicle fluid replacement. Any other maintenance beyond this general description performed at the QTA is not permitted except as expressly authorized in this Agreement or in writing by the Airport Director. The Airport Director will have sole discretion to authorize maintenance other than what is identified in this Agreement and will take into consideration the impact of any such requests on the Concessionaire considering environmental liability, public perception, and overall airport operations. If the Airport Director authorizes maintenance other than what is identified in this Agreement for one Concessionaire, the Airport Director will authorize such maintenance in writing to all Concessionaires. 2) The Property shall not be used for any other purpose, and specifically shall not be used for Heavy Vehicle Maintenance, storage of any vehicles used in conjunction with any off - Airport rental car concession, storage of out -of- service and damaged vehicles for longer than twenty one (21) calendar days, and sales of new or used vehicles, o r au ctions o r I iquidation s ales. The Air port D irector, in h is /her s ole discretion, may allow occasional extended storage period for damaged vehicles, when the Airport Director agrees such extension is necessary due to extenuating circumstances identified by Concessionaire. 3) If any governmental license or permit, other than a certificate of occupancy, shall be required for the proper and lawful conduct of Concessionaire's business on the Airport, Concessionaire shall procure and maintain such license or permit, at its sole cost and expense, and shall submit the same, upon request, for inspection by the City. Concessionaire shall at all times comply with terms and conditions of each such license or permit. However, City shall be responsible to comply w ith all regulations, laws, and ordinances and shall obtain all necessary licenses and permits required to operate the QTA, including the fueling facility and wash bays, and City shall be responsible for compliance with all applicable regulations regarding reporting requirements for the QTA, including the fueling facility. 4) Compliance with Laws: Concessionaire shall not use or permit the Property, or any part thereof, to be used in whole or in part for any purpose other than as set forth above, nor for any use, operation or activity in violation of any present or future laws, ordinances, general rules or regulations at any time applicable thereto of any public or governmental authority. In the event that compliance reporting is required. Concessionaire agrees to make all reasonable efforts to cooperate with the City in providing any required information. G. Fueling Facilities and Charges: Page 8 of 16 QTA Amendment- Enterprise 11 -1 -12 1) City agrees to purchase and have delivered to the Property the required fuel to be utilized by the Concessionaire for the purpose of conducting the concession operation. Concessionaire agrees to purchase and use only the fuel from the fueling station at the Property for all vehicles used as rental vehicles at the Airport. Failure to purchase fuel from the QTA shall be considered a material default under the terms of this Agreement; unless such fuel in unavailable from the City or if the City provides prior written consent. 2) The cost per gallon (U.S. Gallon) charged to Concessionaire will be based on the City's contract cost per gallon (including all applicable taxes, surcharges, delivery charges, fees and all discounts and volume rebates obtained by City) plus five cents ($0.05) per gallon. 3) City shall make all good faith efforts to obtain an acceptable grade and quality of fuel at the lowest cost available and have an adequate fuel supply available at all times unless the availability of fuel is disrupted due to reasons beyond the reasonable control of the City. 4) City will provide Concessionaire fuel keys in sufficient quantity reasonable to allow Concessionaire to fuel its vehicles without disruption as determined by the Airport Director in consultation with the Concessionaire, which activate both the fuel pumps as well as the entrance and exit gates. City's fuel system will track fuel dispensed with a computerized fuel management system. Any shortages or variations of inventory not directly attributable to the actions of the City will be charged to Concessionaire based on Market Share if the shortage cannot be reconciled. 5) City w ill inv oice Concessionaire monthly for the fuel dispensed at the QTA by Concessionaire into its vehicle inventory, subject to Section G (1) herein.The invoice shall list the total amount of the gallons of fuel pumped by the Concessionaire for the preceding month, applicab[e taxes and destination charges, the price per gallon, and the $0.05dispensing fee per gallon due to the City. 6) Concessionaire shall pay the invoice on or before thefifteenth(15th) dayof the month following, the month for which fuel was provided, pursuant to Article 1V(e) of the Original Agreement Failure to pay invoices in a timely manner may result in City denying access to t he f uel system (deactivating Concessionaire's f uel keys), in addition to other remedies provided for in theOriginal Agreement, until all amounts owed to City are paid in full, though not without notice and opportunity to cure pursuant to Article Xlll g. of the Original Agreement. In the event that the Concessionaire desires to pay the invoice by credit card, any costs associated with processing the credit card payment will be added to the invoice and shall be remitted to the City in addition to the payment due. Failure to make payment following notice as called for in theOriginal Agreement shall constitute a default under the terms of the Original Agreement and the City will have the rights associated with Article XIII of theOriginal Agreement. 7) A security deposit in the form of a bond, certified check, cashier's check, or other form acceptable to the City equal to two (2) months' average fuel pumped for the previous six (6) months or if six (6) months of data is not available, the two (2) months of the average of theavailable data will be required prior to the activation of Concessionaire's access to the fuel system. If Concessionaire does not provide a Page 9 of 16 QTA Amendment- Enterprise 11 -1 -12 reasonable estimate for the purpose of establishing the security deposit requirement, the City will set the security deposit amount required at its sole discretion.City shall draw against such security deposit when Concessionaire does not remedy payment after notice and opportunity to cure set forth above in subsection (6). Concessionaire will be required to restore the security deposit balance to the required amount within five (5) working days of written notice of draw down. 8) City agrees to provide regular grade unleaded fuel to the Property on a timely basis. 9) Concessionaire agrees to use the fueling system and all associated apparatus in accordance with all safety instructions and shall immediately notify Airport personnelin writing, as outlined in the Operations Manual, of any safety or hazardous conditions that may exist. City or its contractor shall provide safety training regarding the fueling facility to Concessionaire prior to date of occupancy of the QTA by Concessionaire. Concessionaire is responsible for and agrees to hold City harmless for Concessionaire's misuse or negligent use or operation of the fueling system and any damages or injuries incurred as a result of such misuse or negligent use. H. Maintenance, Utilities, Security, and Custodial Services for QTA Property 1) Maintenance of Property - Except where maintenance required exceeds that associated with normal wear and tear and is a result of the negligence of Concessionaire, its employees, agents, contractors and invitees, City agrees that during the term of this Agreement it shall keep, maintain and repair the Property, including Concessionaire's Tenant Improvements in its Exclusive Use Area and the cost for performing such services shall be included in the Base Rent as outlined in this Amendment. Concessionaire hereby expressly agreesat all times during the term of this Agreement to make all reasonable efforts to cooperate with City in keeping the Property in a clean, maintained, and in a sanitary condition. City agrees to perform all required maintenance of City's Fuel System. City shall also ensure that monthly leak detection is fully operational and in compliance with all local, state, and federal laws, regulations, and ordinances governing the operation of such Fuel System. Concessionaire shall have no responsibility to remove or permanently close the fuel storage tanks installed by the City. Concessionaire shall have no responsibility for City's maintenance, City's leak detection, or City's operation of theCity's Fuel System. Concessionaire shall not be liable to the City or any regulatory agency or agencies having jurisdiction over the operation of City's Fuel System for the violation of any local, state, and federal laws governing the operation of such Fuel System notwithstanding Concessionaire's responsibility as stated in Section H(11) herein. Concessionaire shall not be responsible for the release and clean -up of any Hazardous Substance as defined herein from the Fuel System, except when caused by acts or omissions of Concessionaire. Concessionaire shall not be deemed to be the operator of City's Fuel System, as the term "operator" is defined in any local, state, or federal laws governing the operation of the Fuel System. 2) Utilities- City shall provide standard heat, electricity, and air conditioning in the Exclusive and Co mmon U se Ar eas o n t he Q TA P roperty. P ayment f or t hese services shall be paid by Concessionaire as part of the Base Rent. In cases where Page 10 of 16 QTA Amendment- Enterprise 11 -1 -12 the City furnishes and delivers natural gas, electricity or water /sewer to the Property, the City does not guarantee the continuity or sufficiency of such supply, but the City will make reasonable efforts within the City's control to ensure such delivery. The City will not be liable for interruptions or shortages or insufficiency of supply or any loss or damage of any kind or character occasioned thereby if the same is caused by accident, act of God, fire, strikes, riots, war, inability to secure a sufficient supply from the utility company furnishing the City, or any other cause. Whenever the City shall find it necessary for the purpose of making repairs or improvements to any utility supply system it shall maintain, following consultation with Concessionaire, it shall have the right to suspend temporarily the delivery of natural gas, electricity or water. However, City agrees to make reasonable efforts to cause minimal disruption when possible. 3) Information Technology and Telephone Services: Concessionaire shall be responsible, at its sole cost, for providing all telephone and data services for its use and for obtaining any necessary permits. Systems installed by one Concessionaire shall not adversely affect other Concessionaires, tenants, or City. 4) Security of Property- City shall coordinate and enforce secured access to the Property for Concessionaire. Concessionaire shall abide by all security directives of the City. J. Customer Facility Charge ( "CFC "): Concessionaireis required to collect and remit to the City within twenty (20) calendar days following the end of the month in which the fee is collected, the total CFCs on all vehicle rental transactions originating at the Airport. City hereby agrees that during the term of this Agreement, CFC revenues collected by Concessionaire and remitted to City shall be used to offset Con cessionaire'sequal allocation of Base Rentand Market Share Base Rent as called for in this Amendment. If for any reason the CFC's collected, or any portion thereof, are insufficient to cover anticipated expenses identified in this Amendment, then any deficiency in the amounts otherwise owed by Concessionaire to City under this Amendment shall be paid to City by Concessionaire as part of Base Rent as calculated in accordance with this Amendment during the applicable contract year.The City may adjust the amount of the CFC during the Term of this Amendment following consultation with the Concessionaire. K. Delinquency Charge: Concessionaire agrees that in the event payments to the Cityfor any fees and charges are not received by the City on or before the respective due dates, as set forth in this Amendment, Concessionaire shall pay to the City a delinquency charge of one and one half percent (1 -112 %) of the amount due to City, for each month, calculated daily, that the amount due remains unpaid. However, the City agrees to provide written notice of such delinquency prior to assessing such charge for a first occurrence. Payments due the City shall be received by the City only on normal business days, Monday through Friday, and shall not be considered late if the date due falls on a weekend or legal City holiday provided payment is received on the next business day. A yearly schedule of City holidays shall be provided to Concessionaire upon request. Payment by Concessionaire and acceptance by City of a delinquent charge shall not be construed as a waiver or forfeiture of any other rights or remedies of the City contained elsewhere in this Page 11 of 16 QTA Amendment- Enterprise 11 -1 -12 Agreement, or as provided by law. For the purposes of this section, the date payments are received by City shall be the U. S. Postal Service cancellation date on the envelope transmitting the payment, or the date such payment is received by an authorized representative of the City if the payment is hand delivered. In the event of a dispute as to the amount to be paid, the City may accept without prejudice the sum tendered and, if a deficiency is determined, the foregoing delinquency charge shall apply only to such deficiency. The City may waive, for good cause, in its sole discretion, any delinquency charge upon written application of Concessionaire. L. Insurance: With regards to the QTA and any other property described in this Amendment, Concessionaire agrees to obtain and maintain all insurances as described in Exhibit "E" to the Original Agreement and shall name the City as additional insured as its interests appear hereunder for liabilities arising out of the conduct of Concessionaire, its officers, employees or agents for the Commercial General Liability and Business Auto Liability Insurance, with a waiver of subrogation in favor of the City for worker's compensation. Concessionaire shall be responsible to obtain all property insurance to insure Concessionaire's own property. However, the "Environmental Impairment Liability" description in Exhibit E is modified to read as follows: Environmental Impairment Liability to include $1,000,000 per claim Broad Form Pollution LiabilityCoverage Third Party Clean Up Concessionaire's Environmental Impairment policy coverage applies only to claims, damages, suits, judgments that are due to the negligence or wrongful acts of concessionaire, its officers, employees or agents. Concessionaire's Environmental Impairment policy coverage does not apply to any claims, damages, suits, judgments, clean up that are due to the acts of the City or any third -party contracted by the City to operate the QTA. City shall obtain the following insurance coverage to cover the City's exposures for the QTA: Property insurance for City owned facilities; and Storage Tank Liability to cover only City's liability exposures. M. Condition of the Property: Except as may be expressly provided elsewhere in this Agreement, the taking of possession of the Property by Concessionaire shall in itself constitute acknowledgment that the City shall not be obligated to make any Tenant improvements or modifications thereto. Concessionaire shall not be liable for any pre - existing conditions, latent defects, or damage not caused by Concessionaire. Concessionaire shall have no liability arising out of or in any way relating to the existence of any hazardous materials placed on, in or under the Property by any person or entity other than Concessionaire or any person or entity acting for, by or through Concessionaire or with Concessionaire's permission or acquiescence Page 12 of 16 QTA Amendment- Enterprise 11 -1 -12 N. Reserved Easements: The City reserves to itself and the right to grant to others in the future nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction) over, under, though, across, or on the Property in locations that will not unreasonably interfere with Concessionaire's use thereof. The City retains all mineral rights on the Airport property. O. Obligations of the City: The City agrees that use of the Property shall be limited to rental car companies with an On- Airport Rental Car Concession and Lease Agreement executed with the City. City reserves the right to retain third parties to operate, repair and maintain the Property, including without limitation, to operate and maintain the fueling system. P. Default: Either party may terminate the use of the QTA for other party's noncompliance of any terms of the Original Agreement or for noncompliance with terms of this Amendment, upon failure to cure after issuance of a thirty (30) days written notice. If this Amendment is terminated for Concessionaire's noncompliance with the terms of this Amendment or for Concessionaire's noncompliance with the terms of the Original Agreement and this Amendment, then the Concessionaire shall be liable to City for payment of remaining equal rent payments for the remainder of the Original Agreement term. City shall invoice and Concessionaire shall remit payment within thirty days for such remaining rental payments. In the event City subleases the Exclusive Use Areas to another concessionaire as a result of any Default termination, City will apply any rent received against the rent obligations of Concessionaire, but in no circumstances, will the amount applied exceed the total rent obligation. Q. Effective Date and Term: 1) The Effective Date of this Amendment is , 20_, subject to final City Council approval. Notwithstanding that, Concessionaire may occupy the Property on the date the Certificate of Occupancy is issued by the City Building Official for the Property or upon the Date of Beneficial Occupancy, whichever occurs first. As part of the transition plan, (described in Article IV (q) of the Original Agreement), from the existing Service and Maintenance Facilities ( "Facilities ") to the QTA, if Concessionaire occupies the QTA before the Effective Date, Concessionaire shall continue to pay rents for the existing Facilities under the Original Agreement through the close of business the day before the Effective date. Beginning on the Effective Date, rent and fees shah be paid pursuant to the QTA -based annual budget. As ofthe close of business the day before the Effective Date, rents for the existing Facilities shall cease. However, notwithstanding the foregoing, Concessionaire shall continue to pay full rent for the existing Facilities until said existing Facilities are completely vacated by Concessionaire. Upon the Effective Date of this Amendment, the Term of the Original Agreement shall be extended for a new base period such that the Term of the Original Agreement and this Amendment are identical and such Term shall be extended for a new base period of five (5) years commencing on the Effective Date and ending on the last day of the fifth (5th) full fiscal year thereafter ( "Base Term "). Upon the Effective Page 13 of 16 QTA Amendment- Enterprise 11 -1 -12 Date of this Amendment the use of "Term" and "Base Term" shall apply to the Original Agreement and this Amendment. 2) Renewal Option: Upon the expiration of the Base Term, and upon the mutual agreement of the City Manager or his designee and Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, Concessionaire will have two (2) separate, successive options (each a "Renewal Option ") to extend the term for additional periods of five (5) years (each a "Renewal Term "). The first Renewal Term will commence upon the expiration of the Base Term. Each successive Renewal Term will commence upon the expiration of the previously exercised Renewal Term. The first Renewal Option, upon the mutual agreement of the City Manager or his designee and the numeric majority of all Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the Base Term. Subsequent Renewal Options may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the previously exercised Renewal Term. Each Renewal Term will be upon the same terms and conditions as during the Base Term, except as otherwise provided. 3) Termination: Concessionaire may terminate the Original Agreement and this Amendment upon the expiration of the initial BaseTerm or any Renewal Term with no further obligations other than what is contained in the Original Agreement and this Amendment. 4) Upon the Effective Date, the Minimum Annual Guarantee ( "MAG ") payments will be recalculated to eighty -five percent(85 %) of ten percent(10 %) of the average of the most immediate prior twelve (12) monthsof Gross Revenues as such term is defined in the Original Agreement.At the commencement of each exercised Option period, the MAG for any exercised option periods shall also be recalculated at eighty -five percent (85 %) of ten percent (10 %) of the average of the most immediate prior twelve (12) months Gross Revenues at the commencement of each option period. In the event that extraordinaryconditions arise that will significantly impact the operations of Concessionaire,at the discretion of the Airport Director, the City agrees to consult withConcessionaireon the potential for adjustment of the MAG. Concessionaireagrees to comply with any request to provide adequate background information detailing the basis for the request and present the same to the Airport Director for review. Any adjustments will be at the sole discretion of the City. 5) The right granted in the Article VI of the Original Agreement with respect to Concessionaire's use or construction of underground or aboveground storage tanks is explicitly repealed. Concessionaire shall not have right to use or construct any existing underground storage tank or aboveground storage tankfollowing the effective date of this amendment. 6) Concessionaire must vacate the Service and Maintenance f=acility Premises allocated under the Original Agreement for service and maintenance facilities at the Airport within two (2) weeks of written notification from the Airport Director. City will remove all improvements from the existing facilities and if remediation is required, the cost of any such remediation shall be the responsibility of the Concessionaireor Page 14 of 16 QTA Amendment- Enterprise 11 -1 -12 entity that caused the requirement for remediation. City will consult with Concessionaire as to the scope of remediation services required; however, it is agreed that all remediation will be sufficient to meet or exceed and local, State, and/or Federal requirements. Concessionaire will be notified of the improvement removal process and will be given the opportunity to be present at the removal, testing and remediation upon the Premises. Upon completion of the remediation, any payment due shall be remitted to the City on the fifteenth (151h) of the month following invoice. If there is any property remaining after such date that must be disposed of by the demolition contractor at an additional expense, Concessionaire shall pay all costs for disposal if such property is not removed after ten (10) days' written notice by Airport Director to Concessionaire. 7) Article III Sections k, I, m and Exhibit C, of the Original Agreement are repealed upon effective date of this Amendment. Gasoline dispensed in accordance with the Terms of the Amendment at the Property shall be excluded from Article VI n of the Original Agreement. 8) All other terms and conditions of the previously executed Original Agreement between the parties which are not inconsistent herewith, shall apply to the use of the additional Property, and shall continue in full force and effect. R. Parking Space Sales Tax: Pursuant to Article III{j) of the Original Agreement, Concessionaire shall pay monthly rent to the City for allocated Parking Spaces. As of the Effective date of this Amendment, Concessionaire shall, in addition to paying rent on said allocated Parking Spaces, also pay the applicable sales tax per month for each parking spaceallotted to Concessionaire. IN WITNESS WHEREOF,the parties hereto have themselves or through their duly authorized officers executed this Amendment, to be effective upon execution by the City Manager. EXECUTED IN DUPLICATE ORIGINALS this day of 2012, by the authorized representative of the parties. ATTEST: Armando Chapa City Secretary City of Corpus Christi, Texas Ron Olson City Manager CONCESSIONAIRE: EAN Holdings, L.L.C., a Delaware company and wholly owned subsidiary of Enterprise Rent -A -Car Company, doing business as Enterprise Rent -A -Car Page 15 of 16 QTA Amendment- Enterprise 11 -1 -12 By: zl�t;'W Name: Bill Gold Title: Vice President / General Manager Date: 12/14/2012 STATE OF Texas COUNTY OF Bexar This instrument was acknowledged before me an bg- ceAbe,( i+ , 2012, by Bill Gold as Vice President / General Manager of EAN Holdings, LLC, a Delaware company, on behalf of said company. GRNQYMATT'MEIN9 COMMISSION EXPIRES =+j ` MSM 26, 2018 Page 16 of 16 QTA Amendment- Enterprise 11 -1 -12 FIRST AMENDMENT TO THE ON- AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI 'AND THE HERTZ CORPORATION WHEREAS, the City of Corpus Christi (the "City ") and The Hertz Corporation, a Delaware corporation, and its wholly owned subsidiary, Simply Wheelz LLC, a Delaware limited liability company, doing business as Advantage Rent -A -Car, a company operating under the laws of the State of Texas ( "Concessionaire ") previously executed an On- Airport Rental Car Concession and Lease Agreement dated November 1, 2009 ( "Original Agreement "); WHEREAS, The Hertz -Corporation sold Simply Wheelz LLC effective December 12, 2012; WHEREAS, the City and The Hertz Corporation have executed an amended Original Agreement to reflect the City and The Hertz Corporation as the only parties to that amended Original Agreement; WHEREAS, the parties to this Amendment are the City and The Hertz Corporation. Simply Wheelz LLC is not a party to this Amendment; WHEREAS, the City is in the process of constructing a new consolidated service facility and fueling facility, referred. to as the Quick Turn Around Facility ( "QTA ") to be used for fueling, cleaning, minor maintenance, staging, and storing of the rental car fleet; WHEREAS, the parties hereto desire to amend the Original Agreement to incorporate the use of the new QTA; NOW, THEREFORE, the parties agree as follows to amend the Original Agreement by adding new Article XXVIII ( "Amendment ") as follows: Article XXVIII Quick Turnaround Facility A. Definitions: The following terms, when used in this Article XXVI11 with the initial letter(s) capitalized, whether in the singular or the plural, shall have the following meaning. Capitalized terms not defined below shall have the meaning as set forth in the Original Agreement: "Airport Caorpus Christi International Airport. "Airport QTA__Fund ": rund designated by the Airport for CFGS collected by Concessionaire and paid to the Airport. "Amendment ": This First Amendment to the On- Airport Rental Car Concession and Lease Agreement that adds a new Article XXVIII. Page 1 of 16 QTA Amendment- Herz 1 -15 -13 "Base Rent" or" Rent ": An amount net of CFCs required to offset the QTA costs as identified in Sections C and D below. "CFC" or "CFCs ": The Customer Facility Charge, as determined from time to time by the City as related to the QTA and required to be collected by the Concessionaire and the Other Concessionaires for all transactions conducted at the Airport. "City ": The City of Corpus Christi, Texas. "Common Use Area(s) ": All facilities and land contained in the QTA that are available for use by Concessionaire and the Other Concessionaires for their common use as identified in Exhibit A and Exhibit C attached hereto. "Concessionaire ": Any individual or business entity that has an existing lease or concession agreement with the Airport for the purpose of renting vehicles to Customers who originate from Airport property, as stated in Corpus Christi City Ordinance No. 028575. "Date of Beneficial Occupancy": Following issuance of a Certificate of Occupancy, the date upon which the tenant substantially occupies the premises and conducts the primary activities associated with the operation of the concession. "Director" or "Airport Director": The Director of Aviation employed by the City or his or her designee. "Exclusive Use Areas) ": All facilities available and ]eased only to Concessionaire and no other for Concessionaire's exclusive use as identified in Exhibit B attached hereto. "Fuel System ": Shall include all the fuel storage tank(s), product piping, vent piping, fuel dispensers, nozzles, hoses, Stage 1 and II vapor recovery equipment, if applicable, under dispenser containment sump, turbine sump, fill port, spill buckets, and all leak detection devices. "Improvements": Buildings, landscaping and all other permanent improvements constructed or modified from time to time at the premises. "Fleayy Vehicle Maintenance ": Any type of body work or work performed on the vehicle drivetrain, and anything beyond permissible minor maintenance. "Land Rent ": Land Bent shall be that amount set by the City as rent for the land occupied under this Amendment which will be based on are appraisal by a Registered Third Marty Appraiser based on comparable facilities to be updated every five (5) years beginning in April, 2016. "Market Share or Market Share Perceni ?cLp` °; The amount, expressed as a percentage, equal to the quotient of (i) Concessionaire's on-- Airport Gross Revenues as defined in Article IV, Section (i) of the Original Agreement during the inimcdiately preceding twelve (12) months' period, divided by (ii) the sum of the on Airport Gross Revenues of Concessionaire and the Other Concessionaires during such twelve (12) months' period. "Operations Manual ": The manual that will be developed by the City and Concessionaires upon occupancy of the QTA that defines the daily operating procedures Page 2 of 16 QTA Amendment- Hertz 1 -15 -13 for conducting operations at the QTA, the use of Common Use facilities, security and safety procedures that will be enacted, and conflict resolution processes. The Operations Manual is subject to amendment and change. The most current master version will be kept in the office of the Director. "Ordinance ": Corpus Christi Ordinance No. 028575, Amending the Code of Ordinances, Chapter 9, "Aviation," by Creating New Section 9 -68, Entitled "Car Rental Customer Facility Charge," passed by the Corpus Christi City Council on April 20, 2010. "Original Agreement ": The previously executed On- Airport Rental Car Concession and Lease Agreement by and between the City and Concessionaire dated November 1, 2009. "Other Concessionaires ": All on- Airport rental car Concessionaires that are parties to an Original Agreement with the City, other than Concessionaire, and any Replacement Rental Car Company (as defined below). "QTA" or "Property": Means the City -owned Quick Turn Around Facility Area as depicted on the attached Exhibit A, Exhibit B, and Exhibit C attached hereto. "Replacement Rental Car Company_ "_ A rental car company who has executed an Original Agreement sublease or assignment agreement, approved in writing by the Director, to replace Concessionaire or an Other Concessionaire that defaulted under a lease with the City under terms similar to the Original Agreement: "Tenant Improvements ": Any improvements, furniture, trade fixtures or equipment construct or placed upon the Property by Concessionaire, Other Concessionaire, or Replacement Rental Car Company or the City. "Vehicle Stacking Spaces ": Those Common Use Areas as depicted on Exhibit A, also referred to herein as queuing lanes, for use in common by Concessionaire for parking its vehicles for use as rentals at the Airport in the QTA. The Spaces will be subject to adjustment as called for in this Amendment. "Vehicle Storage Spaces"., Those Common Use Areas as depicted on Exhibit A, for use in common by Concessionaire for storing its vehicles for use at the QTA. The spaces will be subject to adjustment as called for in this Amendment. 1 . Additional Promises The City does lease to Concessionaire, and Concessionaire does lease frorn the City, the additional property at the QTA as depicted on Exhibit A, Exhibit B, and Exhibit C, for Concessionaire's Exclusive Use and Common Use Areas. An Operations Manual will be on file in the Director's office and may be amended from time to time that will define tile, operating procedures that will be in place for- use of the Additional Premises. 1} The Common Use Areas shown on Exhibit A and Exhibit C as allocated according to Section E below; shall include the following: a. Lanes for queuing Concessionaire's rental car fleet at the QTA for: Fueling Page 3 of 16 QTA Amendment- Heliz 1 -15 -13 ii. Cleaning of vehicles iii. 12 fuel dispensing bays iv. 3 car wash bays b. Employee parking spaces o. In- fleeting and out - fleeting parking lanes d. Short term vehicle storage e. Fuel farm serving QTA 2) The Exclusive Use areas shown on Exhibit B include the following: a. Eight hundred fifty (850) square feet of office space for each Concessionaire's exclusive administrative office purposes; b. Seven hundred seventy five (775) square feet for maintenance bay for each Concessionaire's exclusive use. C. Base Rent: 1) Concessionaire shall have Exclusive Use and Common Use of the portions of the Property as depicted in attached Exhibits A, B, and C for Concessionaire's purposes and subject to reallocation as provided in Section E below. 2) Base Rent of the Exclusive Use and Common Use Areas as depicted in Exhibits A, B, and C attached shall be calculated on an annual basis. The Base Rent requirement shall be the sum of the following expenses, all of which are eligible: a. All costs of construction whether funded with cash or any borrowing instrument b. Debt service coverage requirement C. Land rent d. Major maintenance costs e. Repair and replacement account funding f. City provided insurance related to the QTA g. Utility costs associated with the QTA h. Direct labor costs for maintenance and operation of the QTA i. Operating and maintenance costs associated with operating the 0-1 -A j. Administrative costs associated with the management of the QTA k. All permits and licenses directly related to the QTA 1. Landscaping on land leased as part of the QTA rn. Bad debt from vendor or concessionaire related to the OTA n. Other reasonable costs incurred by the City relating to operation of the C) I-A o. A deficit of prior year(s)' CFC collections applied toward Lase I:ent CFCs collected shall first be applied to offset the expenses in the priority identified above. The expenses listed above authorized by the Ordinance, incorporated herein by reference, apply only to Concessionaire's operations at the QTA and not to Concessionaire's operations at any other location at or outside of the Airport. In Page 4 of 16 QTA Amendment- Hertz 1 -15 -13 the event the total CFCs collected are available to fully offset the expenses in any budget year, then no Base Rent will be due. If the total CFCs collected are not sufficient to offset the expenses as identified above, Base Rent will be established for any deficit in the total amount required. Base Rent will be charged based on the following formula: Fifty percent (50 %) will be divided equally among the Concessionaires based on their share of Exclusive Use Area. Payment for the portion of Base Rent charged based on equal allocation among Concessionaires is due and payable on the first day of the month for which rent is due. Following- the completion of the contract year and the final audit by the City, the City will recalculate the requirement for each Concessionaire against the actual Base Rent and CFCs received and if any shortfall payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15t') of the month following invoicing. If the Base Rent payment, less CFCs, paid to the City during the year exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due by the fifteenth (15th) of the month, subject to the process defined in Section 3 of Exhibit "D" to the Original Agreement. 2. Fifty percent (50 %) will be based on Market Share of Concessionaires. Payment for the portion of The Base Rent based on Market Share that will be effective for that contract year will be projected at the beginning of the contract year based on Market Share and payment will be due and payable for this portion of the Base Rent on the first day of the month for which rent is due. Following the completion of the contract year and the final audit by the City, the City will recalculate the Market Share Base Rent requirement based on actual payments and CFCs collected and remitted. If any payment is due the City, the City will invoice Concessionaire for any amounts due and payment shall be due and payable on the fifteenth (15th) of the month following invoice. If the estimated Base Rent, less CFCs, payment paid exceeds the amount due, the City will issue a credit to the Concessionaire for the amount due on the fifteenth (15th) of the month, subject to the process defined in Section 3 of Exhibit "D" to the Original Agreement. Notwithstanding the foregoing, to whatever extent possible, if the total CFCs collected are not sufficient to offset the Base Rent expenses set out above, such shortfall will be calculated at the end of the fiscal year and will be rolled over to the next fiscal year so that, to the extent possible and at the discretion of the Airport Director, Concessionaire will not be required to submit payment to the City for such shortfall but, instead, may overcome such shortfall with a future surplus of CI -Cs collected. Repairs required as a result of direct damage by Concessionaire employees, agents, designees, or contractors, normal wear and tear oxcepted, will be charged back to the responsible Concessionaire. A minimum of sixty (60) days prior to the commencement of occupancy and for all subsequent fiscal years, the City shall prepare an expense budget identifying the expenses in the same manner as identified above and a projection of the C1=C Page 5 of 16 QTA Amendment- Hertz 1 -15 -13 revenues anticipated to be collected and shall submit such expense budget to the Concessionaire for review and comment. Following consultation with Concessionaire, the City will establish the Base Rent that will be effective for that fiscal year and may adjust the amount of any CFC during the term of the Agreement to cover expenses and to avoid any contingent Base Rent. The Ordinance states in pertinent part: "Section 9- 68.03: Customer Facility Charge (B) The CFCs must be used to pay, or reimburse the Airport, for the costs associated with the design, acquisition, planning, development, construction, operation, maintenance, repair, equipment, and replacement of facilities and related improvements made use of in or connected to the business of renting cars at the Airport. Any or all of the CFCs collected may be pledged to the punctual payment of debt service on obligations (and any other pecuniary obligation) issued by or on behalf of the City for the benefit of the Airport for the cost of the car rental portion of facilities, parking lots, buildings, and other improvements, and to create and maintain reasonable operating and maintenance reserves as well as capital asset repair and replacement reserves. Eligible costs for the car rental facilities and related improvements include all costs, fees, and expenses associated with the design, acquisition, planning, development, construction, equipping, operation and maintenance, capital repair and replacement, and site improvement. Nothing herein shall be construed to make fees, costs, or expenses incurred in tenant improvements for space exclusively used by a Car Rental Company ineligible. "Equipping" for the purposes of this section is limited to providing necessary equipment within the common use areas and car maintenance bays of the car rental facilities. "Operation and maintenance" for the purposes of this section does not include fees, costs, or expenses incurred for or associated with consumables, such as paper supplies, oils and lubricants, or other products used in the business of the car rental facilities." "Section 9- 68.05: Collections. (A) All CFCs collected by all Car Rental Companies are and shall be funds held by the Car Rental Companies in trust for the City for the benefit of the Airport and recognizing the third party beneficiary status of any holders of any debt obligations issued by the City for the benefit of the Airport. Car Rental Companies and their agents hold only a possessory interest in the CFCs and no equitable interest. All Car Rental Companies shall segregate, separately account for, and disclose all CFCs as trust funds in their financial statements and shall maintain adequate records that account for all CFCs charged and collected. f=ailure by a Car Rental Company to segregate the CFCs shall not alter or eliminate their trust fund nature. The Airport shall have the right to audit the CFC records of a Car Rental Company upon reasonable notice. (B) All Car Dental Companies shall remit all CFC funds that were collected or should have been collected from its Airport car rental custor-ners on a monthly basis to the Airport. The CFCs shall be remitted on the 20t"day of the month following the month the CFCs were collected. Failure of a Car Rental Page 6of16 QTA AmendmeIlt- Heilz 1 -15 -13 Company to strictly comply with this subparagraph shall be considered a material breach of the Car Rental Company's authorization to do business at the Airport." "Section 9- 68.06. Annual Rate Adjustments. (A) Each April, the Airport Director shall recalculate the Customer Facility Charge to be effective June 5 of the same year to recover the amount equivalent to the remaining portion of the amount pledged by the City to the payment of debt service on obligations (or any pecuniary obligation related thereto) issued by or on behalf of the City for the benefit of the Airport.. The Airport Director shall consider any written comments of the Car Rental Companies regarding the adjustment, but the Airport Director, with the concurrence of the Director of Financial Services, has the sole and final determination of the amount. (B) Notwithstanding anything herein to the contrary, the Customer Facility Charge shall not be less than $3.50 per Customer per Transaction Day." Following the completion of the year -end audit, in the event that CFC collections exceed the projected Base Rent requirement plus any projected major maintenance or projected capital investment requirements, the City will reimburse Concessionaire from the Airport QTA Fund for any Base Rent, as detailed in Section C(2) herein, actually paid by Concessionaire in prior year(s), in the form of a check to be paid by the twentieth (20th) day of the following month, during the term of this Amendment, so that Concessionaire is made whole as to their costs that the Ordinance authorizes to be paid by CFCs. D. Allocation and Reallocation of numbered queuing lanes as shown on Exhibit A: 1) Concessionaire numbered queuing lanes will be allocated on an annual basis effective August 1 of each year of the Agreement according to the respective Market Share Percentages for the previous twelve (12) month period. Allocation of rows will be made in full row allocation only. A single row will not be allocated to more than one Concessionaire. in order to achieve an additional row upon annual re- allocation, a Concessionaire must have a market share percentage that commands 60% or more of a full row. 2) -rhe Airport Director, in consultation with Concessionaire, shall annually determine the allocation of each Concessionaire's numbered queuing lanes , based on the previous twelve (12) month period market share and in keeping with full row allocation as detailed in E(1) above. The Airport Director's determination shall be final and binding, provided, however, that if the Airport Director determines that a Concessionaire's allocation is to increase, that Concessionaire may decline the reallocation and maintain their existing allocation. If a Concessionaire declines an increased allocation, it will be at the discretion of the Director to reallocate to the other Concessionaires based on the other Concessionaires' requests, but under no circumstance will there be less than a 100% allocation of all available numbered queuing lanes. Concessionaire will be provided an updated Exhibit A each year of this Amendment that will show the annual allocation by Concessionaire. Page 7 of 16 QTA Amendment- Hertz 1 -15 -13 E. Exhibits: If the Property is reallocated by the City, the Exhibits to this Agreement that are affected by such reallocation shall be superseded by replacement Exhibits provided by the City. F. Required and Permitted Uses: 1) The Property shall be used by Concessionaire only for the fueling, vehicle stacking, vehicle storing, washing, cleaning, detailing, and minor maintenance of Concessionaire's vehicle inventory used in connection with its Original Agreement at the Airport, and uses incidental and reasonably related thereto. Notwithstanding the foregoing requirement, Concessionaire may use the Property for the fueling and washing of Concessionaire's vehicle inventory not rented at the Airport facility only to the extent that such fueling and/or washing does not cause undue inconvenience or maintenance costs to the other Concessionaires or the Airport. Upon complaint by the Airport or a Concessionaire of such undue inconvenience or maintenance costs, the Airport Director has sole discretion to allow or disallow fueling and /or washing of Concessionaire's vehicle inventory not rented at the Airport facility. Examples of permissible minor maintenance include services such as oil changes, tire replacement, brake maintenance, windshield repair, and vehicle fluid replacement. Any other maintenance beyond this general description performed at the QTA is not permitted except as expressly authorized in this Agreement or in writing by the Airport Director. The Airport Director will have sole discretion to authorize maintenance other than what is identified in this Agreement and will take into consideration the impact of any such requests on the Concessionaire considering environmental liability, public perception, and overall airport operations. If the Airport Director authorizes maintenance other than what is identified in this Agreement for one Concessionaire, the Airport Director will authorize such maintenance in writing to all Concessionaires. 2) The Property shall not be used for any other purpose, and specifically shall not be used for Heavy Vehicle Maintenance, storage of any vehicles used in conjunction with any off - Airport rental car concession, storage of out -of- service and damaged vehicles for longer than twenty one (21) calendar days, and sales of new or used vehicles, or auctions or liquidation sales. The Airport Director, in his/her sole discretion, may allow occasional extended storage period for damaged vehicles, when the Airport Director agrees such extension is necessary due to extenuating circumstances identified by Concessionaire. 3) If any governmental license or permit, other than a certificate of occupancy, shall be required for the proper and lawful conduct of Concessionaire's business on the Airport, Concessionaire shall procure and maintain such license or permit, at its sole cost and expense, and shall submit the same, upon request, for inspection by the City. Concessionaire shall at all times comply with terms and conditions of each such license or permit. However, City shall be responsible to comply with all regulations, laws, and ordinances and shall obtain all necessary licenses and permits required to operate the QTA, including the fueling facility and wash bays, and City shall be responsible for compliance with all applicable regulations regarding reporting requirements for the QTA, including the fueling facility. Wage 8 of 16 QTA Amendment- Hertz 1 -15 -13 4) Compliance with Laws: Concessionaire shall not use or permit the Property, or any part thereof, to be used in whole or in part for any purpose other than as set forth above, nor for any use, operation or activity in violation of any present or future laws, ordinances, general rules or regulations at any time applicable thereto of any public or governmental authority. In the event that compliance reporting is required. Concessionaire agrees to make all reasonable efforts to cooperate with the City in providing any required information. G. Fueling Facilities and Charges: 1) City agrees to purchase and have delivered to the Property the required fuel to be utilized by the Concessionaire for the purpose of conducting the concession operation. Concessionaire agrees to purchase and use only the fuel from the fueling station at the Property for all vehicles used as rental vehicles at the Airport. Failure to purchase fuel from the QTA shall be considered a material default under the terms of this Agreement; unless such fuel in unavailable from the City or if the City provides prior written consent. 2) The cost per gallon (U.S. Gallon) charged to Concessionaire will be based on the City's contract cost per gallon (including all applicable taxes, surcharges, delivery charges, fees and all discounts and volume rebates obtained by City) plus five cents ($0.05) per gallon. 3) City shall make all good faith efforts to obtain an acceptable grade and quality of fuel at the lowest cost available and have an adequate fuel supply available at all times unless the availability of fuel is disrupted due to reasons beyond the reasonable control of the City. 4) City will provide Concessionaire fuel keys in sufficient quantity reasonable to allow Concessionaire to fuel its vehicles without disruption as determined by the Airport Director in consultation with the Concessionaire, which activate both the fuel pumps as well as the entrance and exit gates. City's fuel system will track fuel dispensed with a computerized fuel management system. Any shortages or variations of inventory not directly attributable to the actions of the City will be charged to Concessionaire based on Market Share if the shortage cannot be reconciled. 5) City will invoice Concessionaire monthly for the fuel dispensed at the QTA by Concessionaire into its vehicle inventory, subject to Section G (1) herein. The invoice shall list the total amount of the gallons of fuel pumped by the Concessionaire for the preceding month, applicable taxes and destination charges, the price per gallon, and the $0.05 dispensing fee per gallon due to the City. 6) Concessionaire shall pay the invoice on or before the fifteenth (15th) day of the month following, the month for which fuel was provided, pursuant to Article IV(e) of the Original Agreement Failure to pay invoices in a timely manner may result in City denying access to the fuel system (deactivating Cor1cessionaire's fuel keys), in addition to other remedies provided for in the Original Agreement, until all amounts owed to City are paid in full, though not without notice and opportunity to cure pursuant to Article XIII g. of the Original Agreement. In the event that the Concessionaire desires to pay the invoice by credit card, any costs associated with processing the credit card payment will be added to the invoice and shall be remitted Page 9 of 16 QTA Amendment- Hertz 1 -15 -13 to the City in addition to the payment due. Failure to make payment following notice as called for in the Original Agreement shall constitute a default under the terms of the Original Agreement and the City will have the rights associated with Article XIII of the Original Agreement. 7) A security deposit in the form of a bond, certified check, cashier's check, or other form acceptable to the City equal to two (2) months' average fuel pumped for the previous six (6) months or if six (6) months of data is not available, the two (2) months of the average of the available data will be required prior to the activation of Concessionaire's access to the fuel system. If Concessionaire does not provide a reasonable estimate for the purpose of establishing the security deposit requirement, the City will set the security deposit amount required at its sole discretion. City shall draw against such security deposit when Concessionaire does not remedy payment after notice and opportunity to cure set forth above in subsection (6). Concessionaire will be required to restore the security deposit balance to the required amount within five (5) working days of written notice of draw down. 8) City agrees to provide regular grade unleaded fuel to the Property on a timely basis. 9) Concessionaire agrees to use the fueling system and all associated apparatus in accordance with all safety instructions and shall immediately notify Airport personnel in writing, as outlined in the Operations Manual, of any safety or hazardous conditions that may exist. City or its contractor shall provide safety training regarding the fueling facility to Concessionaire prior to date of occupancy of the QTA by Concessionaire. Concessionaire is responsible for and agrees to hold City harmless for Concessionaire's misuse or negligent use or operation of the fueling system and any damages or injuries incurred as a result of such misuse or negligent use. H. Maintenance, Utilities, Security, and Custodial Services for QTA Property 1) Maintenance of Property - Except where maintenance required exceeds that associated with normal wear and tear and is a result of the negligence of Concessionaire, its employees, agents, contractors and invitees, City agrees that during the term of this Agreement it shall keep, maintain and repair the Property, including Concessionaire's Tenant Improvements in its Exclusive Use Area and the cost for performing such services shall be included in the Base Rent as outlined in this Amendment. Concessionaire hereby expressly agrees at all times during the term of this Agreement to make all reasonable efforts to cooperate with City in keeping the Property in a clean, maintained, and in a sanitary condition. City agrees to perform all required maintenance of City's Fuel System. City shall also ensure that monthly leak detection is fully operational and in compliance with all local, state, and federal laws, regulations, and ordinances governing the operation of such Fuel System. Concessionaire shall have no responsibility to remove or permanently close the fuel storage tanks installed by the City. Concessionaire shall have no responsibility for City's maintenance, City's leak detection, or City's operation of the City's Fuel System. Concessionaire shall not be liable to the City or any regulatory agency or agencies having jurisdiction over the operation of City's Fuel System for the violation of any local, state, and federal laws governing the operation of such Page 10 of 16 QTA Amendment- Hertz 1 -15 -13 Fuel System notwithstanding Concessionaire's responsibility as stated in Section H (11) herein. Concessionaire shall not be responsible for the release and clean -up of any Hazardous Substance as defined herein from the Fuel System, except when caused by acts or omissions of Concessionaire. Concessionaire shall not be deemed to be the operator of City's Fuel System, as the term "operator' is defined in any local, state, or federal laws governing the operation of the Fuel System. 2) Utilities - City shall provide standard heat, electricity, and air conditioning in the Exclusive and Common Use Areas on the QTA Property. Payment for these services shall be paid by Concessionaire as part of the Base Rent. In cases where the City furnishes and delivers natural gas, electricity or waterlsewer to the Property, the City does not guarantee the continuity or sufficiency of such supply, but the City will make reasonable efforts within the City's control to ensure such delivery. The City will not be liable for interruptions or shortages or insufficiency of supply or any loss or damage of any kind or character occasioned thereby if the same is caused by accident, act of God, fire, strikes, riots, war, inability to secure a sufficient supply from the utility company furnishing the City, or any other cause. Whenever the City shall find it necessary for the purpose of making repairs or improvements to any utility supply system it shall maintain, following consultation with Concessionaire, it shall have the right to suspend temporarily the delivery of natural gas, electricity or water. However, City agrees to make reasonable efforts to cause minimal disruption when possible. 3) Information Technology and Telephone Services: Concessionaire shall be responsible, at its sole cost, for providing all telephone and data services for its use and for obtaining any necessary permits. Systems installed by one Concessionaire shall not adversely affect other Concessionaires, tenants, or City. 4) Security of Property - City shall coordinate and enforce secured access to the Property for Concessionaire. Concessionaire shall abide by all security directives of the City. J. Customer Facility Charge ( "CFC "): Concessionaire is required to collect and remit to the City within twenty (20) calendar days following the end of the month in which the fee is collected, the total CFCs on all vehicle rental transactions originating at the Airport. City hereby agrees that during the term of this Agreement, CFC revenues collected by Concessionaire and remitted to City shall be used to offset Concessionaire's equal allocation of Base Rent and Market Share Base bent as called for in this Amendment. If for any reason the CFC's collected, or any portion thereof, are insufficient to cover anticipated expenses identified in this Amendment, then any deficiency in the arnounts otherwise owed by Concessionaire to City under this Amendment shall be paid to City by Concessionaire as part of Base Kent as calculated in accordance with this Amendment during the applicable contract year. The City may adjust the amount of the CFC during the Term of this Amendment following consultation with the Concessionaire. K. Delinquency Charge: Concessionaire agrees that in the event payments to the City for any fees and charges are not received by the City on or before the respective due dates, as set forth in this Page 11 of 16 QTA Amendment- Heitz 1 -15 -13 Amendment, Concessionaire shall pay to the City a delinquency charge of one and one half percent (1 -1/2 %) of the amount due to City, for each month, calculated daily, that the amount due remains unpaid. However, the City agrees to provide written notice of such delinquency prior to assessing such charge for a first occurrence. Payments due the City shall be received by the City only on normal business days, Monday through Friday, and shall not be considered late if the date due falls on a weekend or legal City holiday provided payment is received on the next business day. A yearly schedule of City holidays shall be provided to Concessionaire upon request. Payment by Concessionaire and acceptance by City of a delinquent charge shall not be construed as a waiver or forfeiture of any other rights or remedies of the City contained elsewhere in this Agreement, or as provided by law. For the purposes of this section, the date payments are received by City shall be the U. S. Postal Service cancellation date on the envelope transmitting the payment, or the date such payment is received by an authorized representative of the City if the payment is hand delivered. In the event of a dispute as to the amount to be paid, the City may accept without prejudice the sum tendered and, if a deficiency is determined, the foregoing delinquency charge shall apply only to such deficiency. The City may waive, for good cause, in its sole discretion, any delinquency charge upon written application of Concessionaire. L. Insurance: With regards to the QTA and any other property described in . this Amendment, Concessionaire agrees to obtain and maintain all insurances as described in Exhibit "E" to the Original Agreement and shall name the City as additional insured as its interests appear hereunder for liabilities arising out of the conduct of Concessionaire, its officers, employees or agents for the Commercial General Liability and Business Auto Liability Insurance, with a waiver of subrogation in favor of the City for worker's compensation. Concessionaire shall be responsible to obtain all property insurance to insure Concessionaire's own property. However, the "Environments[ Impairment Liability" description in Exhibit E is modified to read as follows: Environmental Impairment Liability to include $1,000,000 per claim Broad Form Pollution Liability Coverage Third Party Clean Up Concessionaire's Environmental Impairment policy coverage applies only to claims, damages, suits, judgments that are due to the negligence or wrongful acts of concessionaire, its officers, employees or agents. Concessionaire's Environmental Impairment policy coverage does not apply to any claims, damages, suits, judgments, clean up that are due to the acts of the City or any third -parly contracted by the City to operate the QTA. City shall obtain the following insurance coverage to cover the City's exposures for the QTA: Properly insuranco for City owned facilities; and Storage Tank Liability to cover only City's liability exposures. Page 12 of 16 QTA Amendment- Hertz 1 -15 -13 M. Condition of the Property: Except as may be expressly provided elsewhere in this Agreement, the taking of possession of the Property by Concessionaire shall in itself constitute acknowledgment that the City shall not be obligated to make any Tenant improvements or modifications thereto. Concessionaire shall not be liable for any pre - existing conditions, latent defects, or damage not caused by Concessionaire. Concessionaire shall have no liability arising out of or in any way relating to the existence of any hazardous materials placed on, in or under the Property by any person or entity other than Concessionaire or any person or entity acting for, by or through Concessionaire or with Concessionaire's permission or acquiescence N. Reserved Easements: The City reserves to itself and the right to grant to others in the future nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction) over, under, though, across, or on the Property in locations that will not unreasonably interfere with Concessionaire's use thereof. The City retains all mineral rights on the Airport property. O. Obligations of the City: The City agrees that use of the Property shall be limited to rental car companies with an On- Airport Rental Car Concession and Lease Agreement executed with the City. City reserves the right to retain third parties to operate, repair and maintain the Property, including without limitation, to operate and maintain the fueling system. P. Default: Either party may terminate the use of the QTA for other party's noncompliance of any terms of the Original Agreement or for noncompliance with terms of this Amendment, upon failure to cure after issuance of a thirty (30) days written notice. If this Amendment is terminated for Concessionaire's noncompliance with the terms of this Amendment or for Concessionaire's noncompliance with the terms of the Original Agreement and this Amendment, then the Concessionaire shall be liable to City for payment of remaining equal rent payments for the remainder of the Original Agreement term. City shall invoice and Concessionaire shall rernit payment within thirty days for such remaining rental payments. In the event City subleases the Exclusive Use Areas to another concessionaire as a result of any Default termination, City will apply any rent received against the rent obligations of Concessionaire, but in no circumstances, will the amount applied exceed the total rent obligation. (). kfiective gate and 1errn: 1) .I -he Effective Date of this Amendment is _ _,. 20._., subject to final City Council approval, Notwithstanding that Concessionaire may occupy the Property on the date the Certificate of Occupancy is issued by the City Building Official for the Property or upon the Date of Beneficial Occrpancy, whichever occurs first. As part of the transition plan, (described in Article IV (q) of the Original Agreement), from the existing Service and Maintenance Facilities ("Facilities") to the Q-1 A, if Concessionaire occupies the QTA before the Effective Page 13 of 16 QTA Amendment- Hertz 1- t 5 -13 Date, Concessionaire shall continue to pay rents for the existing Facilities under the Original Agreement through the close of business the day before the Effective date. Beginning on the Effective Date, rent and fees shall be paid pursuant to the QTA -based annual budget. As of the close of business the day before the Effective Date, rents for the existing Facilities shall cease. However, notwithstanding the foregoing, Concessionaire shall continue to pay full rent for the existing Facilities until said existing Facilities are completely vacated by Concessionaire. Upon the Effective Date of this Amendment, the Term of the Original Agreement shall be extended for a new base period such that the Term of the Original Agreement and this Amendment are identical and such Term shall be extended for a new base period of five (5) years commencing on the Effective Date and ending on the last day of the fifth (5`") full fiscal year thereafter ('Base Term "). Upon the Effective Date of this Amendment the use of "Term" and "Base Term" shall apply to the Original Agreement and this Amendment. 2) Renewal Option: Upon the expiration of the Base Term, and upon the mutual agreement of the City Manager or his designee and Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, Concessionaire will have two (2) separate, successive options (each a "Renewal Option ") to extend the term for additional periods of five (5) years (each a "Renewal Term "). The first Renewal Term will commence upon the expiration of the Base Term. Each successive Renewal Term will commence upon the expiration of the previously exercised Renewal Term. The first Renewal Option, upon the mutual agreement of the City Manager or his designee and the numeric majority of all Concessionaires not considered to be in default under the terms of the Amendment or the Original Agreement, may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the Base Term. Subsequent Renewal Options may be exercised by written notice from Concessionaire to the City Manager or his designee not later than six (6) months prior to the expiration of the previously exercised Renewal Term. Each Renewal Term will be upon the same terms and conditions as during the Base Term, except as otherwise provided. 3) Termination: Concessionaire may terminate the Original Agreement and this Amendment upon the expiration of the initial Base Term or any Renewal Term with no further obligations other than what is contained in the Original Agreement and this Amendment. 4) Upon the Effective Date, the Minimum Annual Guarantee ( "MAG ") payments will be recalculated to eighty -five percent(85 %) of ten percent(10 %) of the average of the most immediate prior twelve (12) months of Gross Revenues as such term is defined in the Original Agreement. At the commencement of each exercised Option period, the MAG for any exercised option periods shall also be recalculated at eighty -five percent (85 %) of ten percent (10 %) of the average of the most immediate prior twelve (12) months Gross Revenues at the corn rnencemetit of each option period. In the event that extraordinary conditions arise that will significantly impact the operations of Concessionaire, at the discretion of the Airport Director, the City agrees to consult with Concessionaire on the potential for adjustment of the MAG. Concessionaire agrees to comply with any request to provide adequate background information detailing the basis for the request and present the same to Page 14 of 16 QTA Amendment- Hertz 1 -15 -13 the Airport Director for review. Any adjustments will be at the sole discretion of the City. 6) The right granted in the Article VI of the Original Agreement with respect to Concessionaire's use or construction of underground or aboveground storage tanks is explicitly repealed. Concessionaire shall not have right to use or construct any existing underground storage tank or aboveground storage tank following the effective date of this amendment. 6) Concessionaire must vacate the Service and Maintenance Facility Premises allocated under the Original Agreement for service and maintenance facilities at the Airport within two (2) weeks of written notification from the Airport Director. City will remove all improvements from the existing facilities and if remediation is required, the cost of any such remediation shall be the responsibility of the Concessionaire or entity that caused the requirement for remediation. City will consult with Concessionaire as to the scope of remediation services required; however, it is agreed that all remediation will be sufficient to meet or exceed and local, State, andfor Federal requirements. Concessionaire will be notified of the improvement removal process and will be given the opportunity to be present at the removal, testing and remediation upon the Premises. Upon completion of the remediation, any payment due shall be remitted to the City on the fifteenth (15th) of the month following invoice. If there is any property remaining after such date that must be disposed of by the demolition contractor at an additional expense, Concessionaire shall pay all costs for disposal if such property is not removed after ten (10) days' written notice by Airport Director to Concessionaire. 7) Article III Sections k, I, m and Exhibit C, of the Original Agreement are repealed upon effective date of this Amendment. Gasoline dispensed in accordance with the Terms of the Amendment at the Property shall be excluded from Article VI n of the Original Agreement. 8) All other terms and conditions of the previously executed Original Agreement between the parties which are not inconsistent herewith, shall apply to the use of the additional Property, and shall continue in full force and effect. [° . Parking Space Sales Tax: Pursuant to Article 1110) of the Original Agreement, Concessionaire shall pay monthly rent to the City for allocated Parking Spaces. As of the Effective date of this Amendment, Concessionaire shall, in addition to paying rent on said allocated barking Spaces, also pay the applicable sales tax per month for each parking space allotted to Concessionaire. Page 15 of 16 QTA Amendment- Hertz 1 -15 -13 IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Amendment, to be effective upon execution by the City Manager, EXECUTED IN DUPLICATE ORIGINALS this day of , 2033, by the authorized representative of the parties. ATTEST: Armando Chapa City Secretary City of Corpus Christi, Texas Ron Olson City Manager CONCESSIONAIRE: The Hertz Corporation, a Delaware corporation TO By; Name: Simon Ellis Title: Staff Vice President, Real E tate and Concessions Date: f� STATE OF NEW JERSEY COUNTY OF BERGEN This instrument was acknowledged before me on January 18, 2013, by Simon Ellis, as Staff Vice President, Real Estate and Concessions of The Hertz Corporation, a Delaware corporation, on behalf of said corporation. Notary Public LINDA DRAVIN NOTARY PUBLIC OF NEW JERSEY W (;6 MISSION EXPIRES JAN. 24, 2014 Page 16 of 16 QTA Amendment- Hertz 1 -15 -13 to DATE: 02/11/13 AGENDA MEMORANDUM First reading for the City Council Meeting of February 19, 2013 Second reading for the City Council Meeting of February 26, 2013 TO: Ronald L. Olson, City Manager FROM: Kimberly Houston, Senior Auditor kimberlyh @cctexas.com 826 -3657 Approval of Amendment to City Auditor Ordinance CAPTION: Ordinance amending Chapter 12 V2 of the City Code of Ordinances regarding City Council Audit Committee, Audit follow -up reports, Peer review, and City Auditor vacancy and selection process. PURPOSE: To obtain approval of amendments to City Auditor Ordinance regarding when Mayoral appointments to City Council Audit Committee can be made, the earliest and latest period to perform follow -ups to audit reports, effective date for which 3 -year Peer Review is measured by, and process for filling City Auditor vacancy. BACKGROUND AND FINDINGS: On November 2, 2010, voters approved an amendment to the City Charter adding the position of City Auditor who shall be appointed by and report to the City Council. Article II, Section 29 (b) of the City Charter provides that the City Auditor shall report to the City Council and have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. On July 20, 2011, City Council approved an amendment to the City Code of Ordinance adding Chapter 12 %2 City Auditor. On November 15, 2011, Chapter 12 %2 City Auditor Ordinance was amended to establish a Council Audit Committee. On February 7, 2013, Council Audit Committee agreed upon recommended amendments to Chapter 12 %2 City Auditor Ordinance regarding Mayoral appointments to Council Audit Committee, determining periods for follow -up audits, redefining the selection process of City Auditor, providing for appointment of interim City Auditor, and reformulating peer review requirements. ALTERNATIVES: NA OTHER CONSIDERATIONS: IN CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 Y2 City Auditor EMERGENCY /NON- EMERGENCY: Non - Emergency one reading DEPARTMENTAL CLEARANCES: Council Audit Committee 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: RECOMMENDATION: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Exhibit A — Ordinance Amending City Auditor Ordinance No. 029287 1 Ordinance amending Chapter 12 '/2 of the City Code of Ordinances regarding City Council Audit Committee, Audit follow -up reports, Peer review, and City Auditor vacancy and selection process. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Chapter 12 1/ of the City Code of Ordinances regarding City Auditor is amended to read as follows: "Sec. 12'/2 -1. - Establishment of the office of City Auditor. (a) There is hereby established the Office of the City Auditor, which shall be directed by the City Auditor who shall be appointed by affirmative vote of a majority of the entire membership of the City Council. (b) The City Auditor must: (1) Be a person knowledgeable in performance and financial auditing, public administration, and public financial and fiscal practices; (2) Be licensed as a certified public accountant or certified internal auditor; and (3) Exercise due professional care in carrying out his or her responsibilities, and provide reasonable assurance that due professional care will be employed in conducting audits. The City Auditor will establish audit policies and procedures consistent with Government Auditing Standards, established by the Comptroller General of the United States, as well as applicable laws and regulations. (c) The City Auditor's compensation shall be fixed by the City Council (Ord. No. 029171, § 1, 8 -23 -2011; Ord. No. 029287, § 1, 11 -15 -2011) Sec. 12'/2 -2. - Independence, objectivity, and audit standards. (a) The organization and administration of the auditor's office shall be sufficiently independent to assure that no interference or influence shall adversely affect an independent and objective judgment of the auditor. (b) The Office shall be provided a discrete budget sufficient to carry out the responsibilities and functions established in this ordinance and to ensure appropriate professional development, continuing professional education, and compliance with applicable certification requirements. (c) The City Auditor shall establish an organizational structure appropriate to carrying out the responsibilities and functions of this chapter. (d) No person shall be appointed to the position of City Auditor who has been mayor, council member, or City Manager of the city during a period of five (5) years prior to the date of the City Auditor's appointment. In no case shall the City Auditor be related, by K affinity or consanguinity within the second degree, to the mayor, any council member or the City Manager. (e) The City Auditor shall not be actively involved in partisan political activities of the City of Corpus Christi. (f) Neither the City Auditor nor any member of the Office staff shall conduct or supervise an audit of an activity for which they were responsible or within which they were employed during the preceding two (2) years. (g) The City Auditor shall adhere to Government Auditing Standards, insofar as possible, when conducting the City Auditor's work and will be independent as defined by those standards. (h) The responsibility for selection of audit areas shall initiate with the City Auditor, with due consideration of the interests and concerns of the City Council and City Manager. To accomplish this: (1) No less than thirty (30) days prior to the beginning of each fiscal year the City Auditor shall submit an annual audit plan to the City Council through the Council Audit Committee for review and comment. The plan shall identify each audit to be conducted in terms of the department, organization, service, program, function, or policy to be audited and audit objectives to be addressed. The Council Audit Committee shall forward the plan to the City Council for City Council review and final approval. (2) The annual audit plan may be amended during the year, following notification of the Council Audit Committee and due provision for comment. Such amendments may be initiated by the City Auditor, or requested by the Council Audit Committee, or the City Manager, or City Manager's designee; any amendments to the annual plan must be reviewed by and approved by the Audit Committee, with written notice of such changes to the full City Council in a timely manner; (3) Results of special audits shall be distributed in the same manner as all other audit reports, as provided in section 12 -1/ -5, preparation and release of reports, of this chapter. (4) If the City Auditor determines that there is serious concern regarding fraud, abuse, or illegality, or that the scope of an audit in progress should be expanded as the result of any findings, the City Auditor is authorized to initiate spontaneously and conduct, or expand the scope of, an audit beyond that approved in the work program. The City Auditor shall notify the Council Audit Committee of the change. (5) Notwithstanding the calendar identified above in subsection (h)(1), the initial audit plan for remainder of the fiscal year ending July 31, 2012 shall be prepared by the City Auditor and submitted to Audit committee, for review and comments by Audit committee, on or before November 30, 2011. The initial audit plan shall then be submitted to City Council for its review and final approval. Q 1. To review and provide comments regarding the City Auditor's annual work program, to be formally reviewed and approved by City Council each year; 2. To monitor the city's internal controls through the results of external audits, and internal audits and other activities of the City Auditor; 3. To monitor audit results and follow -up activities of the City Auditor; and 4. To ensure that audit results include recommendations that serve to improve or enhance city operations. (c) The Audit Committee shall meet as needed to perform its duties. b t —oha4- � 1. A majority of the members of the Audit Committee shall constitute a quorum. 2. The minutes of each meeting are to be prepared and sent to the Committee _►.l members and approved at subsequent meetings 3. In compliance with the Texas Open Meetings Act, the Audit Committee will hold executive sessions with the City Auditor and external auditors as deemed appropriate. (d) The City Auditor shall have direct communication with the Council Audit Committee, and attend all Council Audit Committee meetings. (Ord. No. 029171, § 1, 8 -23 -2011; Ord. No. 029287, § 1, 11 -15 -2011) Sec. 12'/2 -4. - Access to records and property. All officers, employees, or agents of the City shall provide access to and furnish the City Auditor or employees in the Office of the City Auditor with any and all documents including but not limited to records, books, accounts, internal or external memoranda, writings and tapes, reports, vouchers, correspondence files, CDs, computer data, bank accounts, reports, funds, money, and other information or property in their custody. Also, such officers, employees, or agents shall fully cooperate with the Office of the City Auditor, and make full disclosure of all known information. In addition, they shall provide access for the City Auditor to inspect all property, equipment, and facilities within their custody and observe any operations for which they are responsible. (Ord. No. 029171, § 1, 8 -23 -2011; Ord. No. 029287, § 1, 11 -15 -2011) Sec. 12'/2 -5. - Preparation and release of reports. (a) Each audit shall result in a report which shall: (1) Be transmitted in draft to the City Manager, who will provide a written response to the City Auditor regarding the audit findings and recommendations within an agreed time frame. The response will indicate agreement or disagreement and reasons for any disagreements, and what actions, if any will be taken. The City Auditor will include the responses in the final report, unless they are not received within the established time frame; (2) Be submitted in final form to the City Council and the City Manager, and shall be retained in the City Auditor's office in accordance with the City's records management program; (3) Adhere to reporting standards for financial and performance audits as described in Governmental Audit Standards. (b) When appropriate, the City Auditor may issue other reports as needed which provide information when an audit is not required. These reports present work that is generally advisory in nature. (Ord. No. 029171, § 17 8 -23 -2011; Ord. No. 029287, § 17 11 -15 -2011) 6'1 Sec. 12'/2 -6. - Powers and duties. (a) The City Auditor shall systematically and continuously examine the works of all city operations to identify opportunities to reduce costs, increase efficiency, quality, and effectiveness, or otherwise improve management of city programs and services. (b) Scope of work. The City Auditor is empowered to conduct performance and other audit work to determine whether: (1) Activities and programs being implemented have been authorized by the council, or some other legal authority, and are being conducted in a manner contemplated to accomplish the objectives intended by the council or other authorizing authority; (2) The effectiveness of organizations, programs, activities, functions or policies, and the extent to which desired results or benefits are being achieved; (3) The audited entity is acquiring, protecting, and using its resources (such as personnel, property, and space) economically and efficiently, and the causes of inefficiencies or uneconomical practices; (4) The audited entity is in compliance with council or other legally imposed mandates regarding efficiency, economy, effectiveness, or expenditure of public funds; (5) Systems of administrative and accounting control have been established by management to effectively, economically, and efficiently carry on the city's operations; (6) Financial and performance reports are being provided that disclose fairly, accurately, and fully all information that is required by law or other established or state criteria that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities. (c) Follow -up on audits. The City Auditor shall ensure accountability and implementation of a continuous improvement process by an annual status report of prior audit recommendations. Accordingly: (1) At least six (6) months but no longer than twelve (12) months after the transmittal of an audit report to the council, the City Auditor shall request a status report on actions taken by appropriate officials in response to the audit recommendations; (2) The City Auditor may request additional periodic status reports, and conduct follow -up review as needed; (d) Report of irregularities. If the City Auditor detects apparent violation of law, or apparent instances of misfeasance or nonfeasance by an officer or employee, or information that indicates derelictions may be reasonably anticipated, the auditor shall, A after consultation with and advice from the city attorney, immediately report the irregularities to the appropriate authority, including the City Manager. If the irregularity is criminal in nature, the auditor shall also notify the appropriate chief prosecuting attorney. (e) Contract auditors, consultants, and experts. Through appropriate procurement requirements and within the limits of the adopted budget, the auditor may obtain the services of certified or registered public accountants, qualified management consultants, or other professional experts necessary to perform the auditor's duties. (f) The City Auditor shall meet with the external auditors to discuss pertinent matters, review the financial statements, auditors' opinions, and management letters resulting from the annual financial audit. (Ord. No. 029171, § 1, 8 -23 -2011; Ord. No. 029287, § 1, 11 -15 -2011) Sec. 12'/2 -7. - Peer review. (a) Authority statement. The City Auditor's Office shall within three (3) years of date of the adoption of 94d44 PGe rOrdinance No. 0292874 be subject to peer review and thereafter not less than once every three (3) years by a professional, non - partisan, objective person or group, comprised of auditors and other professionals with appropriate government auditing expertise and experience. (b) Scope of peer review. The peer review shall determine compliance with Government Auditing Standards and the quality of audit effort and reporting, including: (1) General standards such as staff qualifications, due professional care, and quality assurance; (2) Fieldwork standards such as planning, supervision, and audit evidence; (3) Reporting standards such as report content, presentation, and timeliness (c) Reporting. A copy of the written report of the peer review shall be furnished to each member of the City Council after review and approval by the Council Audit Committee. (d) Cost. The cost of the peer review, including reasonable travel and living expenses, shall be paid from funds budgeted specifically in the City Auditor's budget. (Ord. No. 029171, § 1, 8 -23 -2011; Ord. No. 029287, § 1, 11 -15 -2011) Sec. 12'/2 -8. - City Auditor vacancy — Selection process. (a) At such times when a vacancy occurs in the Office of the City Auditor, the first principal assistant shall act in the capacity of City Auditor pending the appointment of a new City Auditor. Should the first rinci al assistant osition be vacant the Council Audit Committee shall appoint an interim City Auditor. (b) The council shall appoint an ad hoc nominating committee to recommend to the City Council candidates for City Auditor. The committee shall consist of five (5) rA members, including a chair and vice -chair selected by majority vote of members, meeting the following qualifications: (1) Three (3) members shall be members of the City Council nominated by the Council Audit Committee. (2) One (1) member shall be an at large City of Corpus Christi resident. (3) One (1) member shall be the City Manager or his or her designee. (Ord. No. 029171, § 1, 8 -23 -2011; Ord. No. 029287, § 1, 11 -15 -2011) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor E:3 t�s C p AGENDA MEMORANDUM Public Hearing /First Reading for the City Council Meeting of February 26, 2013 2852 Second Reading for the City Council Meeting of March 19, 2013 DATE: January 31, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Jose Luis Martinez and Frances Martinez (Case No. 0113 -02) Change from "ON" Office District to "RS -6" Single - Family 6 District Property Address: 10625 Gettysburg St. CAPTION: Case No. 0113 -02 Jose Luis Martinez and Frances Martinez: A change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from park to low density residential. The property is described as Jackson Woods Subdivision Unit 1, Block G, Lot 17, located on the southeast corner of Gettysburg Street and Peach Tree Street. PURPOSE: The purpose of this item is to rezone the property to allow single - family houses. RECOMMENDATION: Planning Commission and Staff Recommendation (January 30, 2013): Approval of the change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicants are requesting a rezoning to allow a single - family house on their property, which was part of a site of a former community center. A single - family house was built on the property in 1997 at a time when the former Zoning Ordinance allowed houses in the Office District. When the Unified Development Code (UDC) went into effect, single - family houses were no longer allowed in the Office District. The owners of this house are attempting to receive a mortgage on the property. Because the property does not conform to current code, this house cannot be rebuilt if it were destroyed by more than 50% by a natural event. Therefore, the financial institution will not approve the mortgage. The applicant does not have plans to redevelop the property or change its use. 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 in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a park use. The rezoning, however, would be appropriate for this location and it is consistent with the surrounding properties. Additionally, parks are an allowed use in the requested zoning district ( "RS -6" District). EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0113 -02 HTE No. 13- 10000002 Planning Commission Hearing Date: January 30, 2013 a Applicant /Owner: Jose Luis and Frances Martinez Legal Description /Location: Jackson Woods Subdivision Unit 1, o 0) CL Block G, Lot 17, located on the southeast corner of Gettysburg Street = EL —J 5 and Peach Tree Street. CL 0 From: "ON" Office District c Q To: "RS -6" Single - Family 6 District F Cr Area: 0.26 acres N Purpose of Request: To eliminate the property's nonconforming status. Existing Zoning Existing Land Use Future Land Use District Site "ON" Office Low Density Park � Residential 'E North "RS -6" Single - Family 6 Low Density Low Density C Residential Residential N South "ON" Office Low Density Park c J Residential • East "ON" Office Low Density Park w Residential West "RS -6" Single - Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located in the Northwest c Area Development Plan (ADP) and is planned for park uses. The proposed cL change of zoning to the "RS -6" Single - Family 6 District is not consistent with a c the adopted Future Land Use Plan. a Map No.: 061049 Zoning Violations: None L Transportation and Circulation: The subject property has approximately 75 CL feet of frontage along Gettysburg Street and 105 feet of frontage along Peach Tree Street, which are local residential streets. The property is located approximately 490 feet west of McKinzie Road, which is an "A2" Secondary Arterial Divided street. Urban Proposed Existing Traffic Street Transportation Section Section Volume O Plan Type (2011) Gettysburg Local Residential 50' ROW 50' ROW Not Q L St. 28' paved 28' paved Available in Peach Tree Local Residential 50' ROW 50' ROW Not St. 28' paved 28' paved Available Zoning Report Case # 0113 -02 Jose and Frances Martinez Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District in order to conform to current zoning regulations and to be eligible for a mortgage loan. A single - family house was built on the property in 1997 at a time when the former Zoning Ordinance allowed houses in the Office District. When the Unified Development Code (UDC) went into effect, single - family houses were no longer allowed in the "ON" District. Existing Land Uses & Zoning: South and east of the subject property are single - family houses zoned "ON" Office District. To the north and west of the subject property are single - family houses zoned "RS -6" Single - Family 6 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 in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a park use. The rezoning, however, would be appropriate for this location and it is consistent with the surrounding properties. Additionally, parks are an allowed use in the requested zoning district ( "RS -6" District). Department Comments: • The subject property is currently occupied by a single - family house. The property is in the middle of the Jackson Woods subdivision and an office use at this location would be incompatible with the surrounding neighborhood. • A community center was previously on the subject property and was zoned as the Office District. When the community center was demolished and the property was subdivided, a change of zoning was not necessary in order to build out the single - family subdivision because single - family houses were permitted in the office district. Since the UDC became effective, the single - family residences in this subdivision are all considered non - conforming. • The owners of this house are attempting to receive a mortgage on the property. Because the property does not conform to current code, this house cannot be rebuilt if it were destroyed by more than 50% by a natural event. Therefore, the financial institution will not approve the mortgage. • The applicant does not have plans to redevelop the property or change its use. Planning Commission and Staff Recommendation (January 30, 2013): Approval of the change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District. Zoning Report Case # 0113 -02 Jose and Frances Martinez Page 3 Number of Notices Mailed — 28 within 200' notification area; 3 outside notification area 0 As of January 31, 2013: In Favor — 2 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K : \DevelopmentSvcs \SHARED\ZONING CASES \2013 \0113 -02 Jose and Francis Martinez \0113 -02 Report for CC, Jose and Frances Martinez.docx b b ^ " b A " N O RS- M " SUBJEC ,,PROPER 0 400 CASE: 0113 -02 2. SITE - EXISTING ZONING NOTICE AREA & OWNERSH RM -1 Multifamily 1 IL Light Industrial RM -2 e a IH Heavy Industrial 27 ry 5 ^ " a 20 M 6 0 — M 28 b " 9 b 3 M CN -1 M 23 " �[ CN -2 Neighborhood Commercial M b Resort Commercial 14 — M M M24 2 CG -1 G M 112 Q N, 15 .C,+ 0 5 RV Recreational Vehicle Park 26 y 0 8 N- - AGK N Q "dDS SUBr ry FR Farm Rural s O M " M `+ N � Business Park ASSE SORS MAP 138 ~ N H h b O w � " Q b O W Q M 0., CG -2 a 0 400 CASE: 0113 -02 2. SITE - EXISTING ZONING NOTICE AREA & OWNERSH RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition M 111612013 HIG Ordinance amending the Unified Development Code ( "UDC ") upon application by Jose Luis Martinez and Frances Martinez ( "Owners "), by changing the UDC Zoning Map in reference to Lot 17, Block G, Jackson Woods Subdivision Unit 1, from the "ON" Office District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Jose Luis Martinez and Frances Martinez ( "Owners ") 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, January 30, 2013, during a meeting of the Planning Commission, and on Tuesday, February 26, 2013, 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. Upon application made by Jose Luis Martinez and Frances Martinez ( "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 17, Block G, Jackson Woods Subdivision Unit 1 (the "Property "), located on the southeast corner of Gettysburg Street and Peach Tree Street, from the "ON" Office District to the "RS -6" Single - Family 6 District (Zoning Map No. 061049), 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. 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 , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 N b N ^ b ~ N O RS- M SU ' JEC ,,PROPER N O � N M A M n M N � b M � m 0 Q 1 CG -21 ASS "E SQRS MAP 138 N N H h b r r 400 CASE: 0113 -02 1. SUBJECT PROPERTY Subject Property EXHIBIT A RM -1 m Q M m HIG M I111512013 Ordinance amending the Unified Development Code ( "UDC ") by revising subsections 8.1.10. and 8.1.11. relating to the designation of authority under Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security and Technical Compliance; providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding this amendment of the Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, February 26, 2013, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 8, Section 8. 1, subsection 8.1.10. of the Unified Development Code ( "UDC "), entitled "Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security' and subsection 8.1.11. of the UDC, entitled "Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Technical Compliance," are amended by revising the text of both sections to read as follows: "Article 8. Subdivision Design and Improvements "8.1. General Provisions "8.1.1. Authority "8.1.10. Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security The Assistant City Manager of DeVe'GpMeRt SeFYinoo shall have discretionary authority to approve subdivision plats for recordation prior to completion of improvements required by this Article under the following conditions: "8.1.10.A. * Page 1 of 5 "8.1.10.6. Upon written application r nvnGRgRg niJn4ir)n fr/lm Oho Assistant Citti reasonable cause exists improvements for plat reci following conditions are met by the developer, apd Planning GemmissieR the Manager may determine to delay the required Drdation provided that the 1. The developer has posted a developer guarantee as described in Section 3.30 for the construction of the improvements to ensure completion of the project. The financial security shall be in the amount of 110% of the cost of the delayed public improvements as estimated by developer's engineer and accepted by the Assistant City Manager of DeVe'GpMeRt Coniinoo• shall be in a form and pursuant to an agreement approved by the City Attorney and the Finance Director; and shall be posted prior to the recording of the plat. 2. Water and sewer service are available to serve the subdivision. 3. The developer has executed a�a standard form agreement with the City that provides at a minimum the following: a. The developer shall construct the improvements in accordance with the engineering standards in effect at the time of construction; b. All other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, or special covenants have been completed; c. The financial security shall be applied to construction of the required improvements and that any remaining funds shall be returned to the developer upon completion of the improvements d. If the financial security proves inadequate to complete the improvements, the developer shall reimburse the City for the additional cost of the improvements; Page 2 of 5 e. The improvements must be fully completed within a maximum of five years or a lesser time as determined by the Assistant City Manager; f. An increase in security may be required on an annual basis if the developer's engineer /or the City determines that the financial security does not provide for 110% of the estimated constructions costs; g. The City may accelerate payment or performance or require additional financial security when the City deems itself insecure as to the prospect of payment or performance on a demonstrated reasonable basis; h. The developer shall construct the required improvements and such covenant shall be included in the agreement as a covenant running with the land; and L The City, at developer's expense, shall file for record such agreement in the records of the county in which the property is located 4. Any deviations from the approved standard form agreement will require a recommendation from the Planning Commission and approval by the City Council. "8.1.10.C. Upon application by a governmental entity or political subdivision to the Assistant City Manager A DeVe'GpMeRt con,;G verifying that a construction contract has been awarded which provides for construction of the required public improvements for water, sewer, streets and drainage as set forth on plans previously approved by the City, aR a standard form agreement may be approved by the Assistant City Manager for such governmental entity or political subdivision on the same basis as provided above without requiring a cash bond or financial security. "8.1.11. Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Technical Compliance Page 3 of 5 A plat may be recorded prior to completion of all required infrastructure if the following improvements are completed as determined by the Assistant City Manager ^f DeVe' pMeRt vcr-v-rvca. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 4 of 5 The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of , 2013. Nelda Martinez Mayor Page 5 of 5 p AGENDA MEMORANDUM Public Hearing /First Reading Ordinance for the City Council Meeting of February 26, 2013 1852 Second Reading for the City Council Meeting of March 19, 2013 DATE: February 6, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Public Hearing — Unified Development Code Text Amendment Regarding Public Notices, Special Permits and Setbacks CAPTION: Ordinance amending the Unified Development Code by revising subsections 3.1.7.C.1 and 3.1.7.C.4 - public notice requirements, subsection 3.3.3.0 - City Council final action on rezonings, section 3.6 - special permits, subsection 3.18.4 - building permit expiration, subsection 3.24.1 — applicability of administrative adjustments, table 4.4.3.A - setbacks in two - family and townhouse zoning districts, table 4.4.3.6 - setbacks in multifamily zoning districts, table 4.5.2 - permitted uses in commercial zoning districts, table 5.1.4.1 - vehicle sales and service uses, subsection 5.3.1.J - accessory uses and structures, subsection 5.4.3.G - banners for temporary promotional events, subsection 7.5.13.E - institutional signs, and subsection 7.5.20.D - temporary and portable signs allowed in nonresidential districts; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to improve the UDC's effectiveness. BACKGROUND AND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the continued improvement of the UDC and to address the city's development needs, Staff has presented several text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. Today, Staff is proposing the following new text amendments: Subsection 3.1.7.C.1.a — Require notice to be published in newspaper prior to an item's final public hearing. For example, the first hearing for a rezoning case is at a Planning Commission meeting and the final hearing is at a City Council meeting. A published notice would only be required prior to the City Council hearing and not prior to the Planning Commission hearing. This amendment will make the UDC conform to State law regarding public notice requirements for rezonings. 2. Subsection 3.1.7.C.4.a.i — Remove the requirement that published notices for rezonings shall include a location map. Including a location map in the published notice would significantly increase publication costs and is not necessary as the location of the rezoning is described in the notice. A location map is, however, provided in the mailed notice. 3. Subsection 3.3.3.C.1 — In accordance with State law, require three - fourths of all Council members to overrule a Planning Commission recommendation of denial for a rezoning or when the Council's vote is less restrictive as to use or density than the Planning Commission's recommendation on a Special Permit. 4. Section 3.6 — Reestablish the ability and procedures for the City Council to grant special permits in lieu of granting a rezoning to a higher zoning district. Special Permits allow the Council to approve a specific proposed use or development while stipulating conditions that will make the development more compatible with the surrounding properties. 5. Subsection 3.18.4 — Make the UDC's expiration date for building permits correspond with the Building Code's expiration date so that the two will never conflict. 6. Subsection 3.24.1.13 — Allow administrative adjustments of up to 10% for any numerical standard in the UDC with some exceptions rather than limits the adjustments to standards of only Article 4 entitled "Base Zoning Districts." Required parking is one of the standards that this text amendment would make eligible for administrative adjustments. 7. Table 4.4.3.A — In the "RS -TF" Two - Family zoning district, reduce the side yard setback from 10 feet to 5 feet and the rear yard setback from 15 feet to 5 feet for single - family uses and reduce the rear yard from 20 feet to 5 feet for two - family uses. For the "RS -TH" Townhouse District, reduce the rear yard from 15 feet to 5 feet. In some cases, developers may have to adjust the widths of yards to meet the open space requirement. 8. Table 4.4.3.13 — For multifamily uses in multifamily districts, reduce the side yard setback from 20 feet to 10 feet and rear yard setback from 15 feet to 10 feet while providing for an increase in the setbacks based on the height of the buildings. Cap the setback based on building height at 30 feet for the higher density "RM -3" Multifamily 3 and "RM -AT" Multifamily Apartment- Tourist Districts, unless the property is adjacent to a single- or two - family use. For single- and two - family uses in the "RM -AT" District, reduce the side yard setback from 10 feet to 5 feet and rear yard setback from 15 feet to 5 feet. The proposed setback widths allow for increased flexibility in site design and were the minimum required in the former Zoning Ordinance. 9. Table 4.5.2 — Prohibit heavy vehicle service uses in the commercial zoning districts. This use is better suited for the industrial zoning districts. Heavy vehicle service is differentiated from "limited" vehicle service, which includes routine maintenance of average size vehicles and is allowed in the commercial zoning districts. 10. Table 5.1.4.1— Add the heavy vehicle service use, which is defined in the UDC, to the list of types of "vehicle sales and service" uses and remove auto body shop from the list as body work is included in the definition of "vehicle service, heavy." Remove "auto service facilities" from the list as it conflicts with the "vehicle service, heavy" use. This amendment will help protect residential areas abutting commercial districts from intrusive commercial uses. 11. Subsection 5.3.1.J —Allow detached accessory buildings to be placed in line with the front face of the principal structure rather than completely behind the principal structure. The minimum front yard setback will not be compromised. 12. Subsection 5.4.3.G.6 —Allow banners for promotional events to be placed in the required yard setbacks but not in a visibility triangle blocking a driver's line of sight. This amendment will fix a conflict in the code and provide added safety to motor vehicle drivers. 13. Subsection 7.5.13.E — Allow the typical temporary banner, subject to time limitations, for schools, churches and other institutional uses allowed in the low - density residential zoning districts and increase non - illuminated wall signage from four square feet to 40 square feet. 14. Subsection 7.5.20.D —Provide the same square footage allowance and locational requirements for general temporary banners as is allowed for banners permitted in conjunction with a temporary promotional event. This amendment creates consistency in the UDC. ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy and will help implement the City's Comprehensive Plan. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The Planning Commission and Staff recommend approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code by revising subsections 3.1.7.C.1 and 3.1.7.C.4 - public notice requirements, subsection 3.3.3.0 - City Council final action on rezonings, section 3.6 - special permits, subsection 3.18.4 - building permit expiration, subsection 3.24.1 — applicability of administrative adjustments, table 4.4.3.A - setbacks in two - family and townhouse zoning districts, table 4.4.3.13 - setbacks in multifamily zoning districts, table 4.5.2 - permitted uses in commercial zoning districts, table 5.1.4.1 - vehicle sales and service uses, subsection 5.3.1.J - accessory uses and structures, subsection 5.4.3.G - banners for temporary promotional events, subsection 7.5.13.E - institutional signs, and subsection 7.5.20.1) - temporary and portable signs allowed in nonresidential districts; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 30, 2013, during a meeting of the Planning Commission, and on Tuesday, February 26, 2013, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 3, Section 3.1, subsections 3.1.7.C.1 of the Unified Development Code ( "UDC "), entitled "Published Notice," and 3.1.7.C.4 of the UDC, entitled "Content of Notice," are amended by revising the text to read as follows: "Article 3. Development Review Procedures "3.1 Common Review Procedures "3.1.7 Public Notice Requirements "A. Summary of Public Notice Required UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 1 of 18 "C. All Other Procedures "Notice for all procedures identified in the chart in paragraph 3.1.7.A above, excluding a replat without vacation, shall comply with the following: "1. Published Notice "a. For review procedures requiring published notice, such notice shall be printed at least once in a local newspaper of general circulation within the City prior to the final public hearing. The ng+ine Shall r•gnialn the time ands plane of the hearing and! a brief deonriPtign gf the agendla hems fg he nnncidlered! Ar reyi p yVe4 n "b * * * * * * 'A. Content of Notice "a. Published or Mailed Notice "Published or mMailed notices shall contain at least the following information: 1. The general location of land that is the subject of the application innl 1G4G_;;tiGR map. A location map shall be included in the mailed notice but not in the published notice." "b * SECTION 2. Article 3, Section 3.3, subsection 3.3.3.0 of the UDC, entitled "City Council Final Action," is amended by revising the text to read as follows: UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 2 of 18 "Article 3. Development Review Procedures "3.1 * * * * * * * * "3.3 Zoning Map Amendment (Rezoning) "3.3.1 * * * * * * * * "3.3.3 Review Process * * * "A * * * * * * * * "C. Citv Council Final Action "1. Following notice in accordance with Subsection 3.1.7, the City Council shall hold a public hearing and approve, approve with conditions, or deny the Zoning Map amendment. If a proposed amendment has been recommended for disapproval by the Planning Commission or when the action taken by the City Council regarding a special permit is less restrictive as to use or density than the recommendation of the Planning Commission, then the amendment shall not become effective except by a favorable vote of at least three - fourths a majerity P1616 GRe of the all City Council members whether or not all members are present and voting." "2 3.3.4 SECTION 3. Article 3, Section 3.6 of the UDC, entitled "Special Permit," is amended by revising the text to read as follows: UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 3 of 18 "Article 3. Development Review Procedures "3.1 "3.6 Special Permit "3.6.1 Applicability "A * "C. These- Specific uses requiring a special permit are identified in the permitted uses sections in Article 4 for each grouping of zoning districts. "D. An applinotinn fnr o speGiol permit may nni ho mono i inl000 Oho i ioo io identifier! -Ao -A 6 P e G 0 a 1 peFmi4 i ioo in the roloVront Znninn dictrint When an application is submitted for a rezoning to a broader classification, a special permit may be granted in lieu of granting a rezoning to the broader classification when the applicant has plans of sufficient detail showing the full extent of the proposed use of the buildings, structures, and premises and including provisions for sufficient off - street parking facilities, screening walls or fences, landscaping, and open space so as to create a transition between a lesser. more restricted district and the proposed district. "3.6.2 Review Process "A. Concurrent Site Plan Submittal Application for a special permit shall occur in conjunction with the submittal of a site plan. The City Council may not approve, approve with conditions, or deny a special permit application until after the site plan has been reviewed by the Technical Review Committee in accordance with the procedure in Section 2.7 and a recommendation is made by the Planning Commission. When a rezoning applicant UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 4 of 18 has provided a site plan of sufficient detail to show the full extent of the proposed uses, the site plan shall also be reviewed by the Technical Review Committee prior to the Planning Commission making its final recommendation. i1 :� "3.6.3 Review Criteria "A. At a minimum, a site plan for a special permit shall include the following details: 1. Dimensions, bearings, and street frontage of the property; "2. Location of buildings, structures, and uses; "3. Means of ingress and egress to the public /private street; "4. Off - street parking and loading arrangements; "5. Screening, buffer yards, lighting, and landscaping details; "6. Dumpster location and screening; 7. Open space calculation and design; "8. Provisions for drainage; "9. A traffic analysis in accordance with Section 3.29.2 for rezoning applications; and "10. Any other information the Assistant City Manager deems necessary for a complete review of the proposed development. "A-.B. In determining whether to approve, approve with conditions or deny a special permit, the applicable review bodies shall consider the following criteria: UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 5 of 18 "8. The development provides ample off - street parking and loading facilities. "B-.C. The City Council may impose reasonable conditions upon the granting of a special permit consistent with the purposes stated in this Unified Development Code. The City Council may require additional conditions that shall be complied with before a certificate of occupancy or UDC compliance may be issued by the Building Official for such use of the buildings or improvements, but such conditions shall not be construed as conditions precedent to the granting of a special permit or the change in zoning of such property. 3.6.4 "3.6.6 Expiration "A. The special permit shall expire 12 months after approval unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. A longer expiration date may be provided in the special permit at the time of arantina of the same. <<B * * "3.6.7 Extension "An extension of the expiration or termination of the special permit may be granted. All requests by an applicant for extensions shall be filed with the Assistant City Manager of DeVe'GpMeRt SeP.IiGes prior to the expiration or termination of the use. Following the notice and review procedures in Section 3.3, the City Council may grant aA maximum of two consecutive extensions may be gFapted Thereafter, the applicant shall apply for a new special permit. UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 6 of 18 "3.6.8 Discontinuance "A special permit use that has been discontinued for more than six consecutive months shall be required to resubmit an application in accordance with this Section in order to reestablish the special use. "3.6.9 Uses Ineligible for Special Permits A special permit shall not be issued to allow: "A. The placement of portable signs where prohibited by the UDC; "B. An increase in area or the number of signs beyond which is allowed as a matter -of- right; or "C. The placement of a manufactured home or trailer where such home or trailer will be the main or accessory use on the property, provided however, that when a special permit is issued for an industrial use, the special permit may also allow the placement of a HUD -code manufactured home as an accessory use for resident watchmen or caretakers employed on the premises. SECTION 4. Article 3, Section 3.18, entitled "Building Permit," subsection 3.18.4 of the UDC, entitled "Expiration," is amended by revising the text to read as follows: "Article 3. Development Review Procedures "3.1 Common Review Procedures "3.18 Building Permit "3.18.1 * * * * * * "3.18.4 Expiration UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 7 of 18 issuaRGe in accordance with Chapter 14 of the Municipal Code. ARY fi lFtheF -An4ir�n -after the expi atiGR shall Feq tiro SECTION 5. Article 3, Section 3.24, entitled "Administrative Adjustment," subsection 3.24.1 of the UDC, entitled "Applicability," is amended by revising the text to read as follows.. "Article 3. Development Review Procedures "3.1 Common Review Procedures "3.24 Administrative Adjustment "3.24.1 Applicability "A * "B. Except as provided in Subsection 3.24.4, the Assistant City Manager of DeVe'GpMeRt Coniinoc shall have the authority to authorize an adjustment of up to 10% of any numerical standard set forth in n.- *.of this UDC. <<C * * * * * * * * "3.24.2 * * * * * * * * * * * 11 SECTION 6. Article 4, Section 4.4, subsection 4.4.3, entitled "Residential Development Standards," Table 4.4.3.A of the UDC, entitled "Residential Development (Two - Family and Townhouse districts)," is amended by revising the text of the table to read as follows.. "Article 4. Base Zoning Districts "4.1 UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 8 of 18 "4.4 Multifamily Residential Districts "4.4.1 * * * * * * * * "4.4.3 Residential Development Standards "A. Development standards for the Two - Family and Townhouse zoning districts shall be based on housing type in accordance with the tables below. "Table 4.4.3.A Residential Development (Two - Family and Townhouse districts) RS -TF DISTRICT SF Det ached zero Lot Line Attached Two- Family Min. Lot Area (sq. ft.) 6,000 6,000 Rear Access 2,200 Min. Lot Width (ft.) 50 50 Front Access ------------------------------------------------------------ Min. Site Area (sq. ft.) Rear Access 22 Shared Parkin 16 Per Site Street 6,000 6,000 Per Dwelling Unit ----------- - ---- ------------------------------------ Side (single) -------- 0 3,000 3,000 Min. Site Width (ft) 4-55 Min. Building Separation (ft.) 50 50 Min. Yards (ft.) Max. Height (ft.) 45 Street 20 20 20 20 ----- Street (corner) - - - - - -- ------------------- - - - - -- 10_____ - - - - - -- - - _____10 ___________ 10____________ 10_______ Side (single) 5 0 0 5 Side (total) a-9 5 — 10 5 4-95 ----- -- -- -- ----------------------------- - - - - -- Rear -- - - - - -- - - - -- 485 ----------------------------------- 485 485 - - - - -- - - - -- 295 Min. Open Space 30% 30% 30% 40% Max. Height (ft.) 35 35 35 45 Townhouse DISTRICT Townhouse Min. Site Area (sq. ft.) 20,000 Min. Area Per Dwelling Unit (sq. ft.) Front Access ------------------------------------------------------------ 2,600 Rear Access 2,200 ------- - - ----- ------------------------------------ Shared Parking ---------- 1,600 Min. Dwelling Unit Width (ft) Front Access ------------------------------------------------------------ 26 Rear Access 22 Shared Parkin 16 Min. Yards (ft.) Street 10 Street (corner) 10 ----------- - ---- ------------------------------------ Side (single) -------- 0 Side (total) 0 ------------------------------------------------------------ Rear 4-55 Min. Building Separation (ft.) 10 Min. Open Space 30% Max. Height (ft.) 45 UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 9 of 18 SECTION 7. Article 4, Section 4.4, subsection 4.4.3, entitled "Residential Development Standards," Table 4.4.3.6 of the UDC, entitled "Multifamily Zoning Districts," is amended by revising the text of the table to read as follows: "Article 4. Base Zonina Districts "4.1 "4.4 Multifamily Residential Districts "4.4.1 * * * * * * "4.4.3 Residential Development Standards "A * "Table 4.4.3.A * "B. The Multifamily zoning districts only shall be developed in conventional subdivisions. Development standards in the multifamily zoning districts shall be in accordance with the tables below. (TABLE INSERTED ON NEXT PAGE) UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 10 of 18 "Table 4.4.3.13 Multifamilv Zonina Districts *PI /MI = Padre Island /Mustang Island Reaardless of sinale- or two - familv adiacencv. increase vard in accordance with Section 4.2.8.0 Regardless of single- or two - family adjacency, increase yard in accordance with Section 4.2.8.C., but yard shall not exceed a total of 30 feet if property is not adjacent to a single- or two - family use. SECTION 8. Article 4, Section 4.5, subsection 4.5.2 entitled "Permitted Uses," Table 4.5.2 of the UDC, entitled "Permitted Uses (Commercial zoning districts)," is amended by revising the text to read as follows: "Article 4. Base Zoning Districts "4.1 "4.5 Commercial Districts "4.5.1 "4.5.2 Permitted Uses "The following principal uses are permitted by right, permitted subject to limitations, or require a special use exception or special permit in the commercial zoning district. Uses may be subject to additional limitations as UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 11 of 18 RM -AT Multifamily Districts PUMI* /mss RM -1 RM -2 RM -3 GhFistI North Beach 1 -2 Fam 3+ Fam (1-2 Fam) Max. Density (units /acre) 22 30 36 18 9 60 Min. Open Space (% site area) 35% 30% 30% 25% 25% 10% Min. Lot Area (sq. ft.) 6,000 6,000 6,000 5,000 10,000 10,000 Min. Lot Width (ft.) 50 50 50 50 85 85 Min. Yards (ft.) Street 20 20 20 20 20 20 Street (corner) 15 15 15 10 15 15 -------------------------------- - - - - -- Side (1 fam & 2 fam)) ---- - - - - -- 5 ---- - - - - -- 5 ----- - - - - -- 5 --------------------------- 5 - - - - -- 4-95 ------- - - - - -- Side (3+ fam) 28 10 _29 10 28 10 _29 10 Rear 45 10 45 10 4-5102 5 4-55 4-5102 Min. Building Separation (ft.) 10 10 10 10 Max. Height (ft.) See Sections 4. 4.2.8.D., and and comply with Section 45 60 60 4 E 4.2.8.C., 4.2.8.D., and 4.2.8.E. ., .2.8.2.8.E *PI /MI = Padre Island /Mustang Island Reaardless of sinale- or two - familv adiacencv. increase vard in accordance with Section 4.2.8.0 Regardless of single- or two - family adjacency, increase yard in accordance with Section 4.2.8.C., but yard shall not exceed a total of 30 feet if property is not adjacent to a single- or two - family use. SECTION 8. Article 4, Section 4.5, subsection 4.5.2 entitled "Permitted Uses," Table 4.5.2 of the UDC, entitled "Permitted Uses (Commercial zoning districts)," is amended by revising the text to read as follows: "Article 4. Base Zoning Districts "4.1 "4.5 Commercial Districts "4.5.1 "4.5.2 Permitted Uses "The following principal uses are permitted by right, permitted subject to limitations, or require a special use exception or special permit in the commercial zoning district. Uses may be subject to additional limitations as UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 11 of 18 specified in Section 6.5 when located inside a Navy Air Installation Compatible Use Zone (AICUZ) (which includes Clear and Accident Potential Zones 1 and 2). "Table 4.5.2 Permitted Uses (Commercial zoning districts) COMMERCIAL DISTRICTS..... P = Permitted Use L = Subject to Limitations SUE = Special Use Exception ;; N N M N p SP = Special Permit Z Z Z G W W to 6 m a blank celll = Not Permitted U U O U U U U' U U U m Standards Residential Uses �.,,. Commercial Uses... . Commercial Parking Uses [5.1.4.A] P P P P P P P P P P P Vehicle Sales and Service Uses except: P P P P P Auto rental P P P P P P P P Car wash, hand - operated or L L L P P P L P 5.2.21 automated Bicycle or watercraft rental P P P P P P P P Fuel sales L L L L L L L L L L 5.2.10 Vehicle service, heave Vehicle service, limited L L L L L P P P P P 5.2.15 Ir ... SECTION 9. Article 5, Section 5.1, subsection 5.1.4 entitled "Commercial Use Categories," Table 5.1.4.1 of the UDC, entitled "Vehicle Sales and Service," is amended by revising the text to read as follows: "Article 5. Use Regulations "5.1 Use Categories "5.1.1 "5.1.4 Commercial Use Categories UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 12 of 18 &7% PEI (Tables 5.1.4.A through 5.1.4.H not included here; the content in these tables remains unchanged by this text amendment.) Vehicle Sales and Service Alignment shop Auto detailing Auto rental Autn sp.P.40AP fonilitops Auto upholstery shop Bicycle and watercraft rental Boat and recreational vehicle sales Camper shell sales and service Car wash, hand - operated or automated Fuel sales Manufactured home sales Repair and service of RVs, boats, and light and medium trucks Tire sales and service Towing service Vehicle sales or leasing facilities (including passenger vehicles, motorcycles and light and medium trucks) Vehicle service, heave Vehicle service, limited Ancillary indoor storage Associated office Fuel pump and island* Sale of parts Satellite dish antenna under 3.2 feet* Single -bay, automatic car wash Towing Vehicle storage *See additional standards in Subsection 5.3.2" Bus barn (see Warehouse and Freight Movement) Junk, wrecking or salvage yard (see Waste - Related Service) Farm equipment and machinery sales and repair (see Wholesale Trade) Earth moving and heavy construction equipment sales and repair (see Wholesale Trade) Truck sales and repair (heavy load vehicles) (see Wholesale Trade) Vehicle and equipment maintenance facility (see Light Industrial Service) Vehicle parts sales as principal use (see Retail Sales and Service) (Table 5.1.4.J not included here; the content in this table remains unchanged by this text amendment.) SECTION 10. Article 5, Section 5.3, subsection 5.3.1 of the UDC, entitled "General," is amended by revising the text to read as follows: "Article 5. Use Regulations "5.1 "5.3 Accessory Uses and Structures "5.3.1 General UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 13 of 18 "A * * * * * * * "J. AR A detached accessory building shall be located +4 the roar nnr +inn behind the front face of the main principal structure and shall not exceed 50% of the main principal structure total square footage. "K * "5.3.2 SECTION 11. Article 5, Section 5.4, subsection 5.4.3 of the UDC, entitled "Promotional Events," is amended by revising the text to read as follows: "Article 5. Use Regulations "5.1 * * * * * "5.4 Temporary Use Standards "5.4.1 * * * * * "5.4.3 Promotional Events * * * "A * "G. The Building Official may issue a permit for a freestanding banner within the required street yard for a promotional event. The permit shall be subject to the following conditions: * * * * * "6. Banners shall not be located in the street yar4 et a visibility triangle as defined in Subsection 1.11.3." * * * * * UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 14 of 18 SECTION 12. Article 7, Section 7.5, subsection 7.5.13.E of the UDC, entitled "Institutional Signs," is amended by revising the text to read as follows: "Article 7. General Development Standards "7.1 "7.5 Signs "7.5.1 "7.5.13 Signs Allowed in the FR, RE, RS -15, RS -10, RS -6, RS -4.5, RS-TH. RS -TF, and RMH Districts "A * * * * * * * * "E. Institutional Signs 1. Any school, house of worship, recreation center or other institutional use permitted in the zoning district and fronts upon a designated arterial street or expressway,- may have one freestanding sign, not to exceed 64 square feet in area and 20 feet in height. However, if the use fronts upon a designated local or collector street, the sign shall not exceed 40 square feet in area and 20 feet in height. "a. Th+S Institutional freestanding signs may include changeable copy signs, not to exceed 30% of the sign area. "b. Institutional freestanding signs may be illuminated. "c. Such use may also be allowed one wall sign for each public entrance to a building. UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 15 of 18 "d. Institutional wall signs may not exceed 40 square feet each and may not be illuminated "e. Such use may have three permits per calendar year at 30 days per permit for banners not exceeding 60 square feet in area. Banners shall not be located within a visibility triangle as defined in Subsection 1.11.3." "2 * SECTION 13. Article 7, Section 7.5, subsection 7.5.20.D of the UDC, entitled "Other Generally," is amended by revising the text to read as follows: "Article 7. General Development Standards "7.1 * * * * * "7.5 Signs "7.5.1 * * * * * "7.5.20 Temporary and Portable Signs Allowed in the Nonresidential Districts "A * * * * * "D. Other Generall "Banners are prohibited except that banners are allowed in the following districts, subject to the standards of this subsection: CN, Neighborhood Commercial; CR, Resort Commercial; CG, General Commercial; Cl, Commercial Intensive; CBD Downtown Commercial; 10, Island Overlay. In these districts only, three permits per calendar year at 30 days per permit are allowed for banners not exceeding 2-9 60 square feet in area. Banners shall UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 16 of 18 not exceed a height nor width dimension greater than 20 feet nor be located within a visibility triangle as defined in Subsection 1.11.3." SECTION 14. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 15. 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 16. 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 , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 17 of 18 PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 18 of 18 * lam AGENDA MEMORANDUM Public Hearing & First Reading for the City Council Meeting of February 26, 2013 Second Reading for the City Council Meeting of March 19, 2013 DATE: February 4, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com MRM704:ncirW Public Hearing on Proposed Assessments Ordinance Imposing Assessments, Fixing Liens, Specifying Payment Terms, Amending CIP Authorizing Award of Construction Contract Paving Assessments Project Vaky Street from Swantner Drive to Reid Drive Ivy Lane from Gollihar Road to Horne Road Clare Drive from SPID to McArdle Road Bond Issue 2008 CAPTION: Public Hearing on proposed assessments for Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne Road, and Clare Drive from South Padre Island Drive to McArdle Road (the "Project "); Ordinance finding and determining that the property abutting said streets will be specifically and specially benefitted and enhanced to an amount at least equal to the cost to each property owner; levying and imposing assessments totaling $191,716.44 against property abutting the improvements for the Project; fixing corresponding liens on property and charges against property owners; adopting the attached Preliminary Assessment Roll; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures; amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to transfer $99,217.38 in unspent Storm Water funds and $48,592 in unspent Water funds from the Rodd FieldNorktown Intersection at Airline Road project to the Project; increasing expenditures in the amount of $147,809.38; and authorizing the City Manager to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,381,270.55 for the Project for the Base Bid and Additive Alternates 1 and 2. (Bond Issue 2008) PURPOSE: This item provides for a public hearing on the proposed property assessments for the project approved as part of the 2008 Bond Election. After the public hearing, the Council will have the opportunity to approve the proposed assessments, and in compliance with City Ordinance, set payment terms, enforcement measures and provide for amending the assessments upon conclusion of the project and the actual construction cost. In addition, this item will amend the Capital Budget to increase the current utility budget for the projects and award the construction contract. BACKGROUND AND FINDINGS: The scope of the Base Bid includes the rehabilitation of three existing streets totaling approximately 3,270 linear feet of flexible (asphalt) pavement for new two -lane residential (28' B -B) streets, 4' concrete sidewalks, 2,265 linear feet of storm water conduit improvements, replacement of 56 water services and 57 sanitary sewer services, 4 fire hydrants, Additive Alternates for 4 new sanitary sewer manholes; rehabilitation of 4 existing sanitary sewer manholes, 1,385 linear feet of cured -in -place pipe sanitary sewer rehabilitation, and 1,225 linear feet of 8 -inch sanitary sewer new construction together with all appurtenances. PROJECT SCHEDULE: January 22, 2013: Future Item Resolution determining the necessity for and ordering improvements for projects and calling for Public Hearing - COMPLETED January 29, 2013: Action Item Resolution determining the necessity for and ordering improvements for projects and calling for Public Hearing - COMPLETED February 04, 2013: Posted Public Hearing Notice No. 1 - COMPLETED February 11, 2013: Posted Public Hearing Notice No. 2- COMPLETED February 18, 2013: Posted Public Hearing Notice No. 3 - COMPLETED February 26, 2013: Public Hearing and First Reading Ordinance imposing assessments, amending Capital Improvement Program Budget, and award of construction contract TODAY'S MEETING March 19, 2013 April 17, 2013 October 2013 November 12, 2013 November 19, 2013 ALTERNATIVES: Second Reading Ordinance imposing assessments, amending Capital Improvement Program Budget and award of construction contract Pre - Construction Meeting, Issue Notice to Proceed Construction Complete First Reading Ordinance imposing final assessments Second Reading Ordinance imposing final assessment 1. Approve the Ordinance as proposed. 2. Do not approve the Ordinance as recommended. OTHER CONSIDERATIONS: This project is part of the Bond Issue 2008 Proposition No. 1 Street Projects approved by the voters in the general election held on November 4, 2008 and the last street project in that proposition to be awarded for construction. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter, the Code of Ordinances for Street Assessment Projects, and the Capital Improvement Program financing requirements. EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Water Department Wastewater Department Storm Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget 262,200.00 2,167,800.00 2,430,000.00 CIP Budget Amendment 147,809.38 147,809.38 Future CIP Budget 692,603.12 692,603.12 Request Total Project Budget 2,315,609.38 692,603.12 3,270,412.50 Encumbered /Expended 262,200.00 262,200.00 Amount This item 1,688,667.43 692,603.12 2,381,270.55 Future Anticipated 526,164.99 526,164.99 Expenditures This Project BALANCE 0.00 100,776.96 0.00 100,776.96 Fund(s): Street Bond Issue 2008 and Utilities CIP Comments: This item complies with the street assessment project notification requirements under the Code of Ordinances. When this item comes to City Council for the award of the Construction Contract, staff will present an amendment to the Capital Improvement Program Budget for additional utility work that will be required to facilitate construction in an acceptable manner. RECOMMENDATION: To approve the Ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance City Engineer's Statement Appraiser's Statement Preliminary Assessment Roll Location Map PRELIMINARY PROJECT BUDGET PAVING ASSESSMENTS - BOND 2008 Project Nos. 6503, 6504, 6505 January 22, 2013 FUNDS AVAILABLE: Streets CI P (Bond 2008) Wastewater CIP Current Budget Amendment FY 14' Capital Improvement Budget Request * TOTAL FUNDS REQUIRED: Construction (Bay LTD) Contingencies Consultant Fees: Consultant (Coym, Rehmet & Gutierrez Engineering, L.P.) Rock Engineering (Geo -Tech) Materials Testing (Estimate) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) Finance Reimbursement Misc. (Printing, Advertising, etc.) 111011 If_1 $ 2,230,000.00 200,000.00 147,809.38 692,603.12 $3,270,412.50 $ 2,381,270.55 238,127.06 236,127.00 9,300.00 59,530.00 89,936.34 114,464.44 32, 704.13 8,176.03 $3,169,635.54 ESTIMATED PROJECT BUDGET BALANCE $100,776.96 Public Hearing on proposed assessments for Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne Road, and Clare Drive from South Padre Island Drive to McArdle Road (the "Project "); Ordinance finding and determining that the property abutting said streets will be specifically and specially benefitted and enhanced to an amount at least equal to the cost to each property owner; levying and imposing assessments totaling $191,716.44 against property abutting the improvements for the Project; fixing corresponding liens on property and charges against property owners; adopting the attached Preliminary Assessment Roll; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures; amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to transfer $99,217.38 in unspent Storm Water funds and $48,592 in unspent Water funds from the Rodd Field/Yorktown Intersection at Airline Road project to the Project; increasing expenditures in the amount of $147,809.38; and authorizing the City Manager to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,381,270.55 for the Project for the Base Bid and Additive Alternates 1 and 2. (Bond Issue 2008) In its Resolution No. 029738, passed on January 29, 2013, the City Council determined that it was necessary to improve and order the improvements of the following roadways in Corpus Christi, Nueces County, Texas: Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne Road, and Clare Drive from South Padre Island Drive to McArdle Road (the "Project ") In that resolution, the City Council also noted that street, curb, gutter, and sidewalk improvements were to be paid for partly by the city and partly by assessments. Driveway improvements were to be paid for entirely by assessments. On November 26, 1996, the City Council passed Resolution No. 022767, which specified rules which apply to the city street improvements assessment process (the "Assessment Process Rules Resolution "). These rules concerned assessment hearing notice and the assessment hearing itself. In Resolution No. 029738, passed on January 29, 2013, the City Council scheduled a public hearing on proposed assessments for the Project. The City Council directed that hearing noticed be published and mailed in accordance with the Assessment Process Rules Resolution. Thereafter, notice was published on the following dates: February 4, 2013, February 11, 2013, and February 18, 2013. Written notice was sent via certified mail to owners of property abutting the proposed improvements on February 1,2013. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. During the February 26, 2013 City Council meeting, a public hearing was held concerning proposed assessment for the Project. The City Council considered: A. Written testimony by the City's Director of Engineering Services and a city- retained real estate appraiser. A copy of the appraiser's written testimony is attached as Exhibit A. B. Testimony, if any, by owners of property abutting the proposed improvements and their representatives; C. Additional testimony, if any, by the Director of Engineering Services, other members of city staff, and a city- retained real estate appraiser; and D. Other testimony and evidence, if any. After consideration of all testimony and other evidence, the assessment hearing is closed. SECTION 2. Proposed assessments for each property abutting proposed improvements are listed in Exhibit B. These assessments have been calculated according to the requirement of the Code of Ordinances, City of Corpus Christi, (the "Corpus Christi Code ") Section 49 -2 -1 and Texas Transportation Code Chapter 313. The front -foot rule was applied unless that would have resulted in injustice or inequality. In those cases, however, the City Council has applied special rates or made other equitable adjustment to the assessments, all considering the: A. Special benefit the property and the owner receive in enhanced value to the property; B. Equities of the owners; and C. Adjustment of the apportionment to produce a substantial equality of benefits received and burdens imposed. SECTION 3. The City Council determines that the assessment on each property listed in Exhibit B is just and equitable and does not exceed the special benefit in enhanced value which that property and its owner will receive by construction of the proposed improvements. SECTION 4. The assessments listed in Exhibit B are adopted and fixed as a lien on the property and a personal liability and charge against the property owner. SECTION 5. The Director of Engineering Services, or his designee, is authorized to adjust these assessments and the corresponding liens and charges without further City Council action if it is determined after completion of the proposed improvements that the amount of property actually improved is either greater or less than the amount utilized for purposes of calculating the assessment. Under those circumstances, an adjustment may be made to ensure that the assessment for each property corresponds to as -built conditions. The adjustment will be made using the same assessment method (front -foot rule, special rate, other equitable adjustment) which was used to calculate the assessment listed in Exhibit B. It is intended that these adjustments will trigger any statutory requirement for the City impose revised assessments. not be substantial in nature. Thus, they will not Council to hold a new assessment hearing to SECTION 6. The preliminary assessment role for the subject properties is hereby adopted. These assessments have been imposed after due consideration of all testimony and other evidence. They include any appropriate equitable adjustments. They also reflect the correction of any errors, inaccuracies, or irregularities noted at the public hearing. All protests against or objections to the assessments or to the contract for the improvements, other than reflected in Exhibit B. are denied. SECTION 7. In accordance with Corpus Christi Code Section 49 -21, a property owner may pay an assessment as follows: A. Any property owner against whom and against whose property an assessment as been imposed may pay the whole assessment, without interest, within thirty (30) days after completion and acceptance of the improvement by the City. B. Alternatively, an assessment may be paid in 120 or fewer monthly installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the City. Installments and accrued interest will be due each month thereafter until the assessment is paid. C. Alternatively, an assessment may be paid in 10 or fewer monthly installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the City. One installment and accrued interest will be due each year thereafter until the assessment is paid. SECTION 8. The interest rate on assessments will be the greater of: A. Eight (8) percent per annum; or B. The interest rate paid by the City on its most recently issued General Obligation bonds. Assessment installments may be paid at any time before maturity by paying the principal and accrued interest. If a property owner does not timely pay an assessment indebtedness or any part thereof, then the whole indebtedness remaining unpaid, will, at the option of the City, immediately mature and become payable without notice, demand, or presentment of payment. SECTION 9. These assessment liens are first and prior liens on the property affected. They are superior to any other lien or claim other than one for county, school district, or municipal ad valorem taxes. The liens date from January 29, 2013, the date when the Corpus Christi City Council ordered the Project. SECTION 10. A lien against property or the personal liability of a property owner that arises from an assessment under this Ordinance may be enforced by suit or sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes. Further, the assessments may be collected along with interest, expense of collection, and reasonable attorneys' fees. SECTION 11. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to increase funds in the amount of $147,809.38. SECTION 12. Unspent funds in the amount of $99,217.38 in budgeted Storm Water funds and $48,592 in budgeted Water funds from the Rodd FieldNorktown Intersection at Airline Road project are added to the Project. SECTION 13. The City Manager or designee is authorized to execute a construction contract in the amount of $2,381,270.55 with Bay, Ltd. of Corpus Christi, Texas for the Project to include the Base Bid and Additive Alternates 1 and 2. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary th day of , Nelda Martinez Mayor 0 Clare Drive Ivy Lane Vaky Street My name is George N Paraskevas and I am a State Certified Residential appraiser and have been evaluating properties and practicing real; estate in Corpus Christ area since 1971. 1 have experience in appraisng residential: properties, and I am familar with the real estate market in Corpus Chrisli, I have reviewed the project assessment roll-, and personally examined each of the 96 parcels of land therein, In my opinion each such jarcel Will he j, -3113111 In addition.. it is enhanced by such improvements at least to the extent of the assessment stated, Thank you George N Paraske vas CerHfied Appoiser *FPICZ (361) S92-2,541 FAX (361) 992-2542 gWPaMOCdXcQrg WWW'900rooparaskeN't�3'Con, PRELIMINARY Clare Drive Paving Assessments ADDRESS PAY ITEM QUANTITY UNIT PRICE UNIT TOTAL COST 6358 S.P.I.D. Curb, Gutter & Pavement (Fronting) 0.0 LF $19.50 /LF $0.00 Morteza Shafinury & Curb, Gutter & Pavement (Siding) 205.0 LF $19.50 /LF $3,997.50 Mostasa Bighamian 4' Sidewalk (Fronting) 9.5 SF $1.00 /SF $9.50 Lot 11 & 12, Block 4 4' Sidewalk (Siding) 676.0 SF $1.00 /SF $676.00 Woodlawn Estates Driveway A (in ROW) 359.5 SF $5.20 /SF $1,869.40 PO Box 270152-78427 Driveway A (Behind ROW) (CONC-CONC) 360.0 SF $5.20 /SF $1,872.00 Driveway C (in ROW) 267.5 SF $5.20 /SF $1,391.00 Driveway C (Behind ROW) (CONC-CONC) 259.5 SF $5.20 /SF $1,349.40 Total Assessment Cost: F-$11,164.80 6402 S.P.I.D Curb, Gutter & Pavement (Fronting) 0.0 LF $19.50 /LF $0.00 Morteza Shafinury Curb, Gutter & Pavement (Siding) 205.0 LF $19.50 /LF $3,997.50 Lot 14, Block 3 4' Sidewalk (Fronting) 0.0 SF $1.00 /SF $0.00 Woodlawn Estates 4' Sidewalk (Siding) 770.5 SF $1.00 /SF $770.50 7614 Starnberg Lake Dr. Driveway B (in ROW) 212.5 SF $5.20 /SF $1,105.00 Corpus Christi, TX 78413 Driveway B (Behind ROW) (ASPH-ASPH) 166.0 SF $25.00 /SY $461.11 Driveway D (in ROW) 144.5 SF $5.20 /SF $751.40 Driveway D (Behind ROW) (ASPH-ASPH) 0.0 SF $25.00 /SY $0.00 Total Assessment Cost: F-$7,085.51 1429 Clare Drive Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Irma Del Bosque Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 C/O Reno Del Bosque 4' Sidewalk (Fronting) 171.0 SF $1.00 /SF $171.00 Lot 10B, Block 4 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway E (In ROW) 95.0 SF $5.20 /SF $494.00 Driveway E (Behind ROW) (ASPH-ASPH) 43.5 SF $25.00 /SY $120.83 Total Assessment Cost: =$1,273.33 1425 Clare Drive Curb, Gutter & Pavement (Fronting) 75.0 LF $9.75 /LF $731.25 Jesus/Jaqueline Maqueda Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 SW25'of Lot 9 & NE Half 4' Sidewalk (Fronting) 258.5 SF $1.00 /SF $258.50 of Lot 10, Block 4 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway E (In ROW) 129.0 SF $5.20 /SF $670.80 Driveway E (Behind ROW) (ASPH-ASPH) 62.5 SF $25.00 /SY $173.61 Total Assessment Cost: F-$1,834.16 1426 Clare Drive Curb, Gutter & Pavement (Fronting) 67.0 LF $9.75 /LF $653.25 Mary Beatrice Smith Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 S67' of Lot 15, Block 3 4' Sidewalk (Fronting) 221.0 SF $1.00 /SF $221.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway F (In ROW) 159.5 SF $5.20 /SF $829.40 Driveway F (Behind ROW) (ASPH-GRVL) 59.0 SF $25.00 /SY $163.89 Total Assessment Cost: F-$1,867.54 1424 Clare Drive Curb, Gutter & Pavement (Fronting) 67.0 LF $9.75 /LF $653.25 Cladolmira R. Pizana Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 NE33' of Lot 15 & S34' of 4' Sidewalk (Fronting) 227.5 SF $1.00 /SF $227.50 Lot 16, Block 3 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway G (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway G (Behind ROW) (CONC-CONC) 80.0 SF $5.20 /SF $416.00 Total Assessment Cost: F $2.024.75 1419 Clare Drive Curb, Gutter & Pavement (Fronting) 75.0 LF $9.75 /LF $731.25 Jean Pierre Albrecht Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 9A, Block 4 4' Sidewalk (Fronting) 261.5 SF $1.00 /SF $261.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 1717 Waldron Rd. Driveway H (in ROM 152.5 SF $5.20 /SF $793.00 Corpus Christi, TX 78418 Driveway H (Behind ROW) (ASPH-GRVL) 111.5 SF $25.00 /SY $309.72 Total Assessment Cost: $2,095.47 12/20/2012 1 of 4 PRELIMINARY Clare Drive Paving Assessments 1418 Clare Drive Curb, Gutter & Pavement (Fronting) 66.0 LF $9.75 /LF $643.50 Concepcion L. Esparza Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 16A, Block 3 4' Sidewalk (Fronting) 230.0 SF $1.00 /SF $230.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 6334 St. Denis Driveway I (In ROW) 140.0 SF $5.20 /SF $728.00 Corpus Christi, TX 78414 Driveway I (Behind ROW) (CONC -CONC) 80.0 SF $5.20 /SF $416.00 Driveway L (In ROW) Total Assessment Cost: $2.017.50 1409 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Robert E. Gilley Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 8, Block 4 4' Sidewalk (Fronting) 315.5 SF $1.00 /SF $315.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 PO Box 81139-78412 Driveway J (In ROW) 164.0 SF $5.20 /SF $852.80 Driveway J (Behind ROW) (ASPH -GRVL) 97.5 SF $25.00 /SY $270.83 Driveway L (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway L (Behind ROW) (CONC -CONC) 50.0 SF $5.20 /SF $260.00 Total Assessment Cost: $3,402.13 1414 Clare Drive Curb, Gutter & Pavement (Fronting) 67.O LF $9.75 /LF $653.25 Doris E. Jordan Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 S67' of Lot 17, Block 3 4' Sidewalk (Fronting) 208.5 SF $1.00 /SF $208.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 1202 Lake Forest Dr. Driveway K (In ROW) 194.5 SF $5.20 /SF $1,011.40 Marble Falls, TX78654 Driveway K (Behind ROW) (CONC -CONC) 0.0 SF $5.20 /SF $0.00 Total Assessment Cost: $1,873.15 1401 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Bradley Wayne Dirksen Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 NW50' of Lot 7, Block 4 4' Sidewalk (Fronting) 318.5 SF $1.00 /SF $318.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway M (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway M (Behind ROW) (ASPH -ASPH) 30.0 SF $25.00 /SY $83.33 Driveway P (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway P (Behind ROW) (ASPH -GRVL) 40.0 SF $25.00 /SY $111.11 Total Assessment Cost: $2,943.94 1410 Clare Drive Curb, Gutter & Pavement (Fronting) 67.O LF $9.75 /LF $653.25 Lawrence E. Daniel Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.00 N33' of lot 17 & S34' of 4' Sidewalk (Fronting) 211.5 SF $1.00 /SF $211.50 Lot 18, Block 3 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway N (In ROW) 201.5 SF $5.20 /SF $1,047.80 Driveway N (Behind ROW) (CONC -CONC) 0.0 SF $5.20 /SF $0.00 Total Assessment Cost: $1,912.55 1408 Clare Drive Curb, Gutter & Pavement (Fronting) 66.0 LF $9.75 /LF $643.50 Pat Ojeda ET UX Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 18A, Block 3 4' Sidewalk (Fronting) 224.5 SF $1.00 /SF $224.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 7449 Convair Driveway O (In ROW) 140.0 SF $5.20 /SF $728.00 Corpus Christi, TX 78412 Driveway O (Behind ROW) (ASPH -ASPH) 50.0 SF $25.00 /SY $138.89 Total Assessment Cost: $1,734.89 1345 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Catherine Y. Stroud Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 6, Block 4 4' Sidewalk (Fronting) 302.5 SF $1.00 /SF $302.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway Q (In ROW) 185.5 SF $5.20 /SF $964.60 Driveway Q (Behind ROW) (CONC -CONC) 113.5 SF $5.20 /SF $590.20 Driveway S (In ROW) 157.5 SF $5.20 /SF $819.00 Driveway S (Behind ROW) (CONC -CONC) 93.0 SF $5.20 /SF $483.60 Total Assessment Cost: $4,134.90 12/20/2012 2 of 4 PRELIMINARY Clare Drive Paving Assessments 1346 Clare Drive Curb, Gutter & Pavement (Fronting) 67.O LF $9.75 /LF $653.25 Travis Martin Williams Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 S67' of Lot 19, Block 3 4' Sidewalk (Fronting) 179.5 SF $1.00 /SF $179.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway R (In ROW) 275.5 SF $5.20 /SF $1,432.60 Driveway R (Behind ROW) (ASPH -GRVL) 178.5 SF $25.00 /SY $495.83 Total Assessment Cost: $2,761.18 1340 Clare Drive Curb, Gutter & Pavement (Fronting) 67.0 LF $9.75 /LF $653.25 Gwynard Wesley Johnson Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 N33' of Lot 19 & S34' of 4' Sidewalk (Fronting) 254.0 SF $1.00 /SF $254.00 Lot 20, Block 3 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway T (In ROW) 142.5 SF $5.20 /SF $741.00 4230 key West Dr. Driveway T (Behind ROW) (CONC -CONC) 81.5 SF $5.20 /SF $423.80 Corpus Christi, TX 78411 Total Assessment Cost: $2,072.05 1337 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Francis & Florence Carrigai Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Nicholson 4' Sidewalk (Fronting) 283.0 SF $1.00 /SF $283.00 Lot 5, Block 4 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway U (In ROW) 160.5 SF $5.20 /SF $834.60 1806 Brazos Dr. Driveway U (Behind ROW) (CONC -CONC) 95.O SF $5.20 /SF $494.00 Corpus Christi, TX 78412 Driveway W (In ROW) 217.0 SF $5.20 /SF $1,128.40 Driveway W (Behind ROW) (ASPH -GRVL) 136.0 SF $25.00 /SY $377.78 Total Assessment Cost: $4,092.78 1334 Clare Drive Curb, Gutter & Pavement (Fronting) 66.0 LF $9.75 /LF $643.50 Leonel Hernandez Jr. Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 N66' of Lot 21, Block 3 4' Sidewalk (Fronting) 332.0 SF $1.00 /SF $332.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway V (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway V (Behind ROW) (ASPH -GRVL) 30.O SF $25.00 /SY $83.33 Total Assessment Cost: $1,786.83 1329 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Linda Thompson Bearden Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 4, Block 4 4' Sidewalk (Fronting) 366.0 SF $1.00 /SF $366.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway X (In ROW) 179.0 SF $5.20 /SF $930.80 Driveway X (Behind ROW) (CONC -CONC) 68.0 SF $5.20 /SF $353.60 Total Assessment Cost: $2,625.40 1326 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Lee & Yolanda Montoya Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 ET UX 4' Sidewalk (Fronting) 321.5 SF $1.00 /SF $321.50 Lot 21, Block 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway Y(In ROW) 246.0 SF $5.20 /SF $1,279.20 Driveway Y (Behind ROW) (CONC -CONC) 59.0 SF $5.20 /SF $306.80 Total Assessment Cost: $2,882.50 1321 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Moises George ET UX, Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Dolores Cantu 4' Sidewalk (Fronting) 367.5 SF $1.00 /SF $367.50 Lot 3, Block 4 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Woodlawn Estates Driveway (In ROW) 140.5 SF $5.20 /SF $730.60 Driveway Z (Behind ROW) (ASPH - GRVL) 80.5 SF $25.00 /SY $223.61 Total Assessment Cost: F $2,296.71 12/20/2012 3 of 4 PRELIMINARY Clare Drive Paving Assessments 1318 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Emilio Reyes ET UX Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 22, Block 3 4' Sidewalk (Fronting) 363.5 SF $1.00 /SF $363.50 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 5325 Williams Dr. Driveway AA (In ROW) 147.0 SF $5.20 /SF $764.40 Corpus Christi, TX 78411 Driveway AA (Behind ROW) (ASPH -GRVL) 95.5 SF $25.00 /SY $265.28 Total Assessment Cost: $2,368.18 1313 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Ernest Kenneth Lowe Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 2, Block 4 4' Sidewalk (Fronting) 301.0 SF $1.00 /SF $301.00 Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AB (In ROW) 156.5 SF $5.20 /SF $813.80 Driveway AB (Behind ROW) (ASPH -GRVL) 92.0 SF $25.00 /SY $255.56 Driveway AC (In ROW) 159.5 SF $5.20 /SF $829.40 Driveway AC (Behind ROW) (ASPH -GRVL) 94.0 SF $25.00 /SY $261.11 Total Assessment Cost: $3,435.87 1310 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75 /LF $975.00 Prooth Sibounheuang Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 ET UX 4' Sidewalk (Fronting) 306.0 SF $1.00 /SF $306.00 W100'x129' of Lot 23, 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Block 3 Driveway AD (In ROW) 288.5 SF $5.20 /SF $1,500.20 Woodlawn Estates Driveway AD (Behind ROW) (CONC -CONC) 235.0 SF $5.20 /SF $1,222.00 Total Assessment Cost: $4,003.20 1301 Clare Drive Curb, Gutter & Pavement (Fronting) 92.5 LF $9.75 /LF $901.88 Carolina Avaya Curb, Gutter & Pavement (Siding) 14.0 LF $4.88 /LF $68.32 Lot 1, Block 4 4' Sidewalk (Fronting) 358.0 SF $1.00 /SF $358.00 Woodlawn Estates 4' Sidewalk (Siding) 34.5 SF $0.50 /SF $17.25 Driveway AE (In ROW) 140.0 SF $5.20 /SF $728.00 Driveway AE (Behind ROW) (ASPH -GRVL) 0.0 SF $25.00 /SY $0.00 Total Assessment Cost: $2,073.45 1306 Clare Drive Curb, Gutter & Pavement (Fronting) 92.5 LF $9.75 /LF $901.88 Abelia Snyder Curb, Gutter & Pavement (Siding) 16.O LF $4.88 /LF $78.08 Lot 24A, Block 3 4' Sidewalk (Fronting) 348.5 SF $1.00 /SF $348.50 Woodlawn Estates 4' Sidewalk (Siding) 36.5 SF $0.50 /SF $18.25 Driveway AF (In ROW) 154.5 SF $5.20 /SF $803.40 Driveway AF (Behind ROW) (CONC -CONC) 70.5 SF $5.20 /SF $366.60 Total Assessment Cost: F $2,516.71 12/20/2012 4 of 4 PRELIMINARY Ivy Lane Paving Assessments ADDRESS PAY ITEM QUANTITY UNIT PRICE UNIT TOTAL COST 3140 Gollihar Road Curb, Gutter & Pavement (Fronting) 0.0 LF $19.50 /LF $0.00 Church's Chicken of CC Curb, Gutter & Pavement (Siding) 91.5 LF $19.50 /LF $1,784.25 Lot 1A & 2, Block c 4' Sidewalk (Fronting) 22.0 SF $1.00 /SF $22.00 Ava Cooper Subd. 4' Sidewalk (Siding) 414.0 SF $1.00 /SF $414.00 Coastal Tax Consultants Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Bandera, TX 78003 -3137 Driveway (Behind ROW) 0.0 SF $5.22 /SF $0.00 Total Assessment Cost: $2,220.25 3140 Ivy Lane Curb, Gutter &Pavement (Fronting) 0.0 LF $19.50 /LF $0.00 Church's Chicken of CC Curb, Gutter & Pavement (Siding) 50.0 LF $19.50 /LF $975.00 Lot 12A 4' Sidewalk (Fronting) 0.0 SF $1.00 /SF $0.00 Ava Cooper Subd. 4' Sidewalk (Siding) 200.0 SF $1.00 /SF $200.00 Coastal Tax Consultants Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Bandera, TX 78003 -3137 Driveway (Behind ROW) 0.0 SF $5.22 /SF $0.00 Total Assessment Cost: $1,175.00 3126 Gollihar Road Curb, Gutter & Pavement (Fronting) 0.0 LF $9.75 /LF $0.00 Templo Cristo Rey de Gloria Curb, Gutter & Pavement (Siding) 50.0 LF $4.88 /LF $244.00 Lot 13, Block 2 4' Sidewalk (Fronting) 0.0 SF $1.00 /SF $0.00 Brookside Subd. 4' Sidewalk (Siding) 107.5 SF $0.50 /SF $53.75 PO Box 71706 Driveway A (In ROW) 284.5 SF $5.22 /SF $1,485.09 Driveway A (Behind ROW) (CONC -CONC) 231.0 SF $5.22 /SF $1,205.82 Total Assessment Cost: $29988.66 3126 Gollihar Road Curb, Gutter & Pavement (Fronting) 0.0 LF $9.75 /LF $0.00 Templo Cristo Rey de Gloria Curb, Gutter & Pavement (Siding) 25.0 LF $4.88 /LF $122.00 Lot 1, Ex. SW 10', Block 2 4' Sidewalk (Fronting) 23.5 SF $1.00 /SF $23.50 Brookside Subd. 4' Sidewalk (Siding) 158.5 SF $0.50 /SF $79.25 PO Box 71706 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $5.22 /SF $0.00 Total Assessment Cost: $224.75 4417 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Bobby D. Harris Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 12, Block 2 4' Sidewalk (Fronting) 160.0 SF $1.00 /SF $160.00 Brookside Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway B (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway B (Behind ROW) (CONC -CONC) 30.0 SF $5.22 /SF $156.60 Total Assessment Cost: $1,534.90 4413 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Templo Cristo Rey de Gloria Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 11, Block 2 4' Sidewalk (Fronting) 162.0 SF $1.00 /SF $162.00 Brookside Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 3126 Gollihar Driveway C (In ROW) 162.0 SF $5.22 /SF $845.64 Corpus Christi, TX 78415 Driveway C (Behind ROW) (ASPH -GRVL) 84.0 SF $26.12 /SY $243.79 Total Assessment Cost: $19738.93 4414 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Karla Reyna & Husband Curb, Gutter &Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 11A & Portion of Lot 11 4' Sidewalk (Fronting) 148.0 SF $1.00 /SF $148.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway D (In ROW) 191.0 SF $5.22 /SF $997.02 Driveway D (Behind ROW) (CONC -CONC) 102.5 SF $5.22 /SF $535.05 Total Assessment Cost: $2,167.57 12/20/2012 1 of 7 PRELIMINARY Ivy Lane Paving Assessments 4410 Ivy Lane Curb, Gutter & Pavement (Fronting) 45.0 LF $9.75 /LF $438.75 Santos A. ET UX & Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Virginia Herrera 4' Sidewalk (Fronting) 129.0 SF $1.00 /SF $129.00 Lot 10A 4' Sidewalk (Siding) 0.0 SIF $0.50 /SF $0.00 Ava Cooper Subd. Driveway E (in ROW) 166.5 SF $5.22 /SF $869.13 Total Assessment Cost: Driveway E (Behind ROW) (CONC-CONC) 149.0 SIF $5.22 /SF $777.78 Total Assessment Cost: -$2,214.66 4409 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Jesus A. Soto ET UX & Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Jacqueline 4' Sidewalk (Fronting) 126.0 SF $1.00 /SF $126.00 Lot 10, Block 2 4' Sidewalk (Siding) 0.0 SIF $0.50 /SF $0.00 Brookside Subd. Driveway F (in ROW) 234.0 SF $5.22 /SF $1,221.48 Driveway F (Behind ROW) (ASPH-ASPH) 130.0 SIF $26.12 /SY $377.29 Total Assessment Cost: -$2,212.27 4405 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Irene Haeber Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 9, Block 2 4' Sidewalk (Fronting) 160.0 SF $1.00 /SF $160.00 Brookside Subd. 4' Sidewalk (Siding) 0.0 SIF $0.50 /SF $0.00 6055 Lost Creek Driveway G (In ROW) 140.0 SF $5.22 /SF $730.80 Corpus Christi, TX 78413 Driveway G (Behind ROW) (CONC-CONC) 60.0 SIF $5.22 /SF $313.20 Total Assessment Cost: -$1,691.50 4402 Ivy Lane Curb, Gutter & Pavement (Fronting) 47.5 LF $9.75 /LF $463.13 Safeguard System Inc. Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 8A 4' Sidewalk (Fronting) 115.0 SF $1.00 /SF $115.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SIF $0.50 /SF $0.00 4401 Kostoryz Driveway H (In ROW) 236.0 SF $5.22 /SF $1,231.92 Corpus Christi, TX 78415 Driveway H (Behind ROW) (ASPH-GRVL) 0.0 SIF $26.12 /SY $0.00 Total Assessment Cost: $1,810.05 4401 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF Irene Haeber Curb, Gutter & Pavement (Siding) 0.0 LF Lot 8, Block 2 4' Sidewalk (Fronting) 159.5 SF Brookside Subd. 4' Sidewalk (Siding) 0.0 SIF 6055 Lost Creek Driveway I (In ROW) 141.5 SF Corpus Christi, TX 78413 Driveway I (Behind ROW) (CONC-CONC) 8.5 SF 4406 Ivy Lane Safeguard System Inc. Lot 9A Ava Cooper Subd. Christi, TX 78415 $9.75 /LF $4.88 /LF $1.00 /SF $0.50 /SF $5.22 /SF $5.22 /SF Assessment Cost: $487.50 $0.00 $159.50 $0.00 $738.63 $44.37 0909M Curb, Gutter & Pavement (Fronting) 47.5 LF $9.75 /LF $463.13 Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 4' Sidewalk (Fronting) 190.0 SIF $1.00 /SF $190.00 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (in ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) (ASPH-GRVL) 0.0 SF $26.12 /SY $0.00 Total Assessment Cost: $653.13 4365 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.5 LF Joe Rangel de la Rosa Curb, Gutter & Pavement (Siding) 0.0 LF Lot 1 4' Sidewalk (Fronting) 198.0 SIF Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF Driveway J (in ROW) 140.0 SIF Driveway J (Behind ROW) (CONC-CONC) 50.0 SF $9.75 /LF $4.88 /LF $1.00 /SF $0.50 /SF $5.22 /SF $5.22 /SF Assessment Cost: B 12/20/2012 2 of 7 PRELIMINARY Ivy Lane Paving Assessments 4358 Ivy Lane Curb, Gutter & Pavement (Fronting) 54.0 LF $9.75 /LF $526.50 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 71i 4' Sidewalk (Fronting) 181.0 SF $1.00 /SF $181.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 4350 Ivy Lane Driveway K (In ROW) 140.0 SF $5.22 /SF $730.80 Corpus Christi, TX Driveway K (Behind ROW) (ASPH -ASPH) 0.0 SF $26.12 /SY $0.00 Total Assessment $1,438.30 4361 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion /Maria Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 2 4' Sidewalk (Fronting) 164.0 SF $1.00 /SF $164.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway L (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway L (Behind ROW) (ASPH -ASPH) 23.0 SF $26.12 /SY $66.75 Total Assessment Cost: $1,449.05 4354 Ivy Lane Curb, Gutter &Pavement (Fronting) 52.0 LF $9.75 /LF $507.00 Thomas R. Riddick Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7 4' Sidewalk (Fronting) 161.0 SF $1.00 /SF $161.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 PO Box 270366 -78427 Driveway M (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway M (Behind ROW) (ASPH -ASPH) 30.0 SF $26.12 /SY $87.07 Total Assessment Cost: $1,485.87 4357 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 3 4' Sidewalk (Fronting) 164.0 SF $1.00 /SF $164.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 4350 Ivy Lane Driveway N (In ROW) 140.0 SF $5.22 /SF $730.80 Corpus Christi, TX Driveway N (Behind ROW) (CONC -CONC) 70.0 SF $5.22 /SF $365.40 Total Assessment $1,747.70 4346 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7D 4' Sidewalk (Fronting) 154.5 SF $1.00 /SF $154.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 4350 Ivy Lane Driveway O (in ROW) 58.5 SF $5.22 /SF $305.37 Corpus Christi, TX Driveway O (Behind ROW) (ASPH -ASPH) 40.5 SF $26.12 /SY $117.54 Total Assessment Cost: $1,064.91 4350 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7C 4' Sidewalk (Fronting) 181.5 SF $1.00 /SF $181.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway O (In ROW) 78.5 SF $5.22 /SF $409.77 Driveway O (Behind ROW) (ASPH -ASPH) 29.0 SF $26.12 /SY $84.16 Total Assessment Cost: $1,162.93 4353 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion Villanueva ET UX Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 4 4' Sidewalk (Fronting) 162.5 SF $1.00 /SF $162.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway P (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway P (Behind ROW) (ASPH -ASPH) 50.0 SF $26.12 /SY $145.11 Total Assessment Cost: $1,525.91 12/20/2012 3 of 7 PRELIMINARY Ivy Lane Paving Assessments 4349 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Ernesto Reyes Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 5 4' Sidewalk (Fronting) 170.0 SF $1.00 /SF $170.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway Q (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway Q (Behind ROW) (ASPH -GRVL) 50.0 SF $26.12 /SY $145.11 Total Assessment Cost: $1,533.41 4342 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Encarnacion /Maria Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7E 4' Sidewalk (Fronting) 178.5 SF $1.00 /SF $178.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway R (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway R (Behind ROW) (CONC -CONC) 50.0 SF $5.22 /SF $261.00 Total Assessment Cost: $1,657.80 4345 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 San Juanita Flores ET ALS Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 6 4' Sidewalk (Fronting) 160.0 SF $1.00 /SF $160.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway S (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway S (Behind ROW) (ASPH -ASPH) 30.0 SF $26.12 /SY $87.07 Total Assessment Cost: $1,465.37 4338 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.5 LF $9.75 /LF $492.38 Encarnacion Villanueva Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7F 4' Sidewalk (Fronting) 166.0 SF $1.00 /SF $166.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway T (In ROW) 132.0 SF $5.22 /SF $689.04 Driveway T (Behind ROW) (ASPH -ASPH) 70.0 SF $26.12 /SY $203.16 Total Assessment Cost: $11550.57 4334 Ivy Lane Curb, Gutter &Pavement (Fronting) 62.5 LF $9.75 /LF $609.38 Juan M. /Mary G. Macias Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Half of Lot 6 4' Sidewalk (Fronting) 209.5 SF $1.00 /SF $209.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway U (In ROW) 196.0 SF $5.22 /SF $1,023.12 Driveway U (Behind ROW) (CONC -CONC) 84.5 SF $5.22 /SF $441.09 Total Assessment Cost: $2,283.09 4341 Ivy lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Ofilia Basaldu Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 7 4' Sidewalk (Fronting) 162.5 SF $1.00 /SF $162.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway V (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway V (Behind ROW) (ASPH -GRVL) 50.0 SF $26.12 /SY $145.11 Total Assessment Cost: $1,525.91 4328 Ivy Lane Curb, Gutter &Pavement (Fronting) 66.0 LF $9.75 /LF $643.50 Enrique JR/Juanita M. Reyes Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Half of Lot 5 4' Sidewalk (Fronting) 216.5 SF $1.00 /SF $216.50 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway W (In ROW) 175.5 SF $5.22 /SF $916.11 Driveway W (Behind ROW) (ASPH -ASPH) 79.5 SF $26.12 /SY $230.73 Total Assessment Cost: $2,006.84 12/20/2012 4 of 7 PRELIMINARY Ivy Lane Paving Assessments 4337 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Kimberly Puebla Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 8 4' Sidewalk (Fronting) 156.0 SF $1.00 /SF $156.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 4709 Phillip Dr. Driveway X (In ROW) 162.0 SF $5.22 /SF $845.64 Corpus Christi, TX 78415 Driveway X (Behind ROW) (ASPH -GRVL) 60.0 SF $26.12 /SY $174.13 Total Assessment Cost: $1,663.27 4333 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Leon Rolando Castaneda Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 9 4' Sidewalk (Fronting) 168.5 SF $1.00 /SF $168.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway Y (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway Y (Behind ROW) (CONC -CONC) 80.0 SF $5.22 /SF $417.60 Total Assessment Cost: $1,804.40 4326 Ivy Lane Curb, Gutter &Pavement (Fronting) 62.0 LF $9.75 /LF $604.50 Marco /Maria Moreno Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 4A 4' Sidewalk (Fronting) 208.0 SF $1.00 /SF $208.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway Z (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway Z (Behind ROW) (CONC -CONC) 30.0 SF $5.22 /SF $156.60 Total Assessment Cost: $1,699.90 4329 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Jose Noe /Aurora Garcia Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 10 4' Sidewalk (Fronting) 170.0 SF $1.00 /SF $170.00 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AA (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway AA (Behind ROW) (CONC -CONC) 70.5 SF $5.22 /SF $368.01 Total Assessment Cost: $1,756.31 4325 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.0 LF $9.75 /LF $487.50 Reynado P. JR/Mary L. Leal Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 11 4' Sidewalk (Fronting) 104.5 SF $1.00 /SF $104.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AB (In ROW) 272.5 SF $5.22 /SF $1,422.45 Driveway AB (Behind ROW) (CONC -CONC) 144.0 SF $5.22 /SF $751.68 Total Assessment Cost: $2,766.13 4317 Ivy Lane Curb, Gutter &Pavement (Fronting) 97.0 LF $9.75 /LF $945.75 Rafael Luis /Elisa Garza Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 12 4' Sidewalk (Fronting) 305.5 SF $1.00 /SF $305.50 Nicholson Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AB (In ROW) 258.0 SF $5.22 /SF $1,346.76 Driveway AB (Behind ROW) (ASPH -GRVL) 111.5 SF $26.12 /SY $323.60 Total Assessment Cost: $2,921.61 4322 Ivy Lane Curb, Gutter &Pavement (Fronting) 62.0 LF $9.75 /LF $604.50 Irene Haeber Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 NW Half of Lot 3C 4' Sidewalk (Fronting) 208.0 SF $1.00 /SF $208.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AC (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway AC (Behind ROW) (ASPH -GRVL) 30.5 SF $26.12 /SY $88.52 Total Assessment Cost: $1,631.82 12/20/2012 5 of 7 PRELIMINARY Ivy Lane Paving Assessments 4318 Ivy Lane Curb, Gutter & Pavement (Fronting) 62.0 LF $9.75 /LF $604.50 Carolina P. Flores Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 2B 4' Sidewalk (Fronting) 213.0 SF $1.00 /SF $213.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AD (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway AD (Behind ROW) (CONC -CONC) 82.5 SF $5.22 /SF $430.65 Total Assessment Cost: $1,978.95 3125 Ivy Lane Curb, Gutter &Pavement (Fronting) 50.5 LF $9.75 /LF $492.38 Grace Bible Church Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 1, Block 1 4' Sidewalk (Fronting) 113.0 SF $1.00 /SF $113.00 Tower Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AE (In ROW) 140.0 SF $5.22 /SF $730.80 Driveway AE (Behind ROW) (CONC -CONC) 70.0 SF $5.22 /SF $365.40 Driveway AF (In ROW) 162.0 SF $5.22 /SF $845.64 Driveway AF (Behind ROW) (CONC -CONC) 85.0 SF $5.22 /SF $443.70 Total Assessment Cost: $2,990.92 3125 Ivy Lane Curb, Gutter &Pavement (Fronting) 42.5 LF $9.75 /LF $414.38 Grace Bible Church Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 2, Block 1 4' Sidewalk (Fronting) 169.0 SF $1.00 /SF $169.00 Tower Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $583.38 3125 Ivy Lane Curb, Gutter &Pavement (Fronting) 42.5 LF $9.75 /LF $414.38 Grace Bible Church Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 3, Block 1 4' Sidewalk (Fronting) 132.5 SF $1.00 /SF $132.50 Tower Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway AG (In ROW) 140.5 SF $5.22 /SF $733.41 Driveway AG (Behind ROW) (ASPH -ASPH) 30.5 SF $26.12 /SY $88.52 Total Assessment Cost: $1,368.80 3125 Ivy Lane Curb, Gutter &Pavement (Fronting) 42.5 LF $9.75 /LF $414.38 Grace Bible Church Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 4, Block 1 4' Sidewalk (Fronting) 178.5 SF $1.00 /SF $178.50 Tower Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $592.88 4314 Ivy Lane Curb, Gutter &Pavement (Fronting) 63.0 LF $9.75 /LF $614.25 Juan Pablo Duran Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 1E 4' Sidewalk (Fronting) 253.0 SF $1.00 /SF $253.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $867.25 .......... ............................... 4310 Ivy Lane ............................................................................................ Curb, Gutter & Pavement (Fronting) ............................... 97.0 LF .. .. ............................... $9.75 /LF .. $945.75 Juan Pablo Duran Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.00 Lot 1D 4' Sidewalk (Fronting) 383.0 SF $1.00 /SF $383.00 Ava Cooper Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $19328.75 12/20/2012 6 of 7 PRELIMINARY Ivy Lane Paving Assessments 4315 Ivy Lane Curb, Gutter & Pavement (Fronting) 39.0 LF $9.75 /LF $380.25 Armando /Emma Botello Curb, Gutter & Pavement (Siding) 38.5 LF $4.88 /LF $187.88 Lot 5, Block 1 4' Sidewalk (Fronting) 165.5 SF $1.00 /SF $165.50 Tower Subd. 4' Sidewalk (Siding) 126.0 SF $0.50 /SF $63.00 Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $796.63 ..............:................................................... 3141 Borne Road ......................... Curb, Gutter & Pavement (Fronting) ............. ............................... 33.5 LF .. .............................. $9.75 /LF . $326.63 Steve L. JR/Maria Benavidez Curb, Gutter & Pavement (Siding) 75.0 LF $4.88 /LF $366.00 Lot 6N 4' Sidewalk (Fronting) 153.5 SF $1.00 /SF $153.50 Ava Cooper Subd. 4' Sidewalk (Siding) 301.0 SF $0.50 /SF $150.50 3126 Horne Rd. Driveway (In ROW) 0.0 SF $5.22 /SF $0.00 Corpus Christi, TX Driveway (Behind ROW) 0.0 SF $26.12 /SF $0.00 Total Assessment Cost: $996.63 12/20/2012 7 of 7 PRELIMINARY Vaky Street Paving Assessments ADDRESS PAY ITEM QUANTITY UNIT PRICE UNIT TOTAL COST 653 Vaky Street Curb, Gutter & Pavement (Fronting) 80.0 LF $9.75 /LF $780.00 VickyL. & John L. Harvin Curb, Gutter & Pavement (Siding) 74.0 LF $4.88 /LF $361.12 Lot 15 & W 20' of Lot 16 4' Sidewalk (Fronting) 337.0 SF $1.00 /SF $337.00 Block 32 4' Sidewalk (Siding) 142.0 SF $0.50 /SF $71.00 Lindale Park 3 Subd. Driveway A (In ROW) 136.5 SF $6.10 /SF $832.65 Driveway A (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: F $2.381.77 354 Vaky Street Curb, Gutter & Pavement (Fronting) 77.0 LF $9.75 /LF $750. John Boyd Graham Curb, Gutter & Pavement (Siding) 68.O LF $4.88 /LF $331. _ot 14, Block 29 4' Sidewalk (Fronting) 350.5 SF $1.00 /SF $350. _ indale Park 3 Subd. 4' Sidewalk (Siding) 143.0 SF $0.50 /SF $71. indale Park 3Subd. Driveway (In ROW) 0.0 SF $6.10 /SF $0. Driveway (Behind ROW) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,504. 49 Vaky Street Curb, Gutter & Pavement (Fronting) 65.0 LF $9.75 /LF $633.7 ophie Ruiz Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $O.0 40' of Lot 16 & W25' of 4' Sidewalk (Fronting) 237.0 SF $1.00 /SF $237.0 of 17, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $O.0 indale Park 3Subd. Driveway A (In ROW) 134.0 SF $6.10 /SF $817.4 Driveway A (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $O.0 Total Assessment Cost: F $1,688.1 50 Vaky Street Curb, Gutter & Pavement (Fronting) 61.0 LF $9.75 /LF $594. ilda Garcia Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0. of 13, Block 29 4' Sidewalk (Fronting) 221.5 SF $1.00 /SF $221. indale Park 3 Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3Subd. Driveway B (In ROW) 140.0 SF $6.10 /SF $854. Driveway B (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,670. 346 Vaky Street Curb, Gutter & Pavement (Fronting) 61.0' LF $9.75 /LF $594.7 John Joseph Daws Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $O.0 _ot 12, Block 29 4' Sidewalk (Fronting) 250.5 SF $1.00 /SF $250.° _ indale Park 3 Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $O.0 indale Park 3Subd. Driveway C (In ROW) 149.0 SF $6.10 /SF $908.0 Driveway C (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $O.0 Total Assessment Cost: F $1,754.1 45 Vaky Street Curb, Gutter & Pavement (Fronting) 65.0 LF $9.75 /LF $633. enny J. McNabb Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0. 35' of Lot 17 & W30' of 4' Sidewalk (Fronting) 223.0 SF $1.00 /SF $223. of 18, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3Subd. Driveway D (In ROW) 148.0 SF $6.10 /SF $902. Driveway D (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,759. 42 Vaky Street Curb, Gutter & Pavement (Fronting) 60.5 LF $9.75 /LF $589. lary L. Hoeckle Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 'o Donald Hoeckle ET AL 4' Sidewalk (Fronting) 221.0 SF $1.00 /SF $221. of 11, Block 29 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway E (In ROW) 140.0 SF $6.10 /SF $854. Driveway E (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,664. 12/20/2012 1 of 4 PRELIMINARY Vaky Street Paving Assessments 39 Vaky Street Curb, Gutter & Pavement (Fronting) 65.0 LF $9.75 /LF $633. ebecca A. Dulin Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 30' of Lot 18 & W35' of 4' Sidewalk (Fronting) 239.0 SF $1.00 /SF $239. of 19, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway F (In ROW) 140.0 SF $6.10 /SF $854. $10 Cape Hatteras Dr. Driveway F (Behind ROW) (GONG -CONC) 0.0 SF $6.10 /SF $0. 338 Vaky Street Curb, Gutter & Pavement (Fronting) 60.5 LF $9.75 /LF $589. Juanita R. Almeida Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. _ot 10, Block 29 4' Sidewalk (Fronting) 203.5 SF $1.00 /SF $203. _indale Park 3 Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. _indale Park 3 Subd. Driveway G (In ROW) 140.0 SF $6.10 /SF $854. $10 Cape Hatteras Dr. Driveway G (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. 335 Vaky Street Curb, Gutter & Pavement (Fronting) 65.O LF $9.75 /LF $633. Jennifer M. Perales Curb, Gutter & Pavement (Siding) O.0 LF $4.88 /LF $0. E25' of Lot 19 & W40' of 4' Sidewalk (Fronting) 243.0 SF $1.00 /SF $243. _ot 20, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. _indale Park 3 Subd. Driveway H (In ROW) 140.0 SF $6.10 /SF $854. $10 Cape Hatteras Dr. Driveway H (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. -orpus Christi, TX 78412 Total Assessment Cost: $1,730. 34 Vaky Street Curb, Gutter & Pavement (Fronting) 60.5 LF $9.75 /LF $589. lizabeth A. Foster Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. of 9, Block 29 4' Sidewalk (Fronting) 228.0 SF $1.00 /SF $228. indale Park 3Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway I (In ROW) 140.0 SF $6.10 /SF $854. Driveway I (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: $1,671. 29 Vaky Street Curb, Gutter & Pavement (Fronting) 65.5 LF $9.75 /LF $638. eticia Yvette Castaneda Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 20' of Lot 20 & W45' of 4' Sidewalk (Fronting) 245.5 SF $1.00 /SF $245. of 21, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway J (In ROW) 128.0 SF $6.10 /SF $780. Driveway J (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. MENIF MT 25 Vaky Street Curb, Gutter & Pavement (Fronting) 70.0 LF $9.75 /LF $682. /illiam Allan Stark Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 150' of Lot 21 & W55' of 4' Sidewalk (Fronting) 261.0 SF $1.00 /SF $261. of 22 Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway J (In ROW) 125.0 SF $6.10 /SF $762. Driveway J (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. MENTUM 30 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF $9.75 /LF $585. lartha S. Loftin Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. of 8, Block 29 4' Sidewalk (Fronting) 229.0 SF $1.00 /SF $229. indale Park 3 Subd. 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. Driveway K (In ROW) 140.0 SF $6.10 /SF $854. Driveway K (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F $1,668. 12/20/2012 2 of 4 PRELIMINARY Vaky Street Paving Assessments 21 Vaky Street Curb, Gutter & Pavement (Fronting) 70.0 LF $9.75 /LF $682. ichard Lee Grimes Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 5' of Lot 22, All of Lot 23 & 4' Sidewalk (Fronting) 261.0 SF $1.00 /SF $261. /5' of Lot 24, Block 32 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway L (in ROW) 140.0 SF $6.10 /SF $854. San Antonio, TX 78248 Driveway L (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- $1,797. 626 Vaky Street Curb, Gutter & Pavement (Fronting) 60.5 LF $9.75 /LF $589. Marilyn D. Brenek Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. Lot 7, Block 29 4' Sidewalk (Fronting) 226.5 SF $1.00 /SF $226. Lindale Park 3 Subd. 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. 13406 Langtry Driveway M (in ROW) 140.0 SF $6.10 /SF $854. San Antonio, TX 78248 Driveway M (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- $1,670. 322 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF $9.75 /LF $585. Jesse Albert Bueno Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. -ot 6, Block 29 4' Sidewalk (Fronting) 227.5 SF $1.00 /SF $227. -indale Park 3 Subd. 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway N (in ROW) 140.0 SF $6.10 /SF $854. -orpus Christi, TX 78411 Driveway N (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- $1,666. 17 Vaky Street Curb, Gutter & Pavement (Fronting) 71.0 LF $9.75 /LF $692. ebbie Ann Garza Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. 55' of Lot 24 & W15' of 4' Sidewalk (Fronting) 250.5 SF $1.00 /SF $250. of 25, Block 32 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. indale Park 3 Subd. Driveway 0 (in ROW) 140.0 SF $6.10 /SF $854. -orpus Christi, TX 78411 Driveway 0 (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- $1,796. 11 Vaky Street Curb, Gutter & Pavement (Fronting) 75.5 LF $9.75 /LF $736.1 amona Garcia Gonzales Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $O.0 45' of Lot 25 & W30' of 4' Sidewalk (Fronting) 281.0 SF $1.00 /SF $281.0 of 26, Block 32 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $O.0 indale Park 3 Subd. Driveway P (in ROW) 140.0 SF $6.10 /SF $854.0 -orpus Christi, TX 78411 Driveway P (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $O.0 Total Assessment Cost: F $1,871.1 318 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF $9.75 /LF $585. Robert W. McLain Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. -ot 5, Block 29 4' Sidewalk (Fronting) 208.5 SF $1.00 /SF $208. -indale Park 3 Subd. 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. 4113 Harry St. Driveway Q (in ROW) 209.0 SF $6.10 /SF $1,274. -orpus Christi, TX 78411 Driveway Q (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F- -$2,068. 14 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF $9.75 /LF $585. eticia Garza Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0. of 4, Block 29 4' Sidewalk (Fronting) 220.5 SF $1.00 /SF $220. indale Park 3 Subd. 4'Sidewalk (Siding) 0.0 SF $0.50 /SF $0. Driveway R (in ROW) 140.0 SF $6.10 /SF $854. Driveway R (Behind ROW) (CONC-CONC) 0.0 SF $6.10 /SF $0. Total Assessment Cost: F $1,659. 12/20/2012 3 of 4 PRELIMINARY Vaky Street Paving Assessments 607 Vaky Street Curb, Gutter & Pavement (Fronting) 80.0 LF $9.75 /LF $780.001 Arthur /Angelica Flores Curb, Gutter & Pavement (Siding) 0.0 LF $4.88 /LF $0.001 Granado 4' Sidewalk (Fronting) 306.0 SF $1.00 /SF $306.001 E30' of Lot 26 & W45' of 4' Sidewalk (Siding) 0.0 SF $0.50 /SF $0.001 Lot 27, Block 32 Driveway S (In ROW) 140.0 SF $6.10 /SF $854.001 Lindale Park 3 Subd. Driveway S (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $1,940.00 610 Vaky Street Curb, Gutter & Pavement (Fronting) 59.5 LF $9.75 /LF $580.131 Carmen C. Torres Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.001 Lot 3, Block 29 4' Sidewalk (Fronting) 220.0 SF $1.00 /SF $220.001 Lindale Park 3 Subd. 4' Sidewalk(Siding) 0.0 SF $0.50 /SF $0.001 Driveway T (In ROW) 140.0 SF $6.10 /SF $854.001 Driveway T (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $1,654.13 606 Vaky Street Curb, Gutter & Pavement (Fronting) 60.O LF $9.75 /LF $585.001 David R. Powell Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.001 Lot 2, Block 29 4' Sidewalk (Fronting) 118.0 SF $1.00 /SF $118.001 Lindale Park 3 Subd. 4' Sidewalk(Siding) 0.0 SF $0.50 /SF $0.001 4118 Holly Dr. Driveway (In ROW) 0.0 SF $6.10 /SF $0.001 Corpus Christi, TX 78411 Driveway (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $703.00 602 Vaky Street Curb, Gutter & Pavement (Fronting) 25.O LF $9.75 /LF $243.751 Lynda Achsa Janell Jones Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.001 Lot 1, Block 29 4' Sidewalk (Fronting) 0.0 SF $1.00 /SF $0.001 Lindale Park 3 Subd. 4' Sidewalk(Siding) 0.0 SF $0.50 /SF $0.001 Driveway (In ROW) 0.0 SF $6.10 /SF $0.001 Driveway (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $243.75 601 Vaky Street Curb, Gutter & Pavement (Fronting) 61.O LF $9.75 /LF $594.751 Mary Ann Shaw Curb, Gutter& Pavement (Siding) 0.0 LF $4.88 /LF $0.001 E15' of Lot 27 & All of Lot 28 4' Sidewalk (Fronting) 143.0 SF $1.00 /SF $143.001 Block 32 4' Sidewalk(Siding) 0.0 SF $0.50 /SF $0.001 Lindale Park 3 Subd. Driveway (In ROW) 0.0 SF $6.10 /SF $0.001 Driveway (Behind ROW) (CONC -CONC) 0.0 SF $6.10 /SF $0.00 Total Assessment Cost: $737.75 12/20/2012 4 of 4 councoexhibits \exhb5U,5 NOT TO SCALE PROJECT #6503, 6504, 6505 CITY COUNCIL EXHIBIT PAVING ASSESSMENTS CITY OF CORPUS CHRISTI, TEXAS BOND 2008 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for City Council Meeting of February 26, 2013 Second Reading Ordinance for the City Council Meeting of March 19, 2013 DATE: February 21, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; 826 -3729 Unified Development Code Text Amendments to the Design Standards for Streets CAPTION: Ordinance amending Articles 1 and 8 of the Unified Development Code ( "UDC') relating to design standards, criteria, and requirements for street design; requiring compliance with design standards issued by the City Engineer; requiring street design for a 30 -year life level of service; and providing for severance, penalties, and publications. PURPOSE: The purpose of this Agenda Item is to update Article 8 of the Unified Development Code ( "UDC`), relating to street design standards. This ordinance contains text amendments to Articles 1 and 8 of the Unified Development Code (UDC). These amendments would basically put three new requirements in place related to street design. Streets would have to be: (1) designed for a 30 -year life, based on the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures; (2) designed and installed to meet the Design Standards issued by the City Engineer, once they are in effect; and (3) designed and installed in accordance with the Mobility Plan, once it is in final form and approved by Council. In addition, this would delete Appendix 8 in its entirety. Appendix 8 is the "Corpus Christi Urban Transportation Plan Design Criteria Manual." The Manual does not contain actual requirements, was never adopted, is not enforceable, and would cause confusion if left in place. Instead of the Manual, the Design Standards issued by the City Engineer will contain the necessary uniform requirements for street design. Compliance with the Design Standards would be required and enforceable under the provisions of the UDC. BACKGROUND AND FINDINGS: The UDC currently conflicts with the goals of the newly adopted Comprehensive Plan. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This request aligns the powers and duties of the City Engineer, as described in Article 8, to determine and issue the required design standards. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fund(s): Comments: RECOMMENDATION: City staff and the Planning Commission recommend approval of this Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Project to Date Fiscal Year: 2012 -2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 $0.00 Encumbered / $0.00 $0.00 Expended Amount This item $0.00 $0.00 $0.00 Future Anticipated expenditures for this $0.00 $0.00 $0.00 project BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Comments: RECOMMENDATION: City staff and the Planning Commission recommend approval of this Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Articles 1 and 8 of the Unified Development Code relating to design standards, criteria, and requirements for street design; requiring compliance with design standards issued by the City Engineer; requiring street design for a 30 -year life level of service; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding this amendment of the Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, February 26, 2013, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 1, General Provisions, Subsections 1.11.2 - "Abbreviations "; and Subsection 1.11.3 - "Defined Terms" of the UDC are amended by adding an abbreviation and term for " AASHTO" and "MUTCD "; and by adding definitions for " AASHTO," " AASHTO Design Guide," "City Engineer," "Design Standards," and "Manual of Uniform Traffic Control Devices (MUTCD)," as shown: Article 1. General Provisions 1.11.2 Abbreviations Abbreviation AASHTO American Association of State Highway Transportation Officials ANSI American National Standards Institute BP Business Park District CBD Downtown Commercial District Min. I Minimum ON Neighborhood Office District P Use Permitted By Right Page 1 of 8 1.11.3 Defined Terms AASHTO: The American Association of State Highway Transportation Officials. AASHTO Design Guide: The American Association of State Highway Transportation Officials ( AASHTO) Guide for Design of Pavement Structures. Abutting: Having a common border with, or being separated from such a common border by a right -of -way or easement." "City: The City of Corpus Christi, Texas. City Engineer: The person who holds the position of Director of Engineering Services for the City of Corpus Christi. Cladding: The building materials covering the exterior of a structure." "Demolition or Demolish: The razing or destruction, whether entirely or partially, of a structure, including the removal or destruction of the facade, surface, or interior of a Landmark classified as "HU. Design Standards: The required standards for the design and installation of infrastructure and public improvements as determined and issued by the City Engineer. Detention Facility: Publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense." "Lowest Floor: The lowest floor of the lowest enclosed area, including a basement; provided... Section 60.3 of the National Flood Insurance Program regulations. Manual on Uniform Traffic Control Devices (MUTCD): The Manual on Uniform Traffic Control Devices or MUTCD, latest edition, defines the required standards to install and maintain traffic control devices on all streets, highways, bikeways, and roads, published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F. Page 2 of 8 Manufactured Home: A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development ... recreational vehicles." SECTION 2. Article 8 - "Subdivision Design and Improvements," Section 8.1, "General Provisions," Subsections 8.1.3(A) — "Requirements for Improvements "; 8.1.4 — "Tvpe of Improvements Required "; 8.1.9 — "Alternative Compliance "; and 8. 1.10 — "Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security" of the UDC are amended as shown Article 8. Subdivision Design and Improvements 8.1 General Provisions "8.1.3 Requirements for Improvements A. All infrastructure and public improvements shall be designed and installed in accordance with the Comprehensive Plan and applicable area development and master plans. In the event of any conflicts between the master plan for particular infrastructure and an area development plan, the master plan for the infrastructure will prevail. Design and installation shall, at a th�-,minimum, meet the requirements established by this Unified Development Code, the Design Standards, the City's standards for roads, streets, structures and utilities, and any other design or technical criteria issued by the City Engineer. In the event of any conflicts between this Unified Development Code, the City's standards for roads, streets, structures and utilities, the Design Standards, and any other design standards, requirements or criteria, the Design Standards prevail." "8.1.4 Type of Improvements Required In the absence of any provision to the contrary, the developer shall provide the following improvements, as approved in the construction plans, in conformity with the standards, specifications and requirements of this Unified Development Code, the Design Standards, utility master plans and any state or federal requirements. Improvements eligible for participation shall be in compliance with Section 8.4:" "8.1.9 Alternative Compliance Page 3 of 8 A. The subdivision improvement requirements, including exceptions to existing utility master plans, may be modified by the Technical Review Committee upon a finding that a modification wo, -Id will meet the requirements of the Design Standards: that such modification will be consistent with the purpose of this Unified Development Code, this Article and the Comprehensive Plan; that such modification would not adversely affect the land use compatibility or public interest, and that the subject parcel complies with one or more of the following criteria: 1. The assumptions upon which the existing utility master plan are based do not match existing conditions or current engineering best practices; or 2. The adopted standards of another regulatory agency cannot be met while complying with the standards of this Article." B. Financial hardship due to meeting the requirements of this Article shall not be sufficient justification for alternative compliance. C. Any modification must meet the requirements of the Design Standards. This Article does not authorize the Technical Review Committee to modify a requirement, standard or criteria that will not comply with the Design Standards, CD. The requirement of improvements and payment of fees not specifically contained in this Unified Development Code shall be subject to appeal and review by the Planning Commission in accordance with Subsection 3.8.3." 8.1.10 Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security "8.1.10. B. 3. The developer has executed an agreement with the City that provides at a minimum the following: a. The developer shall construct the improvements in accordance with the or,.;roor;r,. standards Design Standards in effect at the time of construction; Page 4 of 8 b. All other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, or special covenants have been completed; ... " SECTION 3. Article 8 - "Subdivision Design and Improvements," Section 8.2, Design Standards, Subsections 8.2.1 - "Streets "; and 8.2.1.J - "Private Streets" of the UDC are amended as shown: Article 8. Subdivision Design and Improvements "8.2 Design Standards If another regulatory agency has authority within the City limits or ETJ, the more stringent design standards shall apply. A. City Engineer Authority. The City Engineer is authorized to determine and issue the required design standards and design and installation criteria for public infrastructure and improvements, referred to herein as the "Design Standards." B. Incorporation by Reference. The most current version of the Desian Standards is incorporated by reference into this Article. Copies of the Design Standards will be kept on file at the Department of Engineering Services, on file at the Department of Development Services, and online on the City's website." 8.2.1 Streets All streets shall, at a minimum, be designed and installed in accordance with the Comprehensive Plan, applicable area development and master plans, the approved Mobility Plan, and the Design Standards. 1. Streets shall be designed for a 30 -year life in accordance with the American Association of State Highway Transportation Officials ( AASHTO) Guide for Design of Pavement Structures ( "the AASHTO Design Guide ") 1993 Edition and supplements, unless a later edition of the AASHTO Design Guide is reauired under the latest edition of the Desian Standards 2. Streets shall be designed and installed in accordance with the approved Mobility Plan. 3. Streets shall be designed and installed to meet the requirements of the Design Standards. Page 5 of 8 4. In the event of any conflicts between the Desigr Standards and any edition or supplement to the AASHTO Design Guide, the Design Standards prevail." "8.2.1.J Private Streets Private streets not included in a planned unit development shall be allowed in a residential subdivision subject to meeting the requirements of this Unified Development Code, the Urban Transportation Plan and the following conditions: "5. Design Standards a. The design standards for private streets, including construction standards, widths, geometric standards, grades and alignments shall be the same as required for public streets as set out in this Article, and the Urban Transportation Plan, the approved Mobilitv Plan. and the Desian Standards. The width of the easement for a private street can be less than the right -of -way of a public street of a similar projected carrying capacity so long as sufficient easement area is provided for the required pavement and sidewalk. Concrete street sections are permissible for private streets." "10. Future Dedication If the lot owners abutting private streets or the home owners association request the City to accept dedication of the private street as a public right -of -way for purposes of maintenance, a condition of such dedication shall require that the design and installation of the private street meet all of the same City standards and requirements for streets set out in this Unified Development Code, Section 8.2.1 above, the Design Standards, and the approved Mobility Plan; and that the private street be in satisfactory condition for the safe use of such street by the general public upon acceptance by the City." "12. Street Lighting Street lighting shall be in compliance with r;+.n the Design Standards and the MUTCD, and shall be installed on all private streets. The City shall not Page 6 of 8 accept operation and maintenance of any street lighting not conforming to the Design Standards and the MUTCD (i.e., style, spacing, and illumination intensity). Restrictive Covenants must indicate that the developer or electrical provider is responsible for the maintenance and operation of street lights. 13. Traffic Control Devices Traffic on all private streets shall be controlled, guided and warned by traffic control devices (signs, markings, signals, etc.) in conformity with G y the Design Standards, the MUTCD, and with any other of the City's and State standards; provided that, the developer may include subdivision logos on such signs and alternative displays as approved by the Assistant City Manager of Development Services. SECTION 4. Article 8 of the UDC is amended by deleting, in its entirety, "Appendix 8," titled "Corpus Christi Urban Transportation Plan Design Criteria Manual." SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 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. Page 7 of 8 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of 12013. Nelda Martinez Mayor Page 8 of 8 . 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Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Ordinance creating a Street Maintenance Fee. CAPTION: Ordinance establishing a street maintenance fee to be implemented by policies, rates, and methodologies established by separate ordinance. PURPOSE: The purpose of this item is to establish a Street Maintenance Fee consistent with policy and law. A second ordinance setting the Street Maintenance Fee rate will be presented to Council separately. BACKGROUND AND FINDINGS: On July 7, 2012 City staff presented their recommendation regarding a Street Improvement Plan and funding. Part of this recommendation included the implementation of a Street Maintenance Fee which would fund maintenance (seals and overlays) of streets in Fair or Good condition. On August 28, 2012, staff presented a Resolution seeking a confirmation of City Council's intent to move forward with the implementation of a Street Maintenance Fee and direction regarding specific aspects of the Street Maintenance Fee policies. During the presentation, Council Members requested slight modifications to elements regarding the Street Maintenance Fee as well as the addition of other items not directly related to the Street Maintenance Fee, but associated with the Street Plan. The revised Resolution was approved on September 18, 2012. Additional policy and rate design elements will be brought before Council on January 19, 2013 in order to further refine both the application and design of the proposed Street Maintenance Fee. A second presentation was given at the February 19, 2013 City Council Work Session. The attached Ordinance establishes a Street Maintenance Fee. ALTERNATIVES: Council may choose not to move forward with the Street Maintenance Fee at this time. OTHER CONSIDERATIONS: An Ordinance establishing a Street Maintenance Fee must be passed prior to the Ordinance which sets the rate for the Fee. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Not applicable. 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 Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends passage of the Ordinance in all of its parts. LIST OF SUPPORTING DOCUMENTS: None. Ordinance establishing a street maintenance fee to be implemented by policies, rates, and methodologies established by separate ordinance. WHEREAS, City Council desires to establish a street maintenance fee; and WHEREAS, by subsequent ordinance the City Council will adopt the policies, rates, and methodologies to be used to implement the street maintenance fee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. AUTHORITY. The City of Corpus Christi, a Home -Rule City, is authorized to establish this street maintenance fee pursuant to the authority, regulatory authority, and police powers granted by the Texas Constitution, the City Charter, Texas Local Government Code § 51.001, Chapter 311 of the Texas Transportation Code, and other laws of the State of Texas. The City has exclusive control over and under the public highways, streets, and alleys within the municipality and may regulate the public highways, streets, and alleys within its city limits. Tex. Transp. Code Ann. § 311.001. SECTION 2. DEFINITIONS. 1) Benefitted Property means a residence; a business; or lot, parcel or property that generates motor vehicle trips. 2) Street Maintenance Fee means the fee established by this division. 3) Street Preventative Maintenance Program or SPMP means the street maintenance program, as amended from time to time, for maintaining city streets within the City's jurisdiction. 4) Street System means the structures, streets, rights -of -way, bridges, alleys, and other facilities that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities, and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program. 022613 ORD #1 - ESTABLISHING THE STREET MAINTENANCE FEE (2) Page 1 of 4 5) Trip Factor means a principle basis of service measurement derived from the trip generation rates published by the Institute of Transportation Engineers. 6) Utility Customer means the person who is responsible for the payment of charges for a Benefitted Property. SECTION 3. FEE ESTABLISHED. A Street Maintenance Fee is established to be implemented by policies, rates, and methodologies established by separate ordinance. The City Council finds, determines and declares that in order to protect the citizenry from the deterioration of the quality and safety of the Street System that they rely upon and use on a regular basis, it is necessary and in the best interest of the public health and safety to establish a street maintenance fee in order to provide a properly maintained road system. To this end, the City Council will establish a schedule of street maintenance fees subject to the limitations of the state law to cover the costs to the City to provide maintenance of the Street System. The City will offer this maintenance service in a nondiscriminatory, reasonable and equitable manner. (a) Council hereby establishes a Street Maintenance Fee, to be paid by each Utility Customer and owner of Benefitted Property within the city limits, set in amounts that will provide sufficient funds to properly maintain the Street System. (b) Collection of the fee against each Benefitted Property shall be made by a monthly charge to be added to the utility bill for such property. (c) Council will by separate ordinance establish the rate based upon the cost to the City for maintaining the Street System. SECTION 4. DISPOSITION OF FEES AND CHARGES. The fee paid and collected by virtue of this article shall not be used for the general or government proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, planning, engineering, development of guidelines and controls, inspection, maintenance, repair, improvement, and renewal of the Street System and the costs incidental thereto. 022613 ORD #1 - ESTABLISHING THE STREET MAINTENANCE FEE (2) Page 2 of 4 SECTION 5. EFFECTIVE PERIOD. This Ordinance takes effect immediately upon its passage and continues for ten years. This Ordinance ceases to have effect ten years from date of its final passage, unless further Council action is taken to extend this Ordinance. SECTION 6. LIABILITY. This article does not imply any guarantee that any street within the city limits will be maintained to any level of service within the term of the Street Preventative Maintenance Program. This article does not create additional duties on the part of the City. This article does not waive the City's immunity under any law. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Nelda Martinez Mayor 022613 ORD #1 - ESTABLISHING THE STREET MAINTENANCE FEE (2) Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary day of , 2013. Nelda Martinez Mayor 022613 ORD #1 - ESTABLISHING THE STREET MAINTENANCE FEE (2) Page 4 of 4 G� DRAFT �MC9RP�pft Sid INFORMAL STAFF REPORT MEMORANDUM To: Ron L. Olson, City Manager Thru: Oscar Martinez, Assistant City Manager From: Valerie H. Gray, P.E., Director, Storm Water & Street Operations Date: February 20, 2013 Subject: City Council Concern - Street Maintenance Fee Rate Design Issue /Problem During the February 19, 2013 City Council Work Session Street Maintenance Fee presentation and discussion, council requested a memo addressing three issues regarding the proposed rate design. The issues are as follows: 1. Cap of Building Square Footage — The current cap of 30,000 square feet extends benefit to a number of accounts (currently 504 out of a total of approximately 87,000 records); what would be the impact of adjusting the cap by increasing or decreasing the square footage of the cap? 2. Master Metering of Commercial Residential Class — Some apartment complexes may be considered to receive a benefit by charging the Fee based on square footage per meter as a result of being master metered. A number of Commercial Residential property owners (144) are affected by the 30,000 SF cap and, the consequence is that individual apartment units are charged less than a single family residential account. What are some policy considerations regarding this issue? 3. Equity in Commercial Class — The inability to access the data that identifies specific land uses within the Commercial class of accounts leads to an assignment of the median 4.60 Trip Factor to businesses which, in some cases, is more than the actual ITE trip factor for a specific land use. What would be the cost of performing the research to determine accurate and specific land uses as well as loading this information into the City's data base in order that more specific Trip Factors may be applied? Backaround & Findinas 1. Cap of Building Square Footage — It is possible to lower the cap on non - residential square footage per meter. Lowering the cap reduces the number of billable units available for achieving the $15 million revenue target. As a result, the cost to all other accounts which do not experience the cap benefit will increase. For example, lowering the cap to 20,000 square feet per meter (779 accounts affected) will increase the proposed base rate of $7.00 to $7.44. Similarly, lowering the cap even further to 10,000 square feet (1,481 accounts affected) will cause the rate to change to $8.56. Increasing the cap from 30,000 square feet to 40,000 square feet decreases the proposed base rate from $7.00 to $6.66 (398 accounts affected) while a cap of 50,000 square feet results in a base rate of $6.45 (317 accounts affected). As a reminder, the cap of 30,000 square feet cap is proposed in response to the fact that as the square footage of a business increases relative to other businesses in the Commercial category, the disparity between the group average and larger business increases substantially. 2. Master Metering of Commercial Residential Class — Two options to resolve the concerns expressed by Council are: a. Move all Commercial Residential accounts to the Residential sector and charge each dwelling unit the same flat fee as a Single Family Residence ($7.00). b. Move all Commercial Residential accounts to the Residential class and charge each dwelling unit the Residential Rate times a Trip Factor of 0.48 ($3.36). An advantage of this option is that it continues to utilize the trip factor for Commercial Residential property as a factor in calculating the amount billed to apartment dwellers. In either option several issues apply: the number of units for each apartment complex in the City is currently not known and would need to be determined before billing can take place; apartment complex office space will be ignored in the calculation; and hotels /motels will remain in the Commercial class and will continue to be billed on a square foot per meter basis. There may be sources of data which would allow determination of the number of apartment units in a complex. However, if the complex is master metered, it would be the responsibility of the landlord to distribute the individual bills or charges to each unit. Also, incorporation of the number of units per apartment complex into our billing system would create additional administrative costs. The exact costs are unknown at this time. 3. Equity in Commercial Class — There are two options available to develop more specificity in land use categories: a. Issue a contract for an outside entity to research and identify the specific land use for each of the Commercial properties and populate the City's data base with this information. The preliminary estimated initial cost of such a contract is between $290,000 and $380,000. It is assumed that this effort would take approximately 90 days plus contract negotiation and award processing time. b. Provide an appeal process whereby properties in the Commercial class receiving the 4.60 Trip Factor would provide a Certificate of Occupancy which reflects the actual land use. Certificates of Occupancy issued before 1992 will not be accepted and new Certificates must be issued in order to ensure greater accuracy. In the event a new Certificate of Occupancy is required, the property owner will not be charged a fee by Development Services. The ITE Trip Generation manual recognizes 150 categories of land use. Of those, approximately 51 categories reflect land uses that meet Texas Land Use Code "Real Commercial" definitions. The City used 24 (these had sufficient information to be able to apply a trip factor based on square footages) of the 51 categories to determine the 4.60 median Trip Factor that is proposed. The Nueces County Appraisal District does not have information which to this degree of specificity; however, the district is working toward developing an estimated cost that would be passed on to the City. Any option for acquiring more accurate land use information for greater equity through more specific trip factors will also need a system of maintaining that information as it changes. The cost for such a system must be budgeted. 2 Conclusion Staff will be prepared to discuss during the Council meeting scheduled on Tuesday, February 26 any options reflected in the above memorandum and the City Attorney will review the memorandum and will be prepared to respond any legal issues associated with the options mentioned in the memorandum. DATE: February 15, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Ordinance establishing the rates, policies, etc. to implement the street maintenance fee. CAPTION: Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. PURPOSE: The purpose of this item is to establish by Ordinance the policies and methodologies needed to implement the street maintenance fee as well as establishing the rate to be charged. BACKGROUND AND FINDINGS: On July 7, 2012 City staff presented their recommendation regarding a Street Improvement Plan and funding. Part of this recommendation included the implementation of a Street Maintenance Fee which would fund maintenance (seals and overlays) of streets in Fair or Good condition. On August 28, 2012, staff presented a Resolution seeking a confirmation of City Council's intent to move forward with the implementation of a Street Maintenance Fee and direction regarding specific aspects of the Street Maintenance Fee policies. During the presentation, Council Members requested slight modifications to elements regarding the Street Maintenance Fee as well as the addition of other items not directly related to the Street Maintenance Fee, but associated with the Street Plan. The revised Resolution was approved on September 18, 2012. Additional policy and rate design elements will be brought before Council on January 19, 2013 in order to further refine both the application and design of the proposed Street Maintenance Fee. A second presentation was given at the February 19, 2013 City Council Work Session. A separate Ordinance established the Street Maintenance Fee. ALTERNATIVES: Council may choose not to move forward with the Street Maintenance Fee at this time. OTHER CONSIDERATIONS: An Ordinance establishing the rate must be passed in order that the Street Maintenance Fee may be charged. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY /NON- EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Not applicable. 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 Amount This item BALANCE Fund(s): Comments: None "This item" — Enter amount obligated by the item in future years (if applicable). RECOMMENDATION: Staff recommends passage of the Ordinance in all of its parts. LIST OF SUPPORTING DOCUMENTS: None. Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. WHEREAS, City Council established a street maintenance fee by separate ordinance; and WHEREAS, by this ordinance the City Council adopts the policies, rates, and methodologies to be used to implement the street maintenance fee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. DEFINITIONS. 1) Benefitted Property means a residence; a business; or lot, parcel or property within the city limits of the City that generates motor vehicle trips. 2) Director means the City Manager or designee. 3) Motor Vehicle Trip means each departure from and each arrival to a property by a motor vehicle. 4) Street Maintenance Fee or Fee means the fee established by this article and assessed against, and collected from, owners or occupants of Benefitted Property for the purpose of maintaining the street system of the City. 5) Street Preventative Maintenance Program or SPMP means the street maintenance program, as amended from time to time, funded by the Street Maintenance Fee. 6) Street System means the structures, streets, rights -of -way, bridges, alleys, and other facilities within the city limits of the City that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities; and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program. 7) Trip Factor means a principle basis of service measurement derived from the trip generation rates published by the Institute of Transportation Engineers. 8) Utility Customer means the holder of a city utility account or the person who is responsible for the payment of charges for a Benefitted Property. SECTION 2. FINDINGS. The City Council finds and determines the following: 1) It is appropriate that a Benefitted Property pay the prorated annual cost of the Street System that can reasonably be attributed to the Benefitted Property. 2) The number of Motor Vehicle Trips generated by a Benefitted Property may reasonably be used to estimate the prorated cost of the Street System attributable to a Benefitted Property. 3) The size and use of a property may reasonably be used to estimate the number of Motor Vehicle Trips generated by the property. 4) Based on the best available data, the method of assessing the Street Maintenance Fee reasonably prorates the cost of the Street System among Benefitted Properties. 5) It is reasonable and equitable to assess a set monthly fee per utility meter for each residential Benefitted Property in order to avoid a disproportionate burden on any residential Benefitted Property. 6) It is reasonable and equitable to cap the square footage for a nonresidential Benefitted Property in order to avoid a disproportionate burden on a nonresidential Benefitted Property. 7) If available, appraisal district property tax records may be relied on to determine the size of a nonresidential property. 8) It is reasonable and equitable to assume the trip generation rates for residential and nonresidential Benefitted Property as determined and published by the Institute of Transportation Engineers. 9) It is reasonable and equitable to assume that each utility meter in the service area serves a Benefitted Property. SECTION 3. TRIP FACTORS. The Director shall assign to each Benefitted Property a Trip Factor according to the property's use. The Director shall assume for each nonresidential Benefitted Property the number of trips per day as set by the Institute of Transportation Engineers. For purposes of this article, a property's use does not depend on the property's zoning. If a property fits more than one category of use, the Director shall assign a Trip Factor that most accurately reflects the number of Motor Vehicle Trips generated by the property. SECTION 4. STREET FEE -ONLY ACCOUNT. The Director shall create a utility account for any Benefitted Properties for which no utility account exists. SECTION 5. RESIDENTIAL PROPERTY. The Fee for residential Benefitted Property shall be on the basis of a set fee per lot, unit, tract or parcel. Each month a Utility Customer of a residential Benefitted Property shall pay an amount equal to $7.00. SECTION 6. NONRESIDENTIAL PROPERTY. The Director shall determine the fee for nonresidential Benefitted Property on the basis of factors that include the trip generation rate published by the Institute of Transportation Engineers and land uses allowed. For each nonresidential Benefitted Property, the sum of the square footage of the property divided by 1,500 will be multiplied by the appropriate Trip Factor to arrive at a value. The Director shall determine the square footage for a nonresidential Benefitted Property based upon building square footage of the property as recorded by the Nueces County Appraisal District. If appraisal district records are unavailable, the Director may determine the size of a nonresidential Benefitted Property from the best available information. Where the square footage for a nonresidential Benefitted Property exceeds 30,000 square feet, the Director will consider and determine the square footage for that property to be 30,000 square feet. Where multiple water meters exist on the property, square footage will be distributed among the meters using the best available information. SECTION 7. BILLING AND COLLECTION OF FEE. The Fee shall be billed each month on the utility bill for each Benefitted Property. Payment is due upon receipt of the bill. SECTION 8. RECOVERY OF UNPAID FEE. The City may recover a Street Maintenance Fee that is not paid when due in an action at law. The City may discontinue utility services to a user who fails to pay the Street Maintenance Fee when due. SECTION 9. STREET MAINTENANCE FUND. A special fund is created known as the Street Fund. All fees collected by the City for the purpose of maintenance of the Street System shall be deposited in the Street Fund. It will not be necessary for the expenditures from the Fund to specifically relate to any particular property from which the fees were collected. The Director shall provide to the City Council an annual report of the Street Fund and the SPMP. SECTION 10. RULES. The Director shall adopt rules necessary for the administration of this article and the Street Maintenance Fee. The Director shall be responsible for the administration of this article; developing rules, regulations and procedures for the administration of fees, developing rules, regulations and procedures for petitions for modification or appeals; developing maintenance programs; and establishing Street System criteria and standards for the operation and maintenance of the Street System. SECTION 11. DISPOSITION OF FEES AND CHARGES. The fee paid and collected by virtue of this article shall not be used for the general or government proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, planning, engineering, development of guidelines and controls, inspection, maintenance, repair, improvement, and renewal of the Street System and the costs incidental thereto. SECTION 12. EXEMPTIONS. This article does not apply to a state, a county, an independent school district, a regional transit authority, a public institution of higher education, a hospital district, or the City. SECTION 13. EFFECTIVE PERIOD. This Ordinance takes effect immediately upon its passage and continues for ten years. This Ordinance ceases to have effect ten years from date of its final passage, unless further Council action is taken to extend this Ordinance. SECTION 14. LIABILITY. This article does not imply any guarantee that any street within the city limits will be maintained to any level of service within the term of the Street Preventative Maintenance Program. This article does not create additional duties on the part of the City. This article does not waive the City's immunity under any law. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary day of Nelda Martinez Mayor 2013. s FAPF� 'I a AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 26, 2013 Second Reading Ordinance for the City Council Meeting of March 19, 2013 DATE: February 8, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods cctexas.com 886 -2604 Ordinance authorizing a loan from the General Fund to the Police Facilities CIP Fund for the Police Public Safety Warehouse and amending the CIP budget CAPTION: Advancing $1,000,000 in cash from the No. 1020 General Fund and appropriating it in the No. 3350 Public Health & Safety Fund as a loan to fund the Police Public Safety Warehouse Project No. 140252; loan to be repaid from the No. 1061 Law Enforcement Trust Fund in the amount of $250,000 per year for four years at a simple interest rate of 4% annually; and amending the FY2012 -2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $170007000. PURPOSE: Additional funding is required to build out the second floor of the Public Safety Warehouse. BACKGROUND AND FINDINGS: As presented to Council in January, 2012, $500,000 was appropriated for a separate Public Safety Warehouse Building project for the Police Department. This building was for the Organized Crime Unit in an effort to move out of leased office space. At this point the second floor was a "shell' with future plans to build out for the Saratoga substation whose lease expires February 2014. Funding for the proposed build out would come from the Law Enforcement Trust Fund (seized drug monies). The Law Enforcement Trust Fund receives over $250,000 in seized drug monies annually, and we are anticipating this to increase over the next few years. Therefore within four years, we will have received over $1,000,000 in this fund to pay for this project. The cash needs for this project, however, are current needs, and in order to allow this project to proceed as scheduled, the ordinance authorizes the General Fund to loan cash to the Public Health and Safety Fund (i.e., the construction fund) to fund this project. This loan will neither impact the fund balance of the General Fund nor will it decrease any current year appropriations in the General Fund. Over the next four years as the Law Enforcement Trust Fund receives revenue, the loan will be repaid by transferring $250,000 annually from the Law Enforcement Trust Fund to the construction fund, and then the construction fund will then send the cash to the General Fund to repay the loan. In the unlikely event that sufficient funds are not received by the Law Enforcement Trust Fund to pay this loan, then other means to pay the loan will need to be utilized such as use of General Fund appropriations from the Police Department's operating budget or the uncommitted fund balance in the General Fund. With the numerous delays in the building of the Public Safety Warehouse, we are now encroaching on the expiration of the Saratoga lease. It will be much less expensive to build out the second shell at this time rather than waiting until the entire building is completed. The architect for the project was approved by City Council on 1/31/12. The plans for the full project are completed and Engineering is ready to advertise for bids. Some of the requirements for building out the second shell that have added to the cost are: 1. Elevator 2. Additional Parking and concrete paving — the building requires at least 70 parking spaces. This includes unmarked vehicles from the Organized Crime Unit, marked police vehicles for each shift, space for officers' personal vehicles, and space for the Prisoner Transport Vehicles. 3. Fencing and rolling gates 4. Radio Tower The timeline associated with the Bond 2008 Public Safety Warehouse project: • November 2008 — voters approved Bond 2008 proposition for the Public Safety Warehouse for Police /Fire at $1,750,000. • August 2009 — meetings began to develop Police warehouse plans. • March 2010 — RFP released to real estate brokers indicating need for warehouse facility or suitable land to construct one. • June 22, 2010 — City Council approves purchase of property located at 1501 Holly Road for use by the Fire Department. • August 31, 2010 — City Council approves purchase of 4,816 sf warehouse located at 1302 Saratoga in the amount of $593,000 to serve as Police warehouse • September 19, 2010 — warehouse is flooded in Las Colonias flood. Contract clause stated City "shall have thirty (30) days from the effective date of the contract, in the Buyers sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason." Due to the heavy rains during this period and the subsequent flood damage to the building, the City exercised this privilege within the thirty days and canceled the contract with the seller. • August 2011 - Fire warehouse /project completed (Phase 1). A little over $500,000 was left for the Police warehouse. • January 31, 2012 - City Council appropriated an additional $500,000 for a "separate Public Safety Warehouse Building project for the Police Department." And changing the Capital Budget. At this point the second floor was a "shell." • January 31, 2012 — City Council approves contract in the amount of $147,141 to LaMarr Womack and Associates for design of the warehouse and offices with a 2nd floor "shell ". • July 20, 2012 — Dan Biles authorizes a contract amendment to LaMarr Womack for the second floor build out at a restated fee of $188,241. • July 24, 2012 — City Council adopts FY13 CIP which provides for a second floor "shell." ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Engineering Finance OMB 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 Encumbered / Expended Amount This item $1,000,000 $1,000,000 BALANCE $1,000,000 $1,000,000 Fund(s): General Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Advancing $1,000,000 in cash from the No. 1020 General Fund and appropriating it in the No. 3350 Public Health & Safety Fund as a loan to fund the Police Public Safety Warehouse Project No. 140252; loan to be repaid from the No. 1061 Law Enforcement Trust Fund in the amount of $250,000 per year for four years at a simple interest rate of 4% annually; and amending the FY2012 -2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $1,000,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,000,000 is advanced from the No. 1020 General Fund to the No. 3350 Public Health & Safety Fund as a loan to fund the Police Public Safety Warehouse Project No. 140252. The loan will bear a 4% simple interest rate annually. SECTION 2. The No. 1061 Law Enforcement Trust Fund will annually transfer in the amount of $250,000 plus 4% interest per year for four years to the No. 3350 Public Health & Safety Fund that will then repay the $250,000 plus 4% interest per year to the No. 1020 General Fund. SECTION 3. That the FY 2012 -2013 capital improvement budget adopted by Ordinance 029565 is amended by increasing expenditures by $1,000,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 26, 2013 1852 Action Item for the City Council Meeting of March 19, 2013 DATE: January 13, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E. Director of Engineering Services DanB @cctexas.com 361- 826 -3729 Amending the original Reynolds Waterline Right -of -Way Easement owned by the San Patricio Municipal Water District CAPTION: Ordinance authorizing the City Manager or designee to execute an instrument which amends the original Waterline Right -of -Way Easement granted to Reynolds Metals Company, whose easement is now owned and operated by the San Patricio Municipal Water District ( SPMWD), for the purpose of permitting SPMWD to install an additional potable waterline, not to exceed 12- inches in diameter, in the original easement and to permit realignment and centering of their original easement with the centerline of their existing 24 -inch diameter waterline, all within the City's 8.646 acre tract located approximately 3 miles southwest of Odem, Texas. PURPOSE- This ordinance amends the existing easement rights owned by the San Patricio Municipal Water District across City owned land in San Patricio County allowing them to install an additional potable waterline, not to exceed 12 inches diameter, and to realign and center this new easement along their existing 24 -inch waterline. BACKGROUND AND FINDINGS: In August 1951, Reynolds Metals Company acquired a waterline easement in San Patricio County to construct a 24 -inch raw water line from the Nueces River to their water treatment plant northeast of Gregory, Texas. This easement was subsequently assigned to the San Patricio Municipal Water District ( SPMWD) who owns and operates it at the present time. A portion of this easement crosses an 8.646 acre tract of land (Tract 3C) owned by the City as shown on the attached Council Exhibit. This tract, along with various others, was acquired in 2004 from a land exchange with the Coastal Bend Bays and Estuaries Program. The Mary Rhodes Waterline is presently situated on these tracts as well. SPMWD is requesting that the all landowners along this easement, including the City of Corpus Christi, amend the easement to enable them to construct and install an additional waterline. This new waterline, not to exceed 12- inches in diameter, will provide potable water to their customers along the easement. The current easement on Tract 3C is presently 30 feet wide and approximately 400 feet long. The easement area will not change. SPMWD has offered $977in compensation to the City for amending the .275 -acre easement based on $3.500 per acre and discounted for easement rights only. The compensation is in line with the land values in the area south of Odem, Texas. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This ordinance conforms to the powers given in the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Engineering Department 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 $0 BALANCE Fund(s): Comments: None RECOMMENDATION: Approval of the Ordinance amending the Reynolds Waterline Right -of -Way Easement with San Patricio Municipal Water District, as presented. LIST OF SUPPORTING DOCUMENTS: Council Exhibit Amendment of Reynolds Metal Company Easement, instrument Ordinance AMENDMENT OF REYNOLDS METALS COMPANY EASEMENT (TRACT 1'7) STATE OF TEXAS § COUNTY OF SAN PATRiCYO § This Amendment of Reynolds Metals Company Easement is by and between San Patxicio Municipal Water District ("GRANTEE, ), a conservation and reclamation district and political subdivision ofthe State of Texas duly created by the State ofTexas pursuant to Article XVI, Section 59, Texas Constitution and the City of Corpus Christi, Texas, a Municipal Corporation, (hereafter called "GRANTOR"), and is as follows: RECITALS WHEREAS, GRANTOR has acquired fee simple title to a certain tract of land consisting of 8.646 acres, more or less, out of portions of the C.C. Hornsby Survey, Abstract No. 159, and the J.W.H. OItman Survey, Abstract No. 213, situated in San Patricio County, Texas, whichtract of land is more particularly described in Exhibit "A" attached hereto and hereby made a part hereof (the "LAND'); and WHEREAS, the LAND is subject to that certain easement granted by A. A. McGregor, et al, to Reynolds Metals Company, dated August 7,1951 recorded in Volume 169, Page 581, Deed Records of San Patriceo County, Texas (the "EASEMENT"), which easement is more particularly described in Exhibit " w, attached hereto and hereby made a part hereof (the "FORMER EASEMENT RIGHT OF WAY "); and WHEREAS, the EASEMENT grants a right -of -way for installation of a water line in the FORMER EASEMENT RIGHT OF WAY, and GRANTOR and GRANTEE want to amend the description of the right - of-way so that it comports and aligns with the location ofthe water line that was built by or on behalf of Reynolds Metals Company pursuant to the EASEMENT; and WHEREAS, GRANTEE wants to install, in the revised right -of -way, an additional water line with diameter not to exceed twelve inches (12"), unless agreed to otherwise by GRANTOR and GRANTEE, and air relief/vacuum valves provided that they are buried so that the top of each of the facilities shall be not less than thirty -six inches (36 ") below the surface of the LAND at all places, and above - ground water pipeline markers at existing or ibture fences and at the edges of roads and the edges of property lines, and certain above ground facilities, including valve boxes, line valves and air relief /vacuum valves {the "PROJECT"). The PROJECT also Includes piping from the top of the new water line to the valve boxes in the existing water line in which the existing air relief/vacuum valves are located, and installation of additional air relief /vacuum valves in those valve boxes to serve the new water line. All above - ground and below- ground facilities, including but not limited to valve boxes, air relief/vacuum valves, line valves and piping, areprohibited within the area where the revised right -of -way easement intersects with Grantor's Mary Rhodes Pipeline Easement, ETA) NOW THEREFORE, for and in consideration ofthepremises, and the receipt of $10.00 and other good and valuable consideration provided by GRANTOR, the receipt and sufficiency of which is hereby acknowledged: GRANTOR and GRANTEE agree that the right of way granted by the EASEMENT is amended to be, and it is now described as a 30 -foot strip of land, shown an the attached Exhibit ,,C,,, the center line of which is the center line of the water line that was installed on the LAND by or on behalf of Reynolds Metals Company pursuant to the EASEMENT (the "REVISED RIGHT-op. WAY'). GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby grants, sells, and conveys to GRANTEE an easement and right -of wayin, upon, under, over and across the REVISED RIGHT-OF-WAY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold to GRANTEE and GRANTEE's successors and assigns forever. no easement, right -of -way, rights, and privileges herein granted shall be used for the purposes of excavating for, laying, constructing, placing, operating, maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspeoting, patrolling, changing, modifying, or repairing the PROJECT, or any part of the PROJECT, and making connections therewith. GRANTOR also grants to GRANTEE a temporary construction easement in, upon, over, and across a thirty (30) foot strip ofland that is adjacent to either, but not both, of the boundaries of the REVISED RIGI T.0E- WAY for the purposes ofconstructing and laying the PROJECT in the REVISED RIGHT -OF -WAY. This temporary construction easement automatically terminates when the PROJECT is placed in service. ORANTE}R is fully aware of GRANTOR's water pipeline (Mary Rhodes Pipeline) within GRANTOR's property. GRANTEEwill take extreme precaution while excavating and constructing GRANTEE's new pipeline adjacent to GRANTOR's pipeline. GRANTEE is responsible for any damage to GRANTOR's pipeline resulting from GRANTEE's construction activities. In the event GRANTEE shall be required to cut or go through any of the fences of GRANTOR in laying the proposed pipeline, it is agreed that prior to cutting any such fences, GRANTEE shall first brace the existing fence adequately on each side of the proposed cut, so that Wheat the fence is cut there will be no slackening of the wires. If GRANTEE shall elect to maintain an opening in any of the fences of GRANTOR during the construction of said pipeline, GRANTEE shall be obligated to install a good and substantial wire gap capable oftu rning cattle from such opening, and GRANTEE shall keep such gap securely closed at ail times when not in actual use; and upon the completion of the construction of said pipeline, GRAN'T'EE shall close all openings and shall restore such fences to their condition as existed prior to construction, or GRANTEE may install gates in fences where the REVISED RIGHT -OF -WAY crosses any fence line. GRANTEE may install a gate on any existing or future fences located on the REVISED RIGHT-OF-WAY. Such gates shall be provided with "H" braces. Gates shall be -2- t , I', maintained by GRANTEE and be capable of turning livestock, GRANTEE shall keep such gates securely closed when not in actual use, GRANTOR and GRANTEE each shall furnish separately keyed locks for all locked gates, and locks shall be separated by no fewer than three links of chain so as not to mistakenly or in error, lock out either GRANTOR from its property or GRANTEE from its REVISED RIGHT -OF -WAY. All fence related work will be done in a good and workmanlike manner, GRANTEE will. make reasonable efforts to use like posts, wire and gates in order to match GRANTORS existing posts, wire and gates, GRANTER shall not be required by GRANTOR to provide connections to the. above described additional water line. To the extent permitted by law, the San Patricio Municipal Water District ( "GRANTEE"), its officers, agents, employees, representatives and consultants shall indemnify, save harmless and defend the City ofCorpus Christi, its officers, agents, employees and representatives C'GRANTOR") and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses whatsoever, including court costs and reasonable attorneys' fees, and including ail losses or liability for or on account of any injury to anyperson, or any death at anytime resulting from such injury, or any damage to any property under the performances covered by this contract, When the context requires, singular nouns and pronouns include the plural. When appropriate, the term "GRANTEE" includes the employees, agents, subsidiaries, officers, sorvants, contractors, successors and assigns of GRANTEE, All provisions of the EASEMENT that are not herein amended are hereby reaffirmed and shall remain in full force and effect. This instrumentmaybe executed in duplicate originals, and each counterpart shall be deemed an original and all such counterparts together shall constitute one and the same instrument, Signed to be effective the day of -, 24 -3- ATTEST: .0 GRANTOR; THE CITY OIL CORPUS CHRISTI, TEXAS Ronald L. Olson, City Manager Anzando Chapa, City Secretary ATTEST: By: Rebecca Kruinnow, Secretary APPY"d As 10 tW 210000 Assistant City A For City Attorney GRANTEE: SAN PATRICIO MUNICIPAL WATER DISTRICT By: Brian G. Williams, District Manager -4- ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF § This instnunent was acknowledged before me on _ . 20 —, by Ronald L. Olson, as City Manager of the City of Corpus Christi, Texas, a Texas Home -Rule Municipal Corporation, on behalf of that municipal corporation. (SEAL) Notary Public, State of Texas Typed or Printed Name My Commission Expires: STATE Or TEXAS § § COUNTY OF SAN PATRICCIO § This instrument was acknowledged beforeme on _ _ . 20--, bygrian Q. Williams as District Manager of San Patricio Municipal Water District, a conservation and reclamation district and political subdivision of the State of Texas duly created by the State of Texas pursuant to Article 16, Section 59, Texas Constitution on behalf of that District, (SEAL) AFTER RECORDING RETURN TO: Mike VVillAtt Witlatt & Flickinger 2001 North Lamar Austin, Texas 78705 Notary Public, State of Texas Typed or Printed Name My Commission Expires: -S- EXHIBIT "All TRACT NO. 17 s 8.646 acres, more or. less, out of portions of the C.C. Hornsby Survey, Abstract No. 159, and the J.W.H. Olftm Survey, Abstract No. 213, situated in San Patricio County, Texas, Also, being the same land as more particularly described by metes and bounds as EXHIBIT F of that certain Special Warmty Exchange Deed from Coastal Bend Bays & Estuaries Program, Inc. To City of Corpus Christi, dated December 21, 2004, and recorded under Clerk's File No. 539670 of the Real Property Records of San Patricio County, Texas. -6- EXMff "B" TRACT 17 basement and/or Right of Way dated August 7, 1951 from A. A. McGregor, et al, to Reynolds Metals Company, recorded under Clerk's File No, 76750, Volume 169, Page 581, Deed Records of San Patricio County, Texas. Said Basement assigned to the city of Corpus Christi, Texas, by Assignment dated April 30,1982, recorded under Clerk's File No, 309043, Volume 649, Page 264, Deed Records of San Patricio County, Texas; and Final Assignment dated June 21, 1984, to San Patricia Municipal Water District, recorded under Clerk's File No. 593556, Official Public Records of Sang Patriclo County, Texas, being described by metes and bounds as follows: BEGINNING at a point on the Northwest bank of the Nueces River, approximately 750 feet upstream from the State HighwayNo. 9 Bridge across the Nueces River, SanPatricio County, Texas. , Said point being also S. 32° 30 E., 59.0 feet and N. 570 30' E., 1.0 feet from the East fence corner of James F. Welder Estate. Said point being also in the Right of Way of the old county mad. THENCE: N. 32° 30 W., a distance of 1010 feet, THENCE: N. 310 50 W., a distance of 257.3 feet. THENCE: 290 02' W., a distance of 389.5 feet. THENCE: N. 70 32' W., a distance of 277.0 feet, THENCE: N. 10' 34' E., a distance of 325.0 feet. THENCE: N. 391 22' E., a distance of 709.1 feet to the Southwest Right of Way fence of State Highway No. 9. THENCE: Continuing N. 390 22' B., across said State Highway No. 9 Right of Way, at 76.5 feet, the centerline of the pavement from which point the end of the bridge bears 5.17° 45" E., a distance of 29.1 feet, in all a distance of 103,0 feet to a point. THENCE: N. 43° 46' E., at 42.0 feet, the Northeast Right of Way fence line of State Highway No. 9, in all a distance 166,5 feet. THENCE: N. 40° 31 E., a distance of 923.5 feet. THENCE: N. 280 591E., a distance of 4365.4 feet to a point. Said point being in the approximate center of the old county road and 15 feet from and at right angle -7- to the Southeast Right ofWay line of Texas State Highway 128, all of the above described line being between the Right of Way fences of the old county road. THENCE: N, 43° 581E., parallel with and 15 feet at right angles Southeast of the Southeast Right of Way line of State Highway 128 at 101.6 feet, the East fence of the old county road, at 3107 feet and the south fence to stock pens at 3253.6 feet the North fence to the stock pens, in all a distance of 3268.6 feet. THENCE: S. 67° 33' E., a distance of 236 feet. THENCE: N. 60° 25' E, 165 feet from and parallel to the centerline of the St. Louis, Brownsville and Mexico Railroad, a distance of 1814.9 feet. THENCE: N. 74° 18' E., a distance of 355,6 feet. THENCE: N 580 7 E., a distance 813.0 feet. THENCE: N. 490 55' E., a distance of 289.4 feet. TEEN CE: S. 460 16' E. at 25.0 feet the west fence line of the St. Louis, Brownsville and Mexico Railroad., at 74.1 feet, the centerline of the railroad tracks, at 121.3 the East Right of Way fence of the railroad, in all a distance of 134.0 feet. THENCE: N. 660 51 E., a distance of 315.7 feet. THENCE: N. 800 33' E., a distance of 207.4 feet to a fence on the Bast property line of 95 acre tract and the west line of the Ida 4. Curry tract. SAVE AND EXCEPT THE FOLLOWING: Tract A. A strip of land 150 feet in width, being the Right of Way of State Highway No, 9. Tract B. The Southeast corner of the 89 acre tract. of land belonging to C. C. Parker and lying southeast of State Highway 128. Tract C. A strip of Iand 100 feet in width, being the Right of Way of the St Louis, Brownsville and Mexico Railroad. 2%A.VPAZvwioids•uwament 'n7- I 816113 -8- EXHIBIT "C" SAN PATRICIO MUNICIPAL WATER DISTRICT TRACT 17 - WATERLINE EASEM>:NT (0,276 ACRE TRACT) CITY OF CORPUS CHRISTI STATE OF TEXAS COUNTY OF SAN PATRCCI0 Field notes of a waterline easement being a 0.276 acre tract of land, being on, under, and across an 8,646 acre tract of land conveyed from the Coastal Hand Bays & Estuaries Program, Inc., to City of Corpus Christi by Special Warranty Bxohange Deed dated December 21,2W4 and recorded In Clark's File No. 539670 of the Real Property Records of San Patricio County, Texas; Said 0.276 acre tract Is comprised of a portion of the C. C. Homsby Survey, Abstract 159, is situated in San Patriclo County, Texas. approximately 10 mite$ southwest of the City of Odem, and is described by metes and bounds as follows: Beginning at a point in the narlhweal But of a 46.117 acre tract of land conveyed fromThe Natum Conservancy of Texas to the Coastal Band Hays & Estuaries program, Inc., by Special Warranty Deed dated April 22, 2003 and recorded in Clark's Hie No. 518347 of the Real Property Record& of San Patricia County, Texas, for the and corner of ibis tract; whence the north comer of said 8,646 acre tract of land bears North 180 31' 00" Bast, a distance of 342.35 feet, and whence a 518" lton rod found in the southeast line of said 46.117 acre tract beats South 06° 07' 49" Bast, a distance of 1082.10 feet; Thence South 46° 26' 53" West along the northwest Una of said 46.117 acre tract, the southeast line of said 8.646 acre tract, and the southeast line of this tract, a distance of 54.33 feet to a point for angle comer of this tract; Thence South 770 48' 22" West continuing along the southeast line of this tract, a distance of 47.81 feet to a point for an angle corner of this tract; Thence South 70° 40' 47" West continuing along the southeast line of this tract, a distance of 48.97 feet to a point for an angle comer of this tract; Thence South 66° 31' 35" West continuing along file southeast line of this tract, a distance of 279.21 feet to a point for the south comer of this track Thence North 500 54' 24" West along the southwest Una of this tract, a distance of 20.60 feet to a point in the southeast tight -of -way line of Union Pacific Rallmad and the northwest line of said 8.646 acre tract, for the west corner of this tract; Thence North 49° 56'09" Last along the southeast right-of-way, line of said Union Pacific Ia:ailroad, the northwest liaa of said 8,646 acre tract, and the northwest line of this tract, a distance of 41.02 feet to a point for an angle comer of this tract; whence the north comer of said 8.646 acre tract of land beaus North 46" 18' 42" Last, a distance of 666.62 feet; and whonco a 5!8" iron rod found at the south corner of said 46.317 acre tract bears South 19° 05' 09" West, a distance of 2179.43 fcer Thane North 66' 33' 35" Fast along the northwest line of this tract, a distance of 250.48 feat to a point for an angle corner of this tract; Thence North 70° 40'47" last continuing along the northwest line of this tract, a distance of 51.93 feat to a point for an angle comer of this tract; Thence Notth 77° 48' 22" East continuing along the northwest line of this tract, a distance of 54.10 feet to a pobtt for an angle corner of this tract; Thence North 80° 09,581, East continuing along the northwest line of this tract, a distance of 42.01 feet to the point of beginning, contains 0.276 acres (12,036.03 sq. ft.) of land, more or less, subject to all easements of rccord, 4 Bearings In this description are based on a UPS Survoy, Texas Coordinate System of 1927, South Zone. J, Jesse Fuentes, Registered Professional Land Surveyor of Taw, do hereby stato that this descrlptionseptesents an actual survey made on the ground this the 18th day of November, 2009. .�„J88BE�I��NTE9 .. `w„ 68A8av�� 9�O°•i�� ��V.�,tC Registered Professonal land Surveyor Texas Registration No. 5988 A plat eccoVanlos this metes and bounds desa( UM. fIfBUF L •al �A so�o7'� Sa zed k .64 +0. ci jai I �f o Ila a;l w 4 w A Page 1 of 2 Ordinance authorizing the City Manager or designee to execute an instrument which amends the original Waterline Right -of -Way Easement granted to Reynolds Metals Company, whose easement is now owned and operated by the San Patricio Municipal Water District ( SPMWD), for the purpose of permitting SPMWD to install an additional potable waterline, not to exceed 12- inches in diameter, in the original easement and to permit realignment and centering of their original easement with the centerline of their existing 24 -inch diameter waterline, all within the City's 8.646 acre tract located approximately 3 miles southwest of Odem, Texas. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute the Amendment of Reynolds Metals Company Easement (Tract 17) instrument with the San Patricio Municipal Water District, a conservation and reclamation district and political subdivision of the State of Texas, which amends the original easement granted from A.A. McGregor, et al to Reynolds Metals Company, dated August 7, 1951 recorded in Volume 169, Page 581, Deed Records of San Patricio County, Texas, and subsequently assigned to San Patricio Municipal Water District, amending the original easement to permit the installation of an additional potable waterline in the easement, not to exceed twelve (12) inches in diameter, and to permit the realignment and centering of the original easement with the centerline of their existing twenty four (24) inch diameter waterline, all within the City's 8.646 acre tract located approximately 3 miles southwest of Odem, Texas. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED on this the ATTEST: Armando Chapa City Secretary day of '2013. Nelda Martinez Mayor SAN PATRICIO MUNICIPAL WATER DIST. CITY COUNCIL EXHIBIT CITY OF CHRISTI, TEXAS AMENDMENT TO WATERLINE EASEMENT DEPARTMENT OCORPUS F ENGINEERING SERVICES TRACT 3C - CITY OF CORPUS CHRISTI PAGE: 7 of 1 PROJECT BUDGET Construct East General Aviation Extension Project No. E12156B Future Item February 12, 2013 Action Item February 26, 2013 FUNDS AVAILABLE: Airport CIP $250,000.00 Future CIP Request $3,098,550.00 Total ..................................................................... ............................... $3,348,550.00 FUNDS REQUIRED: Construction ( Estimated) .......................................... ............................... $2,500,000.00 Contingencies ( 10%) ................................................ ............................... 250,000.00 Consultant Fees: Consultant (KSA Engineers, Inc. Amendment No. 13) ..... ............................... 121,050.00 Consultant (KSA Engineers, Inc. Amendment No. 14) ..... ............................... 140,000.00 Geotechnical & Construction Materials Testing ( Estimated ) ............................ 50,000.00 Reimbursements Contract Administration (Contract Preparation /Award/ Admin ) .......................... 68,750.00 Engineering Services (Project Mgt /Constr Mgt/Traffic Mgt ) ............................. 87,500.00 Construction Observation Services ............................. ............................... 87,500.00 Finance Reimbursements ......................................... ............................... 31,250.00 Misc. (Printing, Advertising, etc.) ................................ ............................... 12,500.00 Total .................................................................... ............................... $3,348,550.00 Estimated Project Budget Balance .............................. ............................... $0.00 K: \Engineering Data Exchange \Lynda \LEGISTAR \FY 13\2 -Feb 12Wirport Amendment 14 \Project Budget - Airport Amend 14 AMENDMENT NO. 14 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 ( "City 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: Construct East GA Extension, (Project No. E121566 "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 $140,000.00 (in figures), (One. Hundred Forty Thousand Dollars and Zero Cents) (in words) for a total revised fee not to exceed $3,695,150.20 (in figures), (Three Million Six Hundred-14ftnety Five Thousand One Hundred Fifty Dollars and Twenty Cents ) (in words) . CITY OF CORPUS CHRISTI Oscar R. Martinez Assistant City Manager RECOMMENDED: KSA ENGINEERS, INC. (Date) Jo ie . Youn (Date) resi ent E. 1 Tyler, S 0600( Longview, TX 75601 (972) 542 -2995 (972) 542 -6750 Daniel Biles, P. E., (Date) Director of Engineering Services Fred Segundo (Date) Director of Aviation APPROVED AS TO FORM: Office of Mgmt and Budget (Date) Project No. E12156B Funding source: Airport 2012 CO CIP Fd 550950- 3026 - 00000- G50E12156B J140,Q00.o0 Encumbrance Number: ENTERED DEC 2 8 2412 CONTRACT MANAGEA�U KAENGINEERING DATAEXCHANGEICLARISSAJVAIRPORT5E1255on CONSTRUCT EAST GA EXTENSIOWSA AMENDMENT NO 14 - CONTRACTUINO. 14 - KSA ENUMERS.DOCX - r This is Amendment No. 14 , consisting of 2 pages, Exhibit A Amendment No. 14 Task Order No. 10 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:_ East General Aviation Apron Extension B; Description: This project will consist of the following items: 1. Extend the East General Aviation Apron to the North General Aviation Apron incorporating a concrete paving designed to accommodate all aircraft anticipated to utilize the apron. 2. Install tie -downs and marking for aircraft circulation and parking, as required. 3, Design apron grades and drainage facilities to drain storm water run -off effectively. 4. 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 Note: This Task Order does not include Construction Phase or Closeout services or fees. 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. 4. Time for Rendering Services Service 1. Final Design Phase City of Corpus Christi, Texas Amendment No. 14 Task Order No. 10 1 of 2 Time Requirement Can -025M 16 weeks Completion Date 1 May 2013 AMEND. NO. 14 EXHIBIT "A" Page 1 of 2 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 Amendment will not exceed $ 140,000,00 without prior written approval by the CITY. Service Fees 1. Final Design Phase: $140,000.00 Total City of Corpus Christi, Texas ArnendmentNo. 14 Task Order No. 10 2 of 2 CRP -025M $140,000.00 AMEND. NO. 14 EXHIBIT "A" Page 2 of 2 Exhibit B FEE SCHEDULE KSA Engineers, Inc. CONTRACT FOR PROFESSIONAL AIE 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 Task Order No. 3 — Runway 17 -35 Extension/Displacement and Connecting Taxiway Project $566,000.00 Task Order No. 4/1000'— Runway 13 -31 Extension/Displacement and Connect in Taxiway Project $720,000.00 Task Order No, 4A1600' — Runway 13 -31 Extension/Displacement and Connecting Taxiway Project $148,000,00 Task Order No. 5 —Taxiway Utilization Study $80,196.00 Total Original Project Fees $1,962,261.00 Amendment No. 1 Topographic Surrey, Plats, Metes & Bounds for Right of Way Acquisition for Access to Relocated Approach Lighting System for Runway 17 (Supplement to Task Order No. 2) $ 5,577.50 Amendment No. 2 Task Order No. 6 - North General Aviation Apron $49,400.00 Amendment No. 3 Task Order No. 7 - Pinson Road & Employee Parking Drainage $24,150.00 Improvements 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 Amendment No. 7 Infield Taxiway Connectors/Runway 13 -31 Project (Supplement to Task Order No. 4 $201,800.00 AMEND. NO. 14 EXHIBIT "B" —Pagel of 2 P � Amendment No. 8 Revise Environmental Assessment and Perform Environmental Due Diligence Audit (EDDA) for NAVAID Relocations (Supplement to Task Order No. 1 $16,010,00 $19,680.00 Amendment No. 9 Task Order No. 8 - Construction Administration Fees for RWY 17 -35 Extension/Displacement and Connecting Taxiways Project $1,000,000.00 $16,925.00 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 $11,672.50 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 $20,000.00 $4,500.00 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 Amendment No. 14 Task Order No. 10 -- East General Aviation Apron Extension $140,000.00 Amended Total Fee $3,695,150.20 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, 3B and 6A Total Fee $11,672.50 Resident Project Representative for Sanitizer Installation Total Fee $4,500.00 AMEND. NO. 14 EXHIBIT "B" Page 2 of SUPPLIERNUMBER TO BE ASSIGNED BY-CITY-- - PURCHASING DIVISION Cif ti Corpus DISCLOSURE OF INTEREST Christi 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: KSA Engineers, Inc. P. O. BOX: STREET ADDRESS: 140 E. Tyler, Suite 600 CITY: Loneview ZIP 75601 FIRM IS: 1. Corporation N 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NIA 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 NIA 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 NIA 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 NIA EXHIBIT "C" Page I of 2 f p r r + y n r 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: Joucie H. Young Title: President (Type or Print) Signature of Certifying / Date: Person: :5�� 1 J9 DE ITI S 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. a "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" Pa e2of2 Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to accelerate Project No. E12156B Construct East General Aviation Apron from Fiscal Year 2015 to 2013; increasing expenditures in the amount of $250,000.00; and authorizing the City Manager or designee to execute Amendment No. 14 to a Professional Services Agreement with KSA Engineers, Inc. of Longview, Texas, in the amount of $140,000.00 for the Design of the East General Aviation Apron Extension. 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. E12156B Construct East General Aviation Apron CIP AV 11 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 $250,000.00 SECTION 3. The City Manager, or designee, is authorized to execute Amendment #14 to a Professional Services Agreement for the Design of the East General Aviation Apron Extension. Armando Chapa City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor =ile : \ Mproject \councilexhibits \exhE12156b.dwg CES F . 624 NUECES BAY 5 , ON _ N Up z �-R R / �-- \� Q ROAD a - Y H 3' CORPUS Y Q CHRISJ-I Q Q HWY 44 ncNES aeNES Bqy � o ° MoRGPN \ CCIA MAR McGL01N RD, W PMT PROJECT LOCATION Y Q, M LOCATION MAP NOT TO SCALE CCIA East General Aviation CITY COUNCIL EXHIBIT Apron Reconstruction CITY OF CORPUS CHRISTI TEXAS DEPARTMENT OF ENGINEERING' SERVICES PAGE: 1 of 1 = _ AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of February 26, 2013 1852 Second Reading /Action Item for the City Council Meeting of March 19, 2013 DATE: February 5, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Ordinance approving waterline reimbursement agreement and appropriation of necessary funding for 15T Investments, LLC, developer /owner of Lot 2, Block 13, Airport Industrial Subdivision CAPTION: Ordinance authorizing execution of a distribution main extension construction and reimbursement agreement ( "agreement ") with 15T Investments, LLC ( "Developer"), for the construction of a distribution waterline and appropriating $26,290.60 from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer in accordance with the agreement PURPOSE: 15T Investments, LLC, will install 1,481 linear feet of 8 -inch water distribution main line to provide adequate water to a proposed warehouse development. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 Credits and Reimbursements of the Unified Development Code ( "UDC "), 15T Investments, LLC is requesting a Reimbursement Agreement for the development of Lot 2, Block 13, Airport Industrial Subdivision, as shown on the final plat. The subdivision is located along the south side of State Highway 44; east of Heinsohn Road and west of North Padre Island Drive (SH 358). The development requires the extension of 1,481 linear feet of 8 -inch distribution water main line in order to provide adequate water to the property. The subject property will be served by a proposed 8 -inch PVC waterline which will connect to an existing 8 —inch waterline at the northend and southend. The improvements will provide adequate water to the proposed warehouse development. A layout of existing and proposed improvements is included in Exhibit C. 15T Investments, LLC, will be extending an offsite waterline to serve the proposed development. The waterline extension qualifies as a Distribution Main. The total construction cost for the Distribution Main extension will be $75,972.40. Since the acreage fee is less than 50% of offsite water cost, the developer must pay 50% of offsite water cost which is $37,986.20, less the acreage fees. The acreage fees are $11,695.60. The remaining balance is $26,290.60 which is the amount the developer is requesting for reimbursement. The reimbursement agreement (Exhibit G) will reimburse the Developer an amount not to exceed $26,290.60 provided the extension is completed within the next 12 months. ALTERNATIVES: Denial of the Reimbursement Agreement. Denial of the ordinance appropriating $26,290.60. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending water to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY /NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Distribution Main Trust Fund Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget $987,305.44 Encumbered / Expended Amount This item $26,290.60 BALANCE $961,014.84 Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Location Map Exhibit B: Final Plat Exhibit C: Proposed Improvements Layout Exhibit D: Application for Water Line Credit Exhibit E: Application for Waterline Reimbursement Exhibit F: Disclosure of Interest Exhibit G: Distribution Main Extension Construction and Reimbursement Agreement ORDINANCE AUTHORIZING EXECUTION OF A DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ( "AGREEMENT ") WITH 15T INVESTMENTS, LLC ( "DEVELOPER "), FOR THE CONSTRUCTION OF A DISTRIBUTION WATERLINE AND APPROPRIATING $26,290.60 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a Distribution Main Extension Construction and Reimbursement Agreement ( "Agree- ment") with 15T Investments, LLC ( "Developer "), for the extension of an 8 -inch distribution waterline, including all related appurtenances, for development of Lot 2, Block 13, Airport Industrial Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $26,290.60 is appropriated from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer for construction of the distribution waterline in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of 20 CITY OF CORPUS CHRISTI Nelda Martinez Mayor Z w z J U) I (89£ HS) 3AINa QNdISI 38CIVd HIMON o O NOSSI9 NOSHIO O! 0- 0' OL ¢ O D' t 4. Co r w W NHOSNI3H H N W Z L3 a 1213fi1d1 lesc Is IF % Z'j FL ] k=� 'Z , (n 1— � LY LL- LD CL y -NIM 21 qp CC cc CO co tE 99' 993 8 m LU U A F- O Z � O pi. p Lo Z w M O � _ U � AGNES ST. w z ' N PROP A 8" WTR ~� � J HWY 44 w � ca w w va J Z 2 ¢ O � O O LD Z N Z H w " SITE" PROP 10" SS LINE EXHIBIT SH ❑WING OFFSITE SANITARY SEWER AND WATER IMPROVEMENTS, AIRPORT INDUSTRIAL SUBDIVISI ❑N, BLK 13, LOT 2 1' = 800' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027 -00, TX ENGINEERING REG. NO. F -52, FILE: EXB -1, JOB NO. 12048, SCALE: 1 " = 60' PLOT SCALE: SAME, PLOT DATE: 10/10/12, SHEET 1 OF 1 Exhibit C APPLICATION FOR WATER LINE CREDIT We, 15T Investments, LLC, P.O. Box 261037, Corpus Christi, TX 78426, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2, hereby apply for $11,695.60 credit towards the water acreage fee for the installation of the water Distribution main as provided for by City Ordinance No. 17092..$75,972.40 is the construction cost, including 11% Engineering and Surveying, as shown by the cost supporting documents attached herewith. By: Title: Date: A� _It,, 1� i )l 2-1 THE STATE OF TEXAS 01111MO1 4111111:149 This instrument was acknowledged before me on 2013, by (Name), —h _(Title), of 15T Investments, LLC, a Texas Corporation, on behalf of the said!-c arp r-ption. Not Public in an the State of T KATRINA MARIE WILLIAMS Notary Public, State of Texas My Commission Expires July 08, 2014 jm�� -1 17r--- Exhibit D �M!11111i` 11 ��� III I We, 15T Investments, LLC, P.O. Box 261037, Corpus Christi, TX 78426, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2, hereby request reimbursement of $26,290.60 for the installation of the water Distribution main in conjunction with said lot, as provided for by City Ordinance No. 17092. $75,972.40 is the construction cost, including 11 % Engineering and Surveying, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. By: Title: Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2013, by -UeL ��IiA- ame),' —(Title), of 15T Investments, LLC, a Texas Corporation, on behalf of the said corporation. KATRINA MARIE Wl Notary Public, State of Texas my commission Expires •,',,;04,,:x' P July 08, 2014 CERTIFICATION the Sta* of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Efficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit E 1/11/2013 AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOT 2 OFFSITE WATER REIMBURSEMENT ITEM NO. ITEM QTY. UNIT UNIT PRICE AMOUNT 1 8" TEE, DI 1 EA $500.00 $500.00 2 8" PVC PIPE 1,481 LF $35.60 $52,723.60 3 8" EL, DI ANY ANGLE 10 EA $465.00 $4,650.00 4 8" GATE VALVE W /BOX 3 EA $1,100.00 $3,300.00 6 8" TAPPING SADDLE W /8" TAPPING GATE VALVE & BOX 1 EA $2,150.00 $2,150.00 6 PAVEMENT PATCHING 1 LS $3,500.00 $3,500.00 7 12" PVC PIPE CASING 36 LF $45.00 $1,620.00 SUBTOTAL $68,443.60 Engineering and Surveying 11% $7,528.80 SUBTOTAL $75,972.40 SINCE ACREAGE FEE IS LESS THAN 50% OF OFFSITE WATER COST, DEVELOPER $37,986.20 MUST PAY 50% OF OFFSITE WATER COST = 50 %X$75,972.40 Less Acreage Fee - $11,695.60 Amount Reimburseable $26,290.60 Exhibit F DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ( "Agree- ment") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule munici- pality, and 15T Investments, LLC ( "Developer /Owner"), a Texas limited liability company. WHEREAS, the Developer /Owner, in compliance with the City's Unified Development Code ( "UDC "), has a plat, approved by the Planning Commission on July 18, 2012, to develop a tract of land, to wit: approximately 8.354 acres known as Lot 2, Block 13, Airport Industrial Subdivision, located on the south side of State Highway 44, east of Heinsohn Road, and west of North Padre Island Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer /Owner is responsible for construction of the distribution main extension ( "Distribution Main Extension "); WHEREAS, under the UDC, the Developer /Owner is eligible for reimbursement of the Developer /Owner's costs for the construction of the Distribution Main Extension; WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer /Owner has submitted an application for reimbursement of the costs from the Distribution Main Trust Fund for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer /Owner shall construct the Distribution Main Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer /Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: EXHIBIT G Install one (1) 8 -inch D.I. Tee; 2. Install 1,481 linear feet of 8 -inch PVC water distribution main line; 3. Install ten (10) 8 -inch EL, DI bends any angle; 4. Install three (3) 8 -inch gate valves with box; 5. Install one (1) 8 -inch tapping saddle with an 8 -inch tapping gate valve and box; 6. Install one (1) pavement patching; and 7. Install thirty -six (36) 12 -inch PVC pipe casings. b. The Distribution Main Extension must begin at the northwest corner of Russell Farm Block 6 and extend east along the south side of State Highway 44 approximately 1,765 feet to the existing 8 -inch waterline at the northwest corner of Gibson Lane and North Padre Island Drive (SH 358). c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer /Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer /Owner shall acquire and dedicate to the City the required additional public utility easements ( "Easements "), if any, necessary for the completion of the Distribution Main Extension. If any of the property needed for the Easements is owned by a third party and the Developer /Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer /Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Distribution Main Extension. 5. DEVELOPER /OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer /Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by February 28, 2014. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. Water Reimbursement Agmt 15T Investmts Airport Indus vFinal Page 2 of 7 EXHIBIT G 8. DEFAULT. The following events shall constitute default: a. Developer /Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer /Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer /Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer /Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer /Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before February 28, 2014. f. Either the City or the Developer /Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should the Developer /Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer /Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer /Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer /Owner by reducing the reimbursement amount due to the Developer /Owner. e. In the event of an uncured default by the Developer /Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and /or Water Reimbursement Agmt 15T Investmts Airport Indus vFinal EXHIBIT G Page 3 of 7 3. Perform any obligation or duty of the Developer /Owner under this Agreement and charge the cost of such performance to the Developer /Owner. The Developer /Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer /Owner receives notice of the cost of performance. In the event the Developer /Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer /Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer /Owner: 15T Investments, LLC Attn: Steven W. Tipps 13513 Camino De Plata Ct. 78418 P. O. Box 261037 Corpus Christi, Texas 78406 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469 -9277 with a copy to: Water Reimbursement Agmt 15T Investmts Airport Indus vFinal EXHIBIT G Page 4 of 7 City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469 -9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer /Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer /Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer /Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Distribution Main Trust Fund and the appropriation of funds, the City will reimburse the Developer /Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $26,290.60 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer /Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer /Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer /Owner and at a time when there has been a partial completion and /or partial payment for the improvements, then the City shall only reimburse the Water Reimbursement Agmt 15T Investmts Airport Indus vFinal EXHIBIT G Page 5 of 7 Developer /Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 8.354 acres known as Lot 2, Block 13, Airport Industrial Subdivision, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer /Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer /Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer /Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer /Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals this day of '20 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Water Reimbursement Agmt 15T Investmts Airport Indus vFinal Wes Pierson Assistant City Manager, designee of the City Manager EXHIBIT G Page 6 of 7 APPROVED AS TO FORM: 12013 Elizabeth Hundley Assistant City Attorney for the City Attorney 15T INVESTMENTS, LLC 0 STATE OF TEXAS § COUNTY OF § Steven W. Tipps Manager This instrument was acknowledged before me on , 2013, by Steven W. Tipps, Manager, 15T Investments, LLC, a Texas limited liability company, on behalf of said company. Water Reimbursement Agmt 15T Investmts Airport Indus vFinal EXHIBIT G Notary Public's Signature Page 7 of 7 lesc Is IF % Z'j FL ] k=� 'Z , (n 1— � LY LL- CL ll 16 15 cc co CO co tE ai 99' 993 8 r uj �M!11111i` 11 ��� III I We, 15T Investments, LLC, P.O. Box 261037, Corpus Christi, TX 78426, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2, hereby request reimbursement of $26,290.60 for the installation of the water Distribution main in conjunction with said lot, as provided for by City Ordinance No. 17092. $75,972.40 is the construction cost, including 11 % Engineering and Surveying, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. By: Title: Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2013, by -UeL ��IiA- ame),' —(Title), of 15T Investments, LLC, a Texas Corporation, on behalf of the said corporation. KATRINA MARIE Wl Notary Public, State of Texas my commission Expires •,',,;04,,:x' P July 08, 2014 CERTIFICATION the Sta* of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Efficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 U A F- O Z � O pi. p Lo Z w M O � _ U � AGNES ST. w z ' N PROP A 8" WTR ~� � J HWY 44 w � ca w w va J Z 2 ¢ O � O O LD Z N Z H w " SITE" PROP 10" SS LINE EXHIBIT SH ❑WING OFFSITE SANITARY SEWER AND WATER IMPROVEMENTS, AIRPORT INDUSTRIAL SUBDIVISI ❑N, BLK 13, LOT 2 1' = 800' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027 -00, TX ENGINEERING REG. NO. F -52, FILE: EXB -1, JOB NO. 12048, SCALE: 1 " = 60' PLOT SCALE: SAME, PLOT DATE: 10/10/12, SHEET 1 OF 1 Exhibit 3 1/11/2013 AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOT 2 OFFSITE WATER REIMBURSEMENT ITEM NO. ITEM QTY. UNIT UNIT PRICE AMOUNT 1 8" TEE, DI 1 EA $500.00 $500.00 2 8" PVC PIPE 1,481 LF $35.60 $52,723.60 3 8" EL, DI ANY ANGLE 10 EA $465.00 $4,650.00 4 8" GATE VALVE W /BOX 3 EA $1,100.00 $3,300.00 6 8" TAPPING SADDLE W /8" TAPPING GATE VALVE & BOX 1 EA $2,150.00 $2,150.00 6 PAVEMENT PATCHING 1 LS $3,500.00 $3,500.00 7 12" PVC PIPE CASING 36 LF $45.00 $1,620.00 SUBTOTAL $68,443.60 Engineering and Surveying 11% $7,528.80 SUBTOTAL $75,972.40 SINCE ACREAGE FEE IS LESS THAN 50% OF OFFSITE WATER COST, DEVELOPER $37,986.20 MUST PAY 50% OF OFFSITE WATER COST = 50 %X$75,972.40 Less Acreage Fee - $11,695.60 Amount Reimburseable $26,290.60 1: mmilplix1l 6W CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRST NAME: 15T Investments, LLC STREET: 5901 State Hwy 44 CITY: Corpus Christi m3m;`�• FIRM IS: E]l . Corporation ❑2. Partnership 03. Sole Owner E]4. Association FZ]5, Other Limited Partnershi 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) None None 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 None None 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 None None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm". Name Consultant None None CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Steven Tipps (Type or Print) Signature of Certifying Person: Exhibit 5 Title: Member Date: 12/13/2012 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 26, 2013 Second Reading for the City Council Meeting of March 19, 2013 1852 DATE: January 31, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P. E., Director, Development Services arkVV cctexas.com 361.826.3246 Amendment to the Code of Ordinances, Chapter 14, Article II, City of Corpus Christi Technical Construction Codes: Division 4, Energy Conservation code, Section 14 -251, Energy conservation code CAPTION: Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 4, "ENERGY CONSERVATION CODE," Section 14 -251, "Energy conservation code," by adding provisions for approved inspection agencies, a submission method, and a submission time frame for test results; providing for severance, penalties, publication, and an effective date. PURPOSE: To establish the process for managing the International Energy Conservation Code; pertaining to approved inspection agencies, submission methods and submission time frames. BACKGROUND AND FINDINGS: The 2009 International Building Codes, which included the International Conservation Code, were adopted by the City Council on January 10, 2012, providing an effective date of April 9, 2012. Creating new subsections 104.5.1 and 104.5.2 would set forth the requirements that third party inspectors register with the City on an annual basis and maintain a commercial general liability, with a combined single limit per occurrence, insurance policy. In addition, creating new subsections 104.8.a thru 104.8.d would set forth the documentation requirements and submittal timeframe. ALTERNATIVES: Make no change to the 2009 Energy Conservation Code as adopted which would not allow for third party inspectors. This action would require that all energy inspections be performed by City inspectors only, creating the need for additional staff. OTHER CONSIDERATIONS: NONE CONFORMITY TO CITY POLICY: This ordinance conforms to Chapter 14 of the Code of Ordinances. EMERGENCY /NON- EMERGENCY: This is a non - emergency item. DEPARTMENTALCLEARANCES: Building Code Board of Appeals Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q 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 and the Building Code Board of Appeals recommend approval of the proposed amendment through ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 4, "ENERGY CONSERVATION CODE," Section 14 -251, "Energy conservation code," by adding provisions for approved inspection agencies, a submission method, and a submission time frame for test results; providing for severance, penalties, publication, and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 4, "ENERGY CONSERVATION CODE," Section 14 -251, "Energy conservation code," is amended by adding provisions for approved inspection agencies, a submission method, and a submission time frame for test results, to read as follows: "Sec. 14 -251. Energy conservation code. "With the following additions, deletions, and revisions, the International Energy Conservation Code, 2009 Edition, as published by the Inter- national Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section and on file in the city secretary's office, is incorporated by reference and adopted as the Energy Conservation Code for the City of Corpus Christi: "(2) Section 104.5 of the International Energy Conservation Code is revised to read as follows: 104.5 Approved inspection agencies. The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. "104.5.1 Approved agents. Only those third party inspectors who have been registered with the City and have met the requirements of the Building Official shall be accepted as approved energy conservation code compliance inspectors. A list of third party inspectors that are registered with the City to be third party energy compliance inspectors will be available on the City's Develoament Services website for aublic viewina. " 104.5.2 Requirements for registered third party inspectors. (a) Insurance — Third party inspectors are required to have $500,000 of commercial general liability, with a combined single limit per occurrence provided coverage for property damage and bodily injury. (b) Registration —All third party inspectors are required to register with the City for participation in the "City of Corpus Christi Energy Conservation Code Compliance Program." (c) Renewal — All third party inspectors are required to submit an annual renewal and proof of current insurance to Development Services. Section 104.8 of the International Energy Conservation Code is revised to read as follows: "104.8 Approval. After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the Building Official. "104.8.a Method ofApproval. Test results will be accepted by Development Services via electronic submission or hard copy. " 104.8. b Documentation Requirements for Code Compliance Registration with the City shall contain: "i) The name of the company "ii) Company address "iii) Specific energy improvements offered by company "iv) Name of registered technician that will be performing the inspection "v) Type of certification that inspector has acquired "vi) Certificate of insurance " 104.8. c Documentation Requirements for Inspection Submission: "i) Verification of third party registration "ii) Disclosure of inspection results "iii) Pass or fail results Energy Code Sec14 251 v05 Page 2 of 4 " 104.8. d Time Frame for Submittinq Approved Test Results. Test results by a third party inspector in compliance with Section 104.5.1 shall be filed with Development Services, Building Division, prior to the Certificate of Occupancy being issued. "104.8.1 Revocation. The Building Official is authorized to, in writing, suspend or revoke a notice of approval whenever the certificate is issued in error, incorrect information was supplied, or where it is determined that the building, structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. "(21 4) Section 108.4 of the International Energy Conservation Code is deleted. Refer to section 14 -207 Violations and Penalties." SECTION 2. If, for any reason, any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, para- graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Sections 1 -6, 1 -6.1, and 14 -207 of the Code of Ordinances, City of Corpus Christi. Unless otherwise specifically stated within the provisions of this ordinance or the Code of Ordinances, City of Corpus Christi, any violation of this ordinance or the requirements implemented under this ordinance that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence." SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. SECTION 5. This ordinance and its requirements take effect on and after April 1, 2013. Energy Code Sec14 251 v05 Page 3 of 4 The foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , Nelda Martinez Mayor Energy Code Sec14 251 v05 Page 4 of 4 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 26, 2013 852 Second Reading Ordinance for the City Council Meeting of March 13, 2013 DATE: February 11, 2013 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Management and Budget EddieHo @cctexas.com (361) 826 -3792 Rebate of Excess Fund Balances in the General Liability and Workers Compensation Funds and appropriation of funds for Texas Safe Shelter Initiative CAPTION: Ordinance amending the Fiscal Year 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by adjusting expenditures and revenues in the General Fund and various Enterprise, Internal Service and Special Revenue Funds, by increasing expenditures by $6,600,000 and increasing revenues by $6,600,000 to rebate excess funds contributed for General Liability and Workers' Compensation; and, appropriating $600,000 of the unreserved fund balance in the General Fund as part of the Texas Safe Shelter Initiative, for the construction of a domed structure to be used by the City of Corpus Christi, Texas as a community safe room for protection from emergencies. PURPOSE- This action is to rebate excess funds contributed by various departments for General Liability and Workers Compensation insurance contributions. This action also appropriates money, which represents City matching funds, for the construction of a domed structure that will be available for use as a safe shelter during emergencies and for other purposes. BACKGROUND AND FINDINGS: Over the last several years, expenditures in the General Liability and Workers Compensation Funds have been less than actuarial projections. Thus, the fund balances in the General Liability and Workers Compensation Funds have increased above the amounts required by the Financial Policies. In order to build a domed structure to provide immediate shelter to the at risk population in the city, the City of Corpus Christi applied for funding through the Texas Division of Emergency Management as part of the Texas Safe Shelter Initiative, and will receive the funding from the Federal Emergency Management Agency. ALTERNATIVES: The City can choose to not rebate the excess amounts contributed by the various departments. By doing so, the fund balances in the General Liability and Workers Compensation Funds will remain above the required amounts. The City can choose not to participate in the Texas Safe Shelter Project. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to the Financial Policies adopted by Resolution #029521 dated May 29, 2012. EMERGENCY / NON - EMERGENCY: This item is a non - emergency. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑x Revenue ❑ Capital ❑ Not applicable Fund(s): Funds receiving the rebate are listed on the attached spreadsheet. Comments: N/A RECOMMENDATION: Staff's recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Internal Service Fund Rebates Project to Date Fiscal Year: Expenditures 2012 -2013 (CIP only) Current Year Future Years TOTALS Line Item Revenue Budget 6,600,000.00 6,600, 000. 00 Encumbered / Expended Amount This item 6,600,000.00 0.00 6,600,000.00 BALANCE 0.00 0.00 0.00 Fund(s): Funds receiving the rebate are listed on the attached spreadsheet. Comments: N/A RECOMMENDATION: Staff's recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Internal Service Fund Rebates Ordinance amending the Fiscal Year 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by adjusting expenditures and revenues in the General Fund and various Internal Service and Special Revenue Funds, by reducing expenditures by $6,600,000 and increasing revenues by $6,600,000 to rebate excess funds contributed for General Liability and Workers' Compensation; and appropriating $600,000 of the unreserved fund balance in the General Fund as part of the Texas Safe Shelter Project, for the construction of a domed structure to be used by the City of Corpus Christi as a community safe room for protection from emergencies. Section 1. That the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is amended to adjust expenditures and revenues in the General Fund and various Internal Service and Special Revenue Funds, as identified in the attached Exhibit, by reducing expenditures by $6,600,000 and increasing revenues by $6,600,000 to rebate excess funds contributed for General Liability and Workers' Compensation. Section 2. That $600,000 is appropriated from the unreserved fund balance in the General Fund as part of the Texas Safe Shelter Project for the construction of a domed structure to be used by the City of Corpus Christi as a community safe room for protection from emergencies. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor Exhibit Summary of Internal Service Excess Fund Balances Recommended Rebate 4,300,000 2,300,000 6,600,000 Gen. Liability Workers Comp TOTAL % Fund 1020 General 2,319,947 1,461,043 3,780,991 57.29% 1045 Red Light Camera 1,658 1,477 3,135 0.05% 4010 Water 688,930 163,308 852,238 12.91% 4130 Gas 163,876 100,053 263,929 4.00% 4200 Wastewater 260,445 123,417 383,862 5.82% 4300 Stormwater 71,186 59,916 131,102 1.99% 4610 Airport 267,214 71,461 338,675 5.13% 4670 Development Svcs 60,277 45,432 105,709 1.60% 4690 Golf 12,465 5,142 17,607 0.27% 4700 Marina 52,617 11,081 63,698 0.97% 4710 Visitors' 25,037 7,391 32,428 0.49% 5010 Stores 25,078 15,522 40,600 0.62% 5110 Maint. Services 86,084 62,789 148,873 2.26% 5210 MIS 146,171 74,247 220,418 3.34% 5310 Engineering 61,048 46,177 107,226 1.62% 5613 Risk Admin. 0 0 0 0.00% 6060 LEPC 833 736 1,570 0.02% 9010 Crime Control 57,133 50,806 107,938 1.64% Amount Rebated 4,300,000 2,300,000 6,600,000 100% Corpus Christi, Texas Day of , TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, Nelda Martinez Mayor The above ordinance was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Internal Services Fund Rebates Recommended Rebate 4,300,000 2,300,000 6,600,000 Gen. Liability Workers Comp TOTAL % Fund 1020 General 2,319,947 1,461,043 3,780,991 57.29% 1045 Red Light Camera 1,658 1,477 3,135 0.05% 4010 Water 688,930 163,308 852,238 12.91% 4130 Gas 163,876 100,053 263,929 4.00% 4200 Wastewater 260,445 123,417 383,862 5.82% 4300 Stormwater 71,186 59,916 131,102 1.99% 4610 Airport 267,214 71,461 338,675 5.13% 4670 Development Svcs 60,277 45,432 105,709 1.60% 4690 Golf 12,465 5,142 17,607 0.27% 4700 Marina 52,617 11,081 63,698 0.97% 4710 Visitors' 25,037 7,391 32,428 0.49% 5010 Stores 25,078 15,522 40,600 0.62% 5110 Maint. Services 86,084 62,789 148,873 2.26% 5210 MIS 146,171 74,247 220,418 3.34% 5310 Engineering 61,048 46,177 107,226 1.62% 5613 Risk Admin. 0 0 0 0.00% 6060 LEPC 833 736 1,570 0.02% 9010 Crime Control 57,133 50,806 107,938 1.64% Amount Rebated 4,300,000 2,300,000 6,600,000 100% 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 26, 2013 1852 Second Reading for the City Council Meeting of March 19, 2013 DATE: February 6, 2013 TO: Ronald L. Olson, City Manager FROM: Kim Womack, Public Communications Director Kimw cctexas.com (361) 826 -3211 Appropriate $142,645.50 in revenue from the State Cable Franchises for capital expenditures related to Public, Education and Government Access Channels. CAPTION: Ordinance appropriating $142,645.50 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $1427645.50. PURPOSE: To appropriate $142,645.50 in cable franchise revenue for capital expenditures related to Public, Education and Government Access Channels. BACKGROUND AND FINDINGS: The City currently has three state issued cable providers including: Time Warner Cable, Grande Communications and AT &T. In June of 2013 when Time Warner Cable was granted a state issued franchise, all three cable providers began collecting the state and federal provisioned Public, Education and Government (PEG) 1 % fee dedicated to facilities and equipment. The ordinance appropriates funding received as of January 31, 2013. Payments will continue to be received on a quarterly basis. The City continues to work through the cable franchise transition. By appropriating the funds, the City will be able to acquire capital infrastructure equipment to complete the final broadcast signal transition with Time Warner Cable. ALTERNATIVES: Delay appropriation results in capital equipment purchases being delayed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Funds must be appropriated into designated fund. EMERGENCY / NON - EMERGENCY: Non - Emergency with two readings required. DEPARTMENTAL CLEARANCES: Legal 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 0 0 0 Encumbered / Expended Amount 0 0 0 0 This item 0 142,645.50 0 1 1427645.50 BALANCE 01 1427645.50 1 0 1142764 5.50 Fund(s): 1031 Public, Education and Government Cable Comments: Ordinance appropriates money received not included in the FY 2012 -2013 Budget. RECOMMENDATION: Staff recommends appropriating funds in order to acquire capital infrastructure equipment to complete the final broadcast signal transition with Time Warner Cable. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance appropriating $142,645.50 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $142,645.50. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $142,645.50 from the State Cable franchises issued by the Public Utility Commission of Texas is appropriated in the No. 1031 Public, Education and Government Cable Fund for capital expenditures for the Public, Education, and Government Access Channels. Section 2. That the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase appropriations by $142,645.50. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 12, 2012 852 Second Reading for the City Council Meeting of February 26, 2012 DATE: January 21, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Establishment of Tree Advisory Committee and provision for diseased trees CAPTION: Ordinance amending the City Code of Ordinances to establish the Tree Advisory Committee and include provision to address diseased trees. PURPOSE: In Spring 2012, the City Council directed the Parks and Recreation Department to work with the local 12,000 Trees for 2012 group to prepare an application for the Tree City USA designation. The proposed ordinance will help the city meet two of the standards as it establishes a Tree Board to be appointed by City Council and list minimum standards for tree planting and management on public property. BACKGROUND AND FINDINGS: Tree City USA, sponsored by The Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters, provides direction, technical assistance, public attention, and national recognition for urban and community forestry programs in thousands of towns and cities. In order gain the Tree City USA designation, a community must meet four established standards: 1. Have a tree board or urban forestry department 2. Approve a tree care ordinance 3. Observe Arbor Day via events and proclamation 4. Have a community forestry program with annual budget of at least $2 per capita The proposed ordinance will help the city meet two of the standards as it establishes a Tree Board to be appointed by City Council and list minimum standards for tree planting and management on public property. The Tree Board will be responsible for working with city staff to develop a detailed tree planting and management plan and reviewing the plan annually. The Parks and Recreation Department has been observing Arbor Day on an annual basis for years through tree planting events, tree trimming workshops and coordinating a City Council proclamation to recognize the day. AEP's tree trimming program coupled with the Department's tree planting and care program meet the final standard for the Tree City USA standard. ALTERNATIVES: Do not approve the ordinance and end the pursuit of the Tree City USA designation OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all changes to the City Code of Ordinance EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal; The Parks and Recreation Advisory Commission approved the proposed ordinance on October 10, 2012. The Planning Commission approved the proposed ordinance on December 19, 2012. 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: Staff recommends the approval of the ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Copy of Tree City USA application form Page 1 of 7 Ordinance amending the City Code of Ordinances to establish the Tree Advisory Committee and include provisions to address diseased trees. Whereas, trees are a valuable asset that provide shade, beauty and wildlife habitat; while improving the quality of air, soil and waters around them; increasing property values; and making the City more attractive to visitors and potential new citizens; Whereas, the City desires to receive designation as Tree City USA; Whereas, the four standards of Tree City USA are: 1) a tree board or department; 2) a tree care ordinance, 3) a community forestry program with an annual budget of at least $2 per capita; and 4) an Arbor Day observance and proclamation; Whereas, pursuant to standards of Tree City USA, the tree ordinance must designate the establishment of a tree board or a forestry department and give them the responsibility for writing and implementing an annual community forestry work plan; Whereas, the City Council desires to establish a tree advisory committee to assist the city in its management and care of trees on City property Now, therefore, be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Chapter 2 of the City Code of Ordinances, Article IV, Miscellaneous Boards, Commissions and Committees, is amended to establish Tree Advisory Committee, to read as follows: " Section 2 -315. Creation and Establishment of Tree Advisory Committee, The City Council hereby establishes a Tree Advisory Committee for the City of Corpus Christi, Texas, which shall consist of five (5) members to be approved by the Citv Council. Members of the Committee shall serve without comaensation. Membership of the Committee shall consist of one (1) Landscape Architect, one (1) Certified Arborist; one (1) representative from electric utility provider AEP, and two (2) At -Large community members. Page 2 of 7 Committee Liaisons shall be a representative from the Parks and Recreation Advisory Committee and also from the Planning Commission. The Committee Liaisons shall have no voting power. Staff Liaisons to the Committee shall be an employee from each of the following City departments: Parks and Recreation, Planning, Development Services, Traffic Engineering, Engineering, and Code Enforcement." "Section 2 -316. Term of Office; Chair and Vice - Chair, and Quorum requirements. Terms of office for the Tree Advisory Committee members shall be two years. The Committee shall choose a Chair and Vice - Chair, upon approval of the majority of the Committee members present and voting. The Committee shall comply with the Texas Open Meetings Act. A majority of the Committee members shall be a quorum for the transaction of meetings." Section 2 -317. Duties and Responsibilities. A. Development of City's Public Tree Plan. 1) It shall be the responsibility of the Tree Advisory Committee to review and recommend a formal written plan to the City Council for the care, preservation, pruning, planting, replanting, removal or disposition of Public Trees. The plan must not conflict with the Parks and Recreation Master Plans. The Committee shall provide a recommendation to Planning Commission on any proposed amendments to the Unified Development Code pertaining to planting and landscaping requirements. 2) A Public Tree is defined for purposes of this Ordinance as trees, shrubs, bushes and all other woody vegetation planted in land owned by the City of Corpus Christi, Texas. 3) The Committee shall work with the staff of the Parks and Recreation Department to develop a recommended list of tree species for Public Trees to be planted on lands owned by the City. The list shall be broken into categories of small, medium, and large trees, such terms to be defined in the Citv's Public Tree Plan. Page 3of7 4) The City's Public Tree Plan shall provide for the following: a. No Public Tree may be closer than the following distances from the curb or sidewalk: small trees, 2 feet; medium trees, 3 feet, and large trees, 4 feet. b. No Public Tree shall be planted closer than 20 feet to any street corner. measured from the aoint of curbs and curblines of the nearest intersection. c. No Public Tree shall be planted closer than 10 feet to any fire hydrant. d. The City shall retain all rights to plant, prune, maintain, and remove Public Trees, plants and shrubs on City owned property. e. The Public Tree Plan shall incoraorate all aaalicable Citv ordinances regarding tree care and maintenance, including but not limited to the provisions of Section 53 -264 which requires that every owner of any tree overhanging any street or right -of -way within the city shall prune the branches in accordance with Section 53 -264 so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clearance space of at least seven feet (7') above the surface of the sidewalk and at least thirteen (13) feet above the surface of the street. f. The plan shall address unnecessary topping of Public Trees. Trees severely damaged by storms or other causes or certain trees under utility wires and other obstructions where alternative pruning practices are impractical may be exempt from the plan at the determination of the Tree Advisory Committee. 5) The written plan shall be presented to the City Council for review and consideration for approval. Upon approval by the City Council, such plan shall constitute the official Public Tree Plan for the City of Corpus Christi. 6) The Tree Advisory Committee shall periodically review such approved plan for recommended updates to the City Council. Upon City Council approval, the Committee shall work with the Parks and Recreation Department to implement the plan. Page 4 of 7 B. Other duties. 1) The Committee may recommend to the Parks Director the removal of any Public Tree or part thereof which is damaged by disease, storm or which is in an unsafe condition. 2) The City Council may request the Tree Advisory Committee to consider, investigate, make findings, report or recommend upon any special matter of question pertinent to the City Public Tree plan. 3) The Tree Advisory Committee shall provide a recommendation to Planning Commission on any proposed amendments to the Unified Development Code pertaining to tree planting and landscaping requirements. Section 2. That City Code of Ordinances, Chapter 23, Health and Sanitation, Article III, Unhealthful or Dangerous Conditions, is amended to add provisions regarding diseased trees, to read as follows: "Sec. 23-70. - Tali weeds, brush, and diseased trees prohibited on lots. (a)No person who owns or occupies any lot or parcel of land in the city may permit or allow weeds or brush twelve (12) inches or higher to grow on the lot or parcel of land. No person who owns or occupies any lot or parcel of land in the city may permit or allow any diseased tree to remain on the lot or parcel of land. For purposes of this chapter, a diseased tree means a tree or plant infected by a lethal disease communicable to another tree or plant as determined by a certified arborist. (b) Upon conviction of a violation under this section, the person must be fined an amount not less than one hundred dollars ($100.00) and not more than two thousand dollars ($2,000.00) per violation; provided, however, in the event a person has once previously been convicted under section 23 -70 of this article, the person must be fined an amount not less than two hundred dollars ($200.00), and must be fined not less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter." "Sec. 23-72. - Work or improvements y municipality. (a) If the owner of property in the municipality does not comply with a municipal ordinance or requirement relating to stagnant water, filth, Page 5of7 carrion, weeds, rubbish, brush, diseased trees, and other objectionable, unsightly, unwholesome, or unsanitary matter, or conditions under this chapter within seven (7) days of notice of a violation, the director of public health, the director of housing and community development, or the director of solid waste services, or their designees, may: (1) Do the work or make the improvements required; and (2) Pay for the work done or improvements made and charge the expenses to the owner of the property. (b) The notice must be given: (1) Personally to the owner in writing; (2) By letter addressed to the owner at the owner's address as recorded in the records of the appraisal district in which the property is located; or (3) If personal service cannot be obtained, notice to the property owner must be: a. By publication at least once; b. By posting the notice on or near the front door of each building on the property to which the violation relates; or c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (c)lf the director of public health, the director of housing and community development, or the director of solid waste services, or their designees, mails a notice to a property owner in accordance with subsection (b)(2) of this section and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered delivered. (d)ln a notice provided under this section, the director of public health, the director of housing and community development, or the director of solid waste services, or their designees, may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the director of public health, the director of housing and community development, or the director of solid waste services, or their designees, may correct the violation, without further notice, at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs Page 6 of 7 within the one -year period, and the director of public health, the director of housing and community development, or the director of solid waste services, or their designees, has not been informed in writing by the owner of an ownership change, then the municipality without notice may take any action permitted by subsections (a)(1) and (2) and assess its expenses as provided by section 23 -73." Section 3. Inapplicability to Electric Franchisee Nothing in this Ordinance shall be applied or interpreted to reduce or alter any of the rights granted to AEP Texas Central Company or their assignees in Ordinance No. 028022. Section 4. Effective Date. This Ordinance takes effect on date of publication after final City Council approval. Page 7 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor TREE WY USA Mail completed application with requested attachments to your state forester no later than December 3 I. The TREE CITY USA award is in recognition of work completed by the community during the calendar year. Please provide information for the year ending. (Some states require information in addition to the requested on this application. Check with your state foresters.) rgw� f (Title - Mayor or other city official) I" herewith make application for this community to be officially recognized and designated as a Tree City USX For , having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1: A Tree Board or Department List date of establishment of board, board members, and meeting dates for the past year, or name of city department and manager. Standard 2: A Community Tree Ordinanki Date or4liaxce esta'ills!ted Attach ordinance. Standard 3-. A Community Forestry Program with an Annual Budget of at Least $2 Per Capita Community population ................ ---- ... —.— ............ ........ --- ...... Attach annual work plan outlining the work earned out during the past year. Attach breakdown of community forestry expenditures. Standard 4: An Arbor Day Observance and Proclamation Date observance was held Attach program of activities and/or news coverage. Attach Arbor Day proclamation. IWIM 1 Title Date City Forestry Contact: Name: Title: Address: City, State, Zip: Phone Email: NOTE: Application will not be processed without attachments. 0011103WOT M14 V - MR-307709='i (Community) the application and have concluded that, based on the information contained herein, said community is eligible to be recognized and designated as a Tree City USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. Signed State Forester Person in State Forester's Office who should receive recognition material: Name: UPS Address: Title: City, State, Zip: Agency: PH #: Email: W 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2013 1852 Action Item for the City Council Meeting of February 26, 2013 DATE: January 29, 2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director E dieO _cctexas.com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyBpcctexas.com 826.3021 Resolution of the City Council of the City of Corpus Christi supporting the proposed Woodland Creek Apartments; acknowledging an application for 9% Low Income Housing Tax Credits to the Texas Department of Housing and Community Affairs; and acknowledging the local support for the HOME Investment Partnership Program funds from the City of Corpus Christi. CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Woodland Creek Apartments to be developed by TG 110, Inc. PURPOSE: Woodland Creek Apartments is an affordable housing development located at 11641 Leopard St., Corpus Christi, TX 78410. TG 110, Inc. proposes the demolition and reconstruction of 94 apartments (100% Section 8) serving low- income families, seniors, and individuals. If selected for Low Income Housing Tax Credits, the development will be primarily funded through TDHCA LIHTC's, private debt, and HOME funds through the City of Corpus Christi. The request of HOME funds for this project is $470,000. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing with them in the Corpus Christi market, but does acknowledge their application and consideration of HOME funds from the City of Corpus Christi. CONFORMITY TO CITY POLICY: Council approval is required for the passing of the resolutions. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal 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 Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council recognize the applicant's applications for HOME Investment Partnership Program Funds from the City of Corpus Christi and to support Affordable Housing. LIST OF SUPPORTING DOCUMENTS: �►D_1 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Woodland Creek Apartments to be developed by TG 110, Inc. Whereas, TG 110, Inc. has proposed a development project to demolish and reconstruct 94 apartments to provide affordable housing to be located at 11641 Leopard Street, Corpus Christi, Texas 78410 and named Woodland Creek Apartments ( "Woodland Creek Apartment Project "); and Whereas, TG 110, Inc. intends to submit an application to the Texas Department of Housing and Community Affairs ( "TDHCA ") for 2013 Housing Tax Credits for the Woodland Creek Apartment Project; and Whereas, TG 110, Inc. has applied for HOME funding for the Woodland Creek Apartment Project in the amount of $470,000 from the City of Corpus Christi which represents $5,000 in funding per affordable rental unit; and Whereas, Section 11.9(d)(3)(B) of the 2013 State of Texas Qualified Allocation Plan states that one point may be added in the Housing Tax Credits evaluation process if the applicant provides a firm commitment of funds in the form of a resolution from the unit of general local government in its application; and Whereas, the City of Corpus Christi intends to set aside HOME Funds in the City of Corpus Christi FY 2013 Consolidated Annual Action Plan ( "CAAP ") to support the TG 110, Inc. Woodland Creek Apartment Project subject to an award of Low Income Housing Tax Credits from the Texas Department of Housing and Community Affairs to TG 110, Inc., and subject to receipt of sufficient available Department of Housing and Urban Development funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Woodland Creek Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Woodland Creek Apartment Project. PASSED AND APPROVED this day of _ , 2013 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: Armando Chapa City Secretary Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott CITY OF CORPUS CHRISTI Nelda Martinez Mayor 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2013 1852 Action Item for the City Council Meeting of February 26, 2013 DATE: January 29, 2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director E dieO _cctexas.com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyBpcctexas.com 826.3021 Resolution of the City Council of the City of Corpus Christi supporting the proposed Lexington Manor Apartments; acknowledging an application for 9% Low Income Housing Tax Credits to the Texas Department of Housing and Community Affairs; and acknowledging the local support for the HOME Investment Partnership Program funds from the City of Corpus Christi. CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Lexington Manor Apartments to be developed by TG 110, Inc. PURPOSE: Lexington Manor Apartments is an affordable housing development located at 5201 Kostoryz Rd., Corpus Christi, TX 78415. TG 110, Inc. proposes the demolition and reconstruction of 153 apartments (52 at Section 8 units) serving low- income families, seniors, and individuals. If selected for Low Income Housing Tax Credits (LIHTC), the development will be primarily funded through TDHCA, private debt, and HOME funds through the City of Corpus Christi. Lexington Manor will serve residents at 30 %, 50 %, and 60% of Area Median Income. The request of HOME funds for this project is $765,000. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing with them in the Corpus Christi market, but does acknowledge their application and consideration of HOME funds from the City of Corpus Christi. CONFORMITY TO CITY POLICY: Council approval is required for the passing of the resolutions. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal 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 Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council recognize the applicant's applications for HOME Investment Partnership Program Funds from the City of Corpus Christi and to support Affordable Housing. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Lexington Manor Apartments to be developed by TG 110, Inc. Whereas, TG 110, Inc. has proposed a development project to demolish and reconstruct 153 apartments to provide affordable housing to be located at 3126 Ray Ellison / 5201 Kostoryz, Corpus Christi, Texas 78415 and named Lexington Manor Apartments ( "Lexington Manor Apartment Project "); and Whereas, TG 110, Inc. intends to submit an application to the Texas Department of Housing and Community Affairs ( "TDHCA ") for 2013 Housing Tax Credits for the Lexington Manor Apartment Project; and Whereas, TG 110, Inc. has applied for HOME funding for the Lexington Manor Apartment Project in the amount of $765,000 from the City of Corpus Christi which represents $5,000 in funding per affordable rental unit; and Whereas, Section 11.9(d)(3)(B) of the 2013 State of Texas Qualified Allocation Plan states that one point may be added in the Housing Tax Credits evaluation process if the applicant provides a firm commitment of funds in the form of a resolution from the unit of general local government in its application; and Whereas, the City of Corpus Christi intends to set aside HOME Funds in the City of Corpus Christi FY 2013 Consolidated Annual Action Plan ( "CAAP ") to support the TG 110, Inc. Lexington Manor Apartment Project subject to an award of Low Income Housing Tax Credits from the Texas Department of Housing and Community Affairs to TG 110, Inc., and subject to receipt of sufficient available Department of Housing and Urban Development funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Lexington Manor Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support of the allocation of Housing Tax Credits for the Lexington Manor Apartment Project. PASSED AND APPROVED this day of _ , 2013 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: Armando Chapa City Secretary Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott CITY OF CORPUS CHRISTI Nelda Martinez Mayor 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2013 1852 Action Item for the City Council Meeting of February 26, 2013 DATE: January 29, 2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director EieO _cctexas.com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyBpcctexas.com 826.3021 Resolution of the City Council of the City of Corpus Christi supporting the proposed Riverstone Apartments; acknowledging an application for 9% Low Income Housing Tax Credits to the Texas Department of Housing and Community Affairs; and acknowledging the local support for the HOME Investment Partnership Program funds from the City of Corpus Christi. CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Riverstone Apartments to be developed by MDS Housing Corpus Christi, Ltd. PURPOSE: Riverstone Apartments, once constructed, will be an affordable housing development located at the intersection of Northwest Blvd. and County Road 69, Corpus Christi, TX 78410. MDS Housing Corpus Christi, LTD. proposes the construction of 72 apartments serving low- income families, seniors, and individuals at 30 %, 50 %, and 60% Area Median Income. If selected for Low Income Housing Tax Credits, the development will primarily be funded through TDHCA LIHTC's, private debt, and HOME funds through the City of Corpus Christi. The request of HOME funds for this project is $1,080,000. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing with them in the Corpus Christi market, but does acknowledge their application and consideration of HOME funds from the City of Corpus Christi. CONFORMITY TO CITY POLICY: Council approval is required for the passing of the resolutions. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal 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 Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council recognize the applicant's applications for HOME Investment Partnership Program Funds from the City of Corpus Christi and to support Affordable Housing. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Riverstone Apartments to be developed by MDS Housing Corpus Christi, Ltd. Whereas, MDS Housing Corpus Christi, Ltd. has proposed a development project to construct 72 apartments to provide affordable housing to be located at intersection of Northwest Blvd. and County Road 69, Corpus Christi, Texas 78410 and named Riverstone Apartments ( "Riverstone Apartment Project "); and Whereas, MDS Housing Corpus Christi, Ltd. intends to submit an application to the Texas Department of Housing and Community Affairs ( "TDHCA ") for 2013 Housing Tax Credits for the Riverstone Apartment Project; and Whereas, MDS Housing Corpus Christi, Ltd. has applied for HOME funding for the Riverstone Apartment Project in the amount of $1,080,000 from the City of Corpus Christi which represents $15,000 in funding per affordable rental unit; and Whereas, Section 11.9(d)(3)(B) of the 2013 State of Texas Qualified Allocation Plan states that one point may be added in the Housing Tax Credits evaluation process if the applicant provides a firm commitment of funds in the form of a resolution from the unit of general local government in its application; and Whereas, the City of Corpus Christi intends to set aside HOME Funds from the City of Corpus Christi FY 2013 Consolidated Annual Action Plan ( "CAAP ") to support the MDS Housing Corpus Christi, Ltd. Riverstone Apartment Project subject to an award of Low Income Housing Tax Credits from the Texas Department of Housing and Community Affairs to MDS Housing Corpus Christi, Ltd., and subject to receipt of sufficient available Department of Housing and Urban Development funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Riverstone Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support of the allocation of Housing Tax Credits for the Riverstone Apartment Project. PASSED AND APPROVED this day of _ , 2013 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: Armando Chapa City Secretary Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott CITY OF CORPUS CHRISTI Nelda Martinez Mayor SC o A tA M AGENDA MEMORANDUM G O U HCOgP4fl, Future Item for the City Council Meeting of February 26, 2013 xss Action Item for the City Council Meeting of March 19, 2013 DATE: February 26, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ike cctexas.com (361) 826 -3169 Gus Gonzalez, Director of Water Operations gustavo_qo@cctexas.com (361) 826 -1874 Water Treatment Chemicals CAPTION: Motion approving supply agreements with the following companies, for the following amounts for water treatment chemicals in accordance with Bid Invitation No. BI- 0050 -13, based on lowest responsible bid for an estimated annual expenditure of $522,502.00 of which $261,251.00 is budgeted for the remainder of FY 2012 -2013. The terms of the contract will be for one year with options to extend for up to three additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2012 -2013. Mosaic Crop Nutrition Lithia, FL. Hydrofluorosilicic Acid $140,182.00 Grand Total $522,502.00 Polydyne Inc. Riceboro, GA. Liquid Cationic Polymer $382,320.00 PURPOSE: These chemicals are used for the treatment of potable drinking water at the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The options to extend the previous contracts have expired. The City is currently extending the present supply agreements for the above chemicals on a month to month basis. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Water Department 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 $4,260,054.22 $261,251.00 $4,521,305.22 Encumbered / Expended Amount $1,529,090.29 $0 $1,529,090.29 This item $261,251.00 $261,251.00 $522,502.00 BALANCE $274697712.93 $27469 712.93 Fund(s): Water Fund Comments: The $261,251.00 financial impact shown above represents six months of expenditures that will be encumbered through the end of this fiscal year. The remaining $261,251.00 for the last six months of the contract will be requested during the normal FY 2013/2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation M Ln Ln � J Q O U O O W m U 0 z Z Z LLI O 0 Q aL ca Z H 0 o Q m m 3: M ri O � N W lD = N U_ >• L~n Z oc 0 v `—^ 0 a ~ 'L. tA 0 p[ w C7 Z W 0 0 U Q m J LL. _ 0 U 0 Z ~ W 0 v a Ln U J Q Lido c U Y m LL. O Q 3 Z m Ln Z O O J co ~ 0 O N I f7 Q. i y N LL. O CL r_ O M ~ 00 Z �o J Q H � � 0 � ° m 0 Z O O O O t/)- O O O N c-I • i O O O N M N O M O O 0 00 r_ O O O J Q N 00 Z LL. 0. l4 0 � m 0 U +� 0 Z L7 J M H O C Z �t ~ Z Z z � 0 H 0 H � n � N cr N N M v LQ � ai v E U O O a W 0 O U C ++ � U E i7ibl 1 DATE: February 26, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 26, 2013 Action Item for the City Council Meeting of March 19, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikebQcctex as.com 361- 826 -3169 Jim Davis, Director of General Services ji cctexas.com 361- 826 -1909 Robert Rocha, Fire Chief rroca cctexas.co 361- 826 -3932 Wrecker Service CAPTION: Motion approving a service agreement with Apollo Towing, of Corpus Christi, Texas for wrecker service for City owned vehicles in accordance with Bid Invitation No. BI- 0060 -13 based on only bid for an estimated twelve month expenditure of $93,852.50 of which $39,105.21 is required for the remainder of FY 2012 -2013. The term of the agreement will 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 his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2012- 2013. PURPOSE: This contract will establish towing service for City owned category 1 and 2 type vehicles. These type vehicles are the smaller units in the fleet and consist of motorcycles, sedans, pickup trucks, utility trucks, vans and small dump trucks. BACKGROUND AND FINDINGS: The wrecker contractor is required to be on call 24 hours per day, 7 days a week, to tow and provide related services for City owned vehicles. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: Not Applicable. 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. DEPARTMENTALCLEARANCES: Maintenance Services and Fire Department 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 $871,500.00 $54,747.29 $926,247.29 Encumbered / Expended Amount $398,674.96 $398,674.96 This item $39,105.21 $54,747.29 $93,852.50 BALANCE $433,719.83 $433,719.83 Fund(s): Maintenance Services and Fire Department Comments: The $39,105.21 financial impact shown above represents five months of expenditures that will be encumbered through the end of this fiscal year. The remaining $54,747.29 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. City of Corpus Christi Bid Tabulation Purchasing Division Bid Invitation No. BI- 0060 -13 Senior Buyer: Gabriel Maldonado Wrecker Service for Group 1 Council Date: February 26, 2013 of City Owned Vehicles & Equipment Apollo Towing Corpus Christi, TX Description Qty Unit Unit Price Total Towing Services Category 1 - Vehicles up to 9,000 GVWR (Sedans, Motorcycles, Pick -up Trucks) Zone 1 763 Tow $65.00 $49,595.00 Zone 2 46 Tow 65.00 2,990.00 Zone 3 107 Tow 67.50 7,222.50 Category 2 - Vehicles 9,001 GVWR thru 19,000 GVWR (Utility Trucks, Vans and Small Dump Trucks) Zone 1 101 Tow 100.00 10,100.00 Zone 2 4 Tow 100.00 400.00 Zone 3 22 Tow 110.00 2,420.00 Additional Services Jump Starts -Group I Zone 1 2 Each 50.00 100.00 Zone 2 3 Each 50.00 150.00 Zone 3 2 Each 50.00 100.00 Police Flats - Group I Zone 1 315 Each 55.00 17,325.00 Zone 2 10 Each 55.00 550.00 Zone 3 35 Each 55.00 1,925.00 Mud Pulls - Group I Category 1 6 Each 100.00 600.00 Category 2 3 Each 125.00 375.00 Total $93,852.50 Zone 1 - 6 mile radius from the Service Center Zone 2 - 6 mile to 10.5 mile radius from the Service Center Zone 3 - 10.5 miles to City limit boundry from the Service Center aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of February 26, 2013 ss Action Item for the City Council Meeting of March 19, 2013 DATE: February 20, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com, (361) 826 -3464 Execute Amendments to Professional Services Contract Bayfront Development, Phase 3 Bond Issue 2008 CAPTION: Resolution approving and adopting the Corpus Christi Destination Bayfront Master Implementation Plan and Schematic Design, including the phasing plan outlined in the Schematic Design, prepared by Hargreaves Associates (the Project); directing staff to add a bond proposition for construction in the November 5, 2013 Election; authorizing the City Manager or designee to execute a contract amendment for $1,936,300.00 with Hargreaves Associates for design development of the Project; and authorizing the City Manager or designee to execute a contract amendment for $102,500.00 with Rock Engineering &Testing Laboratory for testing for the Project. (BOND ISSUE 2008) PURPOSE: The purpose of this Agenda Item is to execute an amendment to a contract for Professional Services with Hargreaves Associates, Inc. and to execute an amendment to a Testing Agreement with Rock Engineering for Bayfront Development, Phase 3 so design documents may be developed. BACKGROUND AND FINDINGS: Hargreaves Associates, Inc. (Hargreaves) was selected for this project as a result of RFQ No. 2011 -04 Bond Issue 2008. The Master Implementation Planning and Phasing contract was approved by Council on December 13, 2011. The contract provided required planning, architectural, and engineering services to develop park and recreational facilities along Shoreline Boulevard. To allow the development of the Destination Bayfront Park, Shoreline Boulevard Realignment Phase 3 was approved by voters as part of the 2008 Bond Election. Under this project, the northbound traffic lanes will be realigned to become adjacent to the southbound lanes thereby creating a large green space along Shoreline Boulevard from Furman Avenue to Coopers Alley. The design of this realignment is underway and construction is scheduled to start by the end of July 2014. The Master Implementation Plan and the Schematic Design have been completed by Hargreaves and were presented to Council during the workshop help on February 19, 2013. This contract will authorize Hargreaves to proceed with the next phase of the project, the Design Development phase; Hargreaves will provide design development documents for the entire Destination Bayfront site. Services to be provided Include surveying, civil and structural and electrical design for the entire site, landscaping, water feature design, lighting design and signage strategy for the entire site, architectural, structural, mechanical, electrical, and plumbing for buildings Public Art: design of site integrated artwork up to $700,000 in value (per City's 1.25% requirement). The design team will work with the client group to select an artist. ALTERNATIVES: 1. Execute the amendments as proposed. 2. Do not execute the amendments. OTHER CONSIDERATIONS: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 7, Bayfront Master Plan. CONFORMITY TO CITY POLICY: These amendments comply with the Professional Procurement Act and City Policy. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,727,800.00 $3,746,200.00 $8,798,800.00 $15,272,800.00 Encumbered /Expended $2,727,800.00 $2,727,800.00 Amount This item (Hargreaves) $1,936,300.00 $1,936,300.00 This item (Rock Engineering) $102,500.00 $102,500.00 Future Anticipated Expenditures This Project $1,707,400.00 $8,798,800.00 $10,506,200.00 BALANCE $0.00 $0.00 Fund(s): Bayfront Development CIP 2008 Street CIP Sequence #4 Comments: RECOMMENDATION: City Staff recommends the approval of amendments. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Amendment - Hargreaves PROJECT BUDGET Bayfront Development Phase 3 Project No. 6511 Future Item February 26, 2013 Action Item March 19, 2013 FUNDS AVAILABLE: Street CIP ............................................................ ............................... $13,000,000.00 Storm Water CIP .................................................... ............................... $1,150,000.00 Water CIP ............................................................. ............................... $674,400.00 Wastewater CIP ..................................................... ............................... $159,600.00 Total ..................................................................... ............................... $14,984,000.00 FUNDS REQUIRED: Shoreline Boulevard Construction 5,609,250.00 Contingencies ( 10%) ................................................ ............................... 560,925.00 Consultant Fees Consultant (Hargreaves Associates)* .......................... ............................... $1,600,592.50 Consultant (Hargreaves Associates, Amendment No. 9) ............................ 1,936,300.00 Consultant (HDR, Inc.)** .......................................... ............................... 1,259,776.70 Geotechnical Testing Services (Rock Engineering) ........ ............................... 10,290.00 Geotechnical Testing Services (Rock Engineering) (Park) ......................... 102,500.00 Geotechnical & Construction Materials Testing (Road) 105,555.00 Reimbursements Contract Administration (Contract Preparation/ Award /Ad min) ......................... $154,254.38 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt ) ............................. 196,323.75 Construction Observation Services ............................. ............................... 196,323.75 Finance Reimbursements ......................................... ............................... 70,115.63 Misc. (Printing, Advertising, etc.) ................................ ............................... 28,046.25 Total .................................................................... ............................... $11,830,252.95 Estimated Project Budget Balance ............................. ............................... *Original Agreement authorized by City Council on December 13, 2011, M2011 -292 * *Original Agreement approved administratively on July 19, 2009 and Amendment No City Council on May 18, 2012, M2010 -115 K: \Engineering DataExchange \Lynda \LEGISTAR\FY 13 \2 -Feb 26\Bayfront Phase 3 \Project Budget - Bayfront Phase 3 $3,153,747.05 1 approved by AMENDMENT NO.9 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY ", and Hargreaves Associates, hereinafter called "CONSULTANT ", agree to the following amendment to the Contract for Professional Services for Ba front DeXE! ment Plan Phase 3 (Project No. 6511) as authorized and administratively amended by: Original A/E Agreement December 13, 2011 Motion No. M2011- 292 $1,315,137.50 Amendment No. 1 September 28, 2012 Administrative Approval $26,570.00 Amendment No. 2 October 24, 2012 Administrative Approval $16,440.00 Amendment No. 3 November 7, 2012 Administrative Approval $48,890.00 Amendment No. 4 November 14, 2012 Administrative Approval $49,100.00 Amendment No. 5 December 4, 2012 Administrative Approval $39,650,00 Amendment No. 6 December 27, 2012 Administrative Approval $45,720.00 Amendment No. 7 January 16, 2013 Administrative Approval $25,805.00 Amendment No. 8 January 31, 2013 Administrative Approval $33,280.00 In the original contract, EXHIBIT "A ", SCOPE OF SERVICES, DESIGN DEVELOPMENT shall be amended to include additional services as shown on the attached Amendment No. 9, Exhibit "A ". In the original contract, EXHIBIT I'D", SUMMARY OF FEES shall be amended as described in the attached Amendment No. 9, Exhibit "A" for a revised fee not to exceed $1,936,300.00 (One Million Nine Hundred Thirty Six Thousand Three Hundred Dollars and Zero Cents), for a total restated fee not to exceed $3,536,892.50 (Three Million Five Hundred Thirty Six Thousand Eight Hundred Ninety Two Dollars and Fifty Cents). Invoices to be submitted monthly in accordance with Exhibit "C". All other terms and conditions of the Contract and Amendments between the City and Consultant will remain in full force and effect. CITY OF CORPUS CHRISTI Oscar R. Martinez Assistant City Manager RECOMMENDED Date Q"QQL-Q-- Daniel Biles, P.E. Date Director of Engineering is el Morris Date Director of Parks and Recreation HARGREAVES ASSOCIATES ti/13f �P/3 Mary Kargay6t Jones Date President 970 Tennessee Street San Francisco, CA 94107 (415) 865 -1811 Office (415) 865 -1810 Fax K %Engineering DalaExchangeSClarissaJ %Parks56511 - Bayfront Development Plan Phase 34Amendment No. ME AGREEMENT.docx ENTERED FEB 0 4 2013 CONTRACT MANAGER5�ry� v�� APPROVED AS TO FORM Office of Management and Budget Date ATTEST Armando Chapa, City Secretary Date Project Number 6511 Funding Source: 550950 -3126- 00000 - 170678 Fund Name: Bayfront Development 09 GO C1- Encumbrance Number: K lEngineoring DalaExchangelClarissaJlParks1B511 - Bayfront Development Plan Phase Mmendment No. 91AE AGREEMENT.doex DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK 12/21/2012 Lead Consultant Professional Services for DESTINATION BAYFRONT Background The City and the Destination Bayfront Executive Committee have approved the Concept and Schematic Design for the Destination Bayfront project, which includes the following primary areas: Promenade and Beach Ramp / Terraces, Explorational Play Area, Family Area, Zocalo, Pier, Marina Basin Improvements, Parking Plaza South, Great Lawn, Parking Plaza North, and Sherrill Park. As the next step in the design process, Hargreaves Associates ( "the Architect ") will provide design development documents for the entire Destination Bayfront site. Hargreaves Associates will also provide field studies as described below, and will lead the coastal permit application process for the project. A. Anticipated Design Expertise includes professional services listed below. Hargreaves Associates will lead the Design Team and Client interface, and will retain and direct the services of registered professional consultants for all services other than landscape architecture. 1. Topographic Survey 2. Landscape Architecture for entire site 3. Soil Science (specifications) for planting and load bearing soils 4. Irrigation for entire site 5. Water f=eature design and engineering for 2 water features 6. Lighting Design for entire site 7. Signage Strategy for entire site. Signage design to occur in future phases. 8. Civil engineering for entire site. 9. Structural Engineering for entire site and relevant assessment of existing structures as needed for construction. 10. Electrical Engineering for entire site 11. Architecture for 15 shade structures, beach cafe, park arrival / office building, 3 restrooms, 1 changing shelter, and 17 retail /vending shops. Architecture is modular and includes repeating components. 12. Structural, Mechanical, Electrical, and Plumbing for buildings listed above 13.. Assessment of LEED or Sustainable Sites certification (level of effort, associated cost, feasibility, project goals), and advancement of selected sustainable opportunities. Destination Bayfront Corpus Christi, Texas CDB 1101 12/21/2012 EXHIBIT "A" Page I of 4 } DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK 12/21/2012 14. Public Art: design of site integrated artwork up to $700,000 in value (per City's 1.25% requirement). The design team will work with the client group to select an artist. 15. Cost Estimating and Phasing Plan Refinement for entire site 16. O &M budgets and consulting. 17. Presentations & Meetings with Destination Bayfront Advisory Group, Stakeholders, and City Staff: Hargreaves Associates will lead all primary client group meetings, and will involve key consultant team members as appropriate. Hargreaves Associates may authorize consultants to lead small working group meetings as appropriate. 18. Team and Project Management: team coordination, meeting agendas and meeting notes for primary client group meetings, and project schedule (including milestones for key City and Public communication). Schedule assumes weekly calls with City Project Manager and monthly calls with Destination Bayfront Executive Committee B. Hargreaves Associates does not assume responsibility for the work of others not under contract to Hargreaves Associates in the production of construction documents and the sufficiency thereof necessary to the execution of the work. PROCEDURE Task A: Design Development Duration: 6.5 monthsfollowing authorization to proceed Hargreaves Associates shall provide design development phase services per the Primary Agreement executed on Dec. 13, 2011. Deliverables: • 50% Design Development Drawings, Outline Specifications and Cost Estimate • 100% Design Development Drawings, Draft Specifications and Cost Estimate • Updated O &M budgets or consulting at 50% and 100% DD • Graphic presentations at 50% and 100% DD to convey design development • Narrative project descriptions, graphics, and cost estimates to help the city secure supplemental funding for Type A and MPO projects Trips and Meetings Trip and meeting schedule to be determined, but assumes three 3- person trips of up to two working days each in Corpus Christi: • Destination Bayfront Executive Committee Meeting #1: Presentation of 50% Design Development • City Staff and Department Meetings • One trip to include a final Public Presentation Trip and meeting schedule also assumes two 2- person trips of one working day each in Corpus Christi. Destination Bayfront Corpus Christi, Texas EXHIBI:"A" CDB 1101 12/21/2012 Page 2 4 DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK 12/21/2012 • Consultant Team Coordination • Agency Meetings ADDITIONAL SERVICES A. The following Additional Services shall be provided on a time and materials basis using consultants' current rate schedules. Hargreaves Associates includes a 5% fee for all sub consultant management and coordination. B. Additional Services include but are not limited to: 1. Coastal Permitting including USACE meetings, preliminary fieldwork and preparation of separate documents towards permitting effort. 2. Stormwater quality management and technical documents for work beyond the site. 3. Master Planning Reports /Document Preparation /Publishing not identified in the included scope of work. 4. Additional Professional Services/ Sub - Consultants such as Financial Consulting and Public Outreach. 5, 3D Presentation Models, Professional Physical Models, Additional Presentation Graphics (Renderings) or Fundraising Materials 6. Changes and Additions to approved Site Features. 7. Revisions and changes due to incorrect survey or geotechnical information provided by the Client. 8. Expenses incurred in the interruption and resumption of Hargreaves Associates' services, upon resumption of services, if the project is suspended by the Client for more than 30 consecutive days. 9. Work extending past the duration described in the Agreement. 10. Additional trips beyond those listed in the Agreement. 11. Phased Document Sets 12. Construction Documents and Services during Bid and Construction. EXCLUSIONS TO SCOPE OF SERVICES Client shall provide the following information or services as required for performance of the work. Hargreaves Associates assumes no responsibility for the accuracy of such information Destination Bayfront Corpus Christi, Texas CDB 1101 12/21/2012 EXHIBIT "A" Page 3 of 4 DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK 12/21 /2012 or services and shall not be liable for error or omissions therein. Should Hargreaves Associates be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. A. Geotechnical report. B. Environmental soils testing and remediation. C. Legal descriptions of property. D. Overhead aerial photographs at controlled scale. E. Assessment of existing site engineering other than that necessary for new construction. F. Permitting Related Scope: 1. Detailed negotiations, requests for supporting information or investigations beyond information typically provided in a standard permit application while agencies review applications, Memoranda of Agreements (MOA) regarding cultural resources, permit fees. 2. Investigations to support an environmental impact statement, phase II environmental assessments, phase Il archeological assessments, underwater / aquatic resource assessments, underground utilities not visible by surface appurtenances or by One Call paint markings, right -of -way surveys, property appraisals, relocation assessments. G. Securing funding or grant writing. DEVELOPMENT BUDGETS A. Upon signing of the Agreement, a proposed development budget for all items of work under the Scope of Services shall be established and approved in writing. This proposal assumes that the total construction budget is $52,000,000, per reduced cost revisions to the100% Schematic Design cost estimate. FEES AND TERMS Services described above shall be provided for the fixed sum of US $1,828,413 in accordance with the terms and conditions of the Prime Contract which is incorporated and made part of this Agreement by reference. Reimbursable expenses will not exceed US $107,887 without further authorization. EN D OF PROPOSAL Destination Bayfront Corpus Christi, Texas CDB 1101 12/21/2012 EXHIBIT "A" Page 4 of 4 EXHIBIT "B" Page 1 of 3 $08$8 00088$ 0 °° °° °°g °o °°$$$ °0,$ °° 0880 °0 °0 O N N N N tl N Vu�i N N iNn t/1 V~i Vii m N 7-- m N N �- ~ vni H h V �! 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E E .21 vl F= ~ & a oc L wl H pc 3 BXHIBIT "B" Page 2 of 3 a� N Q > E a a ri ri Q N \ r-I rrH Q \ N ci EXHIBIT "B" Page 3 of 3 0 ° O 0 0 Ln ° °a -' w U) 0() ono oo m (n 00 0 co V� « °1 0000000 0 z 0 00 °o Z BOO ono n lD o0 M M G1 N' Ln r� LD t0 w V), "q Ol C1 a ri 00 00 °o o � CC Z 00 vO} -° V). Ln Lu J G N L 00 VF OW F a 0 0 o c n a z wl ci Z �' tW p� M rig H O) LL � C 0) E E *y Y < 4J d C 4� c f4 EaE z O O CL Gl E ° m O IA 50 c V tw 0 C � L w z LF) d a to o a to w F H H i-7 a� N Q > E a a ri ri Q N \ r-I rrH Q \ N ci EXHIBIT "B" Page 3 of 3 0 0 T o 0 0 cpi N D O O U') 0 CC) 0 C:) LO LO C4 C\f Q d d LO L Q t" `0/ 69 °° q* to to ") 40), 4A. A- 0 6cp m M awe 0 PT 0 0 0 !!aa V 0 0 Vi 0 T cU v a= � m ti� (n a. co C •- o N ° 69 N N �9 N u � C14 1' r; CD 0 0 C, V. N O 61)- 0 o a N Q? Z Q `� 0 z ° T ° a a� as N c�a c air vivo o 'o � �m � o� �,� a � = o' a �� -@ LL = r (D00o000 rn 0 z q 0 o ai m o m ro E � Q 'N w Exhibit "C' ma0FnW0co Q Qa.3Sam0cUnin i r CO ° ( ° o CT-- UD�- N rte- LO V64 64 0 0 T o 0 0 cpi N D O O U') 0 CC) 0 C:) LO LO C4 C\f Q d d LO L Q t" `0/ 69 °° q* to to ") 40), 4A. A- 0 6cp m M awe N cU v LL (n (� N a N � O V. LL N ° `� z T ° a a� as N c�a c air CL �m � o� �,� Q �� -@ LL rn ¢ q 0 o ai m o a ro °' � Q 'N w Exhibit "C' ma0FnW0co Qa.3Sam0cUnin v)m¢�°. page 1of9 ICYT 5t-t'1'1.,11TNtlMBER ro r3]�eiS��rs.rJ) 111,t7� .._..._ t't.iRC HASIN- DIVISION t iiy (,Ff �<l. "1'� 01' CORPUS C;HRIs•.I "I cnrish DISCLOSURE Off' INTEREST C..hr'tsti city of corpl15 Christi Ordinance .1 f 1 12, as a1.1]6ndccL rc(ltlrt °C's ill] pL'r ollg ()I' fi1n15 sLddli' lo do bkjj, T7eSS with the City to provide t11e folloti +ing information. ls�c]'Y question must tat: answered. 11,ille Cluesti0li is 11ot applicable, arlswer rvitli `? A". See reverse sick or Fi.linu IZcgtrirc.rt.iellts, Certificat:ic�ris and tlriiil.itiUlls. COMPANY N''. AMf: 11a)-91'calles Asmci rtes STREET ADDRESS: 970 Temlessee S coil CI' N". San Francisco CA ZIP: 94 1:07 FIRM 15: 1, Corporatioll :'. Pauller•wfrip < —J Sole Owner El 4. Association S. 1)ISCAA)SURE QC;ES'1 IONS If additional space Is accessary. please lrsc tile. reverse side of t11is M!'Ic or :lttttclr scparate shoot. 1, state the nt1r11es of each ` nlpiovtm- of the C'itV of Corpus �Aii-kli htl--ing an "orvnorship illtr rr 3t" conslituting _ % or morc elf tlic 0\ «Ilcrship in the above ri.ailled "lirrll," Name 30b ]"Me and City Department (if known) 1 Slate the names of each "official" of, the Cky ol, Corpus Christi 11,1\'in_ an -Mvilership interest" e.cllistitutint 3% or more oi'.thc. ownership in ih.e allovc na111ccl Name -1•idc 3. Starc the names ofeac:h "board mcmher" of tllc City of C "orptls Christi Ilavin an "ownership irlicrest„ consti.tuting 3 °,, or more o.f t.lie ill the t111(� e rl,lllrecl '`lirm Manic BoarcL C'l }Inm15S1011 or C:un1111ittae I. State Ole naptcs of catch C111ployce or officer of a "corrslthtnit" kv,til citi, of Corpus Christi �vho Worked oil any matt:cr related to the subject of this colatrttct. a.ncl 11i1s an "m1°nrrrshill iatesresm" constituting. 3 °% or nlo.re of the ownership in. ills aliole nanlc d ``frrtn." N,ltlle C onstrltarlt EXHIBIT "D" Pa a 1. of 2 1f I1ANG R1,-Q U I R1, N,11 I N i'4 If Pelson "who raluests official fawion Coll al ruaitter kiloxys Milt the ro {uegled action will coilfe.r tail ccoiloillic: benefit oil any City Official at cili� lo)ec that is distinu�uishable from the effect that tile aet.ir tl ivi.li -hare on inoinbe n ol,dw publie in qgenera car a substantial segment thereof, you shall disclose that Islet In a Maud �1Tlling to the CAN, off ]Qi li., ernployee or body that has been requested to act in the lvauel-. allle55 the illle'eSt of the i�it)r oftiC:ial of onf31i1he Ill Ilse nl iUer 15 apllill'Cnt_ Ile (I wkswe AuH al o laC nlWe in a signed wi ting tiled �i hh Me. City .'e6va y, R dries Ordinance Section 2 -:349 (d)) Ck;R fFJC'AnoN -- f.CerdiV Ill'it till information provided is true and CMTMC M of the date of Tk Statelnm% that 1 helve not ImpHy llY113wi M"Wield d1sC105tt1'C of am, information.regUeMed: i)d Mat. su.pplernatM stawmems kvill be. subinhwd to the Chy of Nju.s C uisri, Texas as changes occur. Ceitif�ing.l'crsQal: � t'!� ;ril f`illc: ( '� ,61 f ` 5i1 nlltlli c. of C:ertii'S iul; Date. s' DEFIN111ONO a. "Board inallber." A inelllber of any board, conuiissiou. or coninlitlec appointed by the CJt1 Council of the City of Corpus C'hrisl -i, Texas, 17. "17kononlic henefit". An a moil that is lil:Ea�, to affect ail econorrlic rnlorest if it is likely to halve aan efl:cct On St inWIVSt that is distQWshable front i1s effect can .nleinbers of thie public in general ot` a silbswill.ial seguient th.ereol. c. "} nlployee." Any pergon employed by the City of Corpus Christi. Texas either oil a full 01' palit tittle basis, but not as an independent contrac-tor. r1. '; irnl." Any entity operated for economic will. whether professinll €il, industrial or coinnierciai, alllcl w1lether e:sulblislaud to producr. or deal with a prodncl or jaj,vij;e, naCludin but ]lot lilnitCd to, enti(jec, operated in We form of sde Prciprietor liip. as sdAmriployod pemon, partnership, corporallion, .bout. stock compalf, jaunt venture, receivership or trust, and endtic:; Vvilieh for purposes of taxation are treated as non- profil organizations- a "Clfticiil ? The Tvlayor, ine.inbas of the City Councii, Ci1y -Innager, Deputy City .Manager, Assistant City kJanagers, Depn-Cn era and INvidon 1 leads, and m unicipal Coul't.ludLws Of tile City of Corpus Christi, ":fexals. "Ownershiplrlterest." legal or e(Juilable interest. wl).ether actutilly or constructively held, in a firm. including when such interest is held through an agell.1, trust, estate, or holding entity, "Constructively held" refers to holdings or control established through voting tl-tlsts, proxies, or special terills of \ irrlturo Or partil.ership. agI-celliell "Consultant " Amy pemon or firm. Such as ongincers and aec}litectS, hired by the City of Corptis Christi for the purpose of prolzional consultation and 3- eleolnnlendatioil. =ue 2 AMENDMENT NO.2 TO AGREEMENT For Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ( "CITY "), acting through its duly authorized City Manager or designee ( "City Engineer "), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ( "LAB "), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: Original Testing Agreement February 8, 2011 1 Administrative Approval $6,890.00 Amendment No. 1 In progress I Administrative Approval $3,400.00 1. DECLARATIONS: City's project, described as ( "PROJECT "). "CITY" desires to engage "LAB" to provide services in connection with follows: Bayfront Development Plan, Phase 3 (Protect No. 6511) 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 ". Monthly invoices will be submitted in accordance with Exhibit "B" 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A ", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $102.500.00 (One Hundred Two Thousand Five Hundred Dollars and Zero Cents) for a total restated fee not to exceed $112,790.00 ( One Hundred Twelve Thousand Seven Hundred Ninetv Dollars and Zero Cents). CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY Daniel Biles, P.E. (Date) Director of Engineering Services RECOMMENDED Mic el Worris (Date) Director of Parks and Recreation APPROVED AS TO FORM Office of Mgmt and Budget (Date) ATTEST Armando Chapa, City Secretary (Date) AP Wl a- Curtis A. Rock (Date) Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361) 883 -4555 Office (361) 883 -4711 Fax Project Number: 6511 Funding Source: 550920 -3126- 00000- 170678 Fund Name: Bayfront Development 09 GO CIP Encumbrance Number: ENTERED FEB 04 2013 CONTRACT MANAGERS K:lEngineering DataExahangeLClarissaJlParks16511 - Bayfront Development Plan Phase 31Tesling Agreement Amendment No. 2 - Rock EngineeringlTE.STING AGRF.E.MP.NT - Amendment No. i.docx ti October 23, 2012 Hargreaves Associates 398 Kansas Street San Francisco, California 94143 .Attention: Mr. Erik Hanson 1, • GEOTECHNICAL ENGINEERING, • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS • ASPHALT r CONCRETE SUBJECT: PROPOSAL TO PE1kFO104 A SIJBSUR ACE INVESTIGATION AND 1,ABORATORY TESTING PROGRAM AND PROVIDE FOUNDATION AND PAVEMENT .RECOMMENDATIONS FOR THE PROPOSER DESTINATION BAYFRONI' South Shoreline boulevard Corpus Christi, Texas RETL Pro oosal Number: P100212A fRevision No, I Dear Mr. Hanson, Rock Engineering and "£esting Laboratory, Inc. (RE`11) (I'BPE Finn No, 2101) is pleased to submit the following proposal to perform a subsurface investigation and laboratory testing program and provide foundation and pavement recommendations for the proposed Destination Bayfront project to he constructed near South Shoreline Boulevard located in Corpus Christi, Texas. Based on the information provided to RE,11, the project will include the construction of a new bayfront recreational area along the existing seawall and marina. The project scope is based on the information provided in the 100% Schematic Design Key flan dated October 19, 2412. The proposed bayfront will include upgrades and reconstruction of the existing seawall, addition of multiple restaurants, retail buildings and entertainment structures, upgrades to the existing Sherrill Park and dredging of the existing marina basin. The proposed buildings and structures are expected to have cave heights of approximately 18 -feet and utilize wooden timber pile foundations. The dredging depth of the marina is unknown at this ti one. A pier approximately 60 -feet in width by 250 -feet in length will also be constructed near the existing leach and bulkhead, The pier is expected to include multiple retail buildings and shade canopies. Sheet piling will be utilized for stabilization of the existing beach along the proposed pier. Additionally, parking and drive areas will be constructed to facilitate mainly passenger vehicles and light trucks. Light poles and sitting areas will also be constructed throughout the site. It is understood that existing structures and pavements will be demolished and removed from the project site. The proposed structures and parking and drive areas may be constructed within the vicinity of the demolished structures. ROCK ENGINEERING & TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS 78409 OFFICE: (361) 883 -4555 • FAX: (361) 883 -4711 • www.rocklesting.coin EXHIBIT "A" Page 1 of 4 y Paze2of4 October 23, 2012 Attn: Mr. Eric Hioso €€ PROPOSED DESTINATION DAYI <IZONT Sa,:tla Shoreline Boulevard, Corpus C`_hl-isti;'1,exas RETL Proposal No.: P 100212A (R4evi Sion No. 1) Based on the project description provided above and RETL's experience with soils in the vicirxity of the project; RETL proposes the following scope of work: The boring depth for the Building Footprint /Landward Structures was detennined rasing previous experience with soils in the area. Marina basin boring depth was determined on the assumption that the marina would be dredged to a depth of 10 -feet. The scope of work is outlined below. ScoDe of the .mused Subsurface Investigation Q RETL requests that the boring location is staked in the field prier to the field investigation or sa site plan is provided to R -ETL showing; they proposed structure in reference to existierg preftninate; site features to aid RETL in locating the boring in the field, * Coordination with Texas One Call will be performed by RETL to identify underground utilities in tl-re proximity of the boring locations. The borings will be relocated if necessary. The client shall perform due diligence to assure RETL that the boring locations are accessible and clear of obstructions, such as fences, shrubs and trees. The borings will be relocated if necessary. A truck mounted drilling rig will be utilized to access the boring locations. n Soil sarrrple~s will be obtained at predetermined depths, unless subsurface conditions warrnnt additional satnpling. The borings will be advanced to the depths specified above, Disturbed soil samples will be obtained employing split - barrel sampling procedures in general accordance with the procedures for "Penetration enetration Test rand ,5phf --B arr•el Sampling vf' Soils, (As"I'M D1586)." Undisturbed soil samples will be obtained Lasing thin-wall tube sampling procedures in accordance with "Thin Winged Tube &mpling gfSoils, (ASTM DI 587)." The shear strength of cohesive soils will be estimated using a hand penetrometer. Q Standard penetration tests (SI'T) will be recorded in granular soils. ® Sampling and testing at the marina basin will be performed in water depths of approximately 2 to 7- feet. a The marine borings will be extended to the depths specified above below the water surface at the tinic of the fold investigation or upon refusal of the soil sampling device. 9 HTL will provide a 3 -man crew and born to perform the proposed marine borings. 0 RETL will perform limited soil sample collection by means of a sediment sampler at each marine boring location. ROCK ENGINFERING & Tr STING' LABORATORY, INC,. 6817 L OPARD STREET o CORPL S CHRISTI, TEXAS 784119 OFFICE: (361) 883 -4555 * FAX. (361) 983-4711 D wwwxocktesting.com EXHIBIT "A" Page 2 of 4 f } Page 3 of 4 Octobor 23, 2012 Attn: Mr. Eric Hatison PROPOSED DESTINATION RAYFRONT Soutli Shoreline Boulevard; Corpus Christi, Texas RETL Proposal No.: P100212A (Revision No. 1) GPS coordimtes, obtained in the field at all sample locations, will be recorded using a corntilercially available Garmin handheld OPS model Etrex Venture using NAD 83 reap datum. Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. After obtaining the delayed groundwater readings, the open boreholes will be backflled with excess soils obtained during the drilling operations and patched with asphalt cold patch inix or eueocrete, where applicable. Scone of LaboratoU Testing Pro grain Supplementary Visual Classification (ASTM 1:32487) Water Content 'Pests (ASTM D2216) Atterberg Limits 'Pests (ASTM D4318) Unconfined Cotnpressive Strength "Pests (ASTM D2166) Percent Material liner Than The 4200 Sieve Tests (ASTM D 1140) • Grain Size Distribution /Particle Size; Analysis of Soils (ASTM D422) All pisses of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test Yesults will be included oil the boring lags or provided ill the report. Projected Schedule After authorization, it is estimated that the drilling operations can be completed within 12 to 15 days and the final report will be submitted within four weeks of the completed fieldwork. l2ET1. will consult with the engineers as field and laboratory test results become available. Geotechnical Err incerh , Report h! addition to the field and laboratory testing, a geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering propertics of the subsurface materials. encountered and foundation and pavement recommendations. The report will include iten-is indicated in the memo titled Destination Bayfront Request for Geotechnical Information provided by Mr. Larry Rickels, P.E., representing Datum Engineers, Inc. Fees and Limitations The total fee to perform the scope of work outlined above is $102,500.00. Additional drilling, if required due to the subsurface soil conditions encountered, will be performed at a rate of $75.00 per linear foot of drilling, Services provided by R_ETL under this Agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members. of the same pi:ofession currently practicing tinder similar circumstailces. MUCK. ENGINEERING & TESTING LABORATORY, INC. 6817 LLO1'ARD STREET * CORPUS CHRiST1,'1TFXAS 78409 COFFEE (36 1) 883 -4555 o FAX: (361) 883 -4711 9 www.i-ock#estiiig.com EXHIBIT "A" Page 3 of 4 Page 4 of 4 October 23, 2012 Attn: Mr. Eric Hinson i PROPOSED DESTINA'T'ION BAYFRONT South Shoreline Boulevard; Corpus Christi, 'Texas REM, Proposal No.: P 100212 (Revision No. 1) The Client shall provide for RETL's right to enter the property owned by the Client and /or others and assure that the boring locations are clear of underground utilities and accessible to drilling equipment in order for RETL to fulfill the Scope of Services included hereunder. The Parties to this agreement agree that if any claim is made that RETL failed to comply with any t€ nn of this agreement or that it failed to perform its work and/or duties under this agreement property, the client, upon proof that there was some failure to comply or some mistake in the performance of the work, shall not be entitled to recover any sung greater than the amount paid by the client to RETL for the service performed by RETL or $25,000.00 whichever is less. In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless RETL, his or her officers, directors, employees, agents and sub consultants from and against all damage, liability or cost, including reasonable. attorneys' fees and defense costs, arising out of or in any way connected with this project or the perfornlancC. by any of the above named parties of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of RETL, Either the Client or RETL may terminate this Agreement at any time with or without cause upon giving the other party 10- calendar clays prior written notice, The Client shall within 10 calendar days of termination pay RETL for all services rendered and al] costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. Closin If you are in agreement with our proposed scope of work., please authorize us to proceed by signing in the space below and returning one copy to us. Thank you for your consideration of our firm to assist you with this project. If you have any questions, or comments, please call at (361) 853 - 4555. Sincerely, ACCEPTED AND APPROVED Print Nathan Ruckstuhl, EIT _ _ _....,__.._... Geotechnical Project Manager Date For payment of sorvices, invoice to: Firm: Attn: Address: 'Title: City; _ State: Zip (ode: Pho: .Pax: E-mail _.._....... �� Itt'.iCK ENCINURING & "1"11•STING LARORA`I ORY, INC. 68 i 7 LEOPARD S°1 REF1 lo CORPUS C HRIS 11, 1MAS 79409 OF ICE: (361) 883 -4555 & FAX. (361) 883 -471.1 o wwvv.roclaesfing.corrt EXHIBIT "Aly Page 4 of 4 r , � r m c O p 0 O 000 D � 1.01 l0 O O 0 0 O LO Qf ol 0 a0 ' U � T M E o 0 LL a) G1 0 voi ti co I L �� oo ���}y cl c 0 c c {n N 010 Q) m a °o CO - � ~ U 6- a a o o ❑❑ IL L N Gi m o a N a c N a 61). a a a 0 EZZp m c m c O C) 0 Q 000 R 00 O 1.01 l0 O O 0 C O a o ol 0 a0 ' U T M a� o 0 LL a) voi ti co I L �� oo ���}y to M Q) = 0 c c {n N Q) m N CO - � ~ U 6- a a o o ❑❑ IL L N Gi m o a N a c N a 61). a a a 0 EZZp CL 0 Im- c' L o u� 0 0 .D c� Z ¢ �' c� LL E t- > O 0 > T E O Q O O U rn c o a Q (A p 0 a� 0 LO N o O ro ro C o❑ 0 0 O O O Q C'?0 O T-° O. Z �m m °mom U rn a s— .O a a 0 cn cn o�� m o E Q O N F- F- M Q M Op 6i � t= ,r (} rl- T Oo T o co CD 0 T O N T OO M T M T C , N � 6", o 6R O u 64 69 m c m c O C) O 0 1.10 0 O Q R 00 O 1.01 l0 O O M C O a o o 0 a0 Q U fq m o 0 LL a) voi H t��1 I L ���}y to M Q) = {n � Q) m N cn O a a o o ❑❑ m o a N a c _ o .2 i' o as c� i!i c CL Im- c' L o u� °' c� ¢ �' c� LL E t- T L O Q O O U rn c Q p (A p 0 a� 0 LO N o O ro ro as N o❑ °6 U� '0 o ro EExhibit "B" T-° CD �m m °mom U rn a s— a a 0 cn cn o�� m¢ o 1 of 1 Q O N F- F- M r M Op 6i � t= G1 O W W N M M 00 6", % 6R v O O m m 60- 69 4f3 NOWNWOMMMON 11101211 u Mwo N U fq LL a) voi t��1 ���}y to M Q) = {n � Q) m N cn O LL LL N C3 Z , m o m oa N a c _ O .2 i' u) as c� i!i c CL c' o cn °' c� ¢ �' c� LL E L ro O C U rn c C Q (A p 0 a� a o N o o ro ro as N o❑ °6 U� o o ro EExhibit "B" m a❑ m a U rn a s— a a 0 cn cn to m¢ o 1 of 1 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY 77 — PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended; requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered, If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street CITY: Corpus Christi ZIP: 78409 FIRM IS: 1. Corporation X 2. Partnership ❑ 3. Sole Owner 0 El 4. Association 5, Other DISCLOSURE QUESTIONS If additional space is necessary, please use. the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) NIA 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 NIA 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." Nam oard, Commis 'on or Committee 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 I of 2 � s f u Y p 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 o 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: Curtis A. Rock Title: Business Development Manager (Type or Print) Signature of Certifying � � Dater ,� _ l Person: a" 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 T11 Pa e 2 of 2 File : \Mproiect\councilexhibits\exh6511c.d 1 IT) L------------------- 1 1,1u ...... . ..... . . . ...... ... Re t JI0 AY40R . . ... ... .. _60 1.. ......... 6;�ZV ..... . ..... . ... ------------ . .. . ........ ............ I_N 1 con ------------ - --------- sr� .......... ... ........ L J k-A, I` ......... ....... PED ST 13 ............ .... --------------- I ---------- L ...... ...... - - -------- ---------- i 1c o) i i I E" 0 PARID ST ............ .......... I k ... ....... 1co I i i f f /J tiA 4 ST----------- ........... ---_-_.; t Q _.._s C, .. . ....... ----------- .. ...... . ..... �.4 "z ............. 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W . ... ... ... r MAN -gT ... .. . .. ... 1 Jul ........... ... .. ... .... . . .... _j --- ----------- - -- --------- FF D ST 4 I ........... . . .... ------- ------- - ----- ------ VICINITY MAP NOT TO SCALE Destination Bayfront Location Map Im PROJECT SITE 'A q CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of I � FAR • Y�t DATE: TO FROM CAPTION: AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of February 26, 2013 Action Agenda Item for the City Council Meeting of March 19, 2013 February 7, 2013 Ronald L. Olson, City Manager Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Gustavo Gonzalez, P. E., gustavogo@cctexas.com (361) 826 -1874 Director of Water Operations Execute Construction Contract Bore and Case a 16 -Inch Water Adjustment under the east bound On -Ramp for IH 37 at Carbon Plant Road and IH 37 Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Taft, Texas in the amount of $79,575.45 for the Base Bid of Bore and Case a 16 -Inch Water Adjustment under the east bound On -Ramp for IH 37 at Carbon Plant Road and IH 37. PURPOSE: The purpose of this Agenda Item is to execute the construction contract for the bore and case of a 16- Inch water line adjustment under the east bound On -Ramp for IH 37 at Carbon Plant Road and IH 37. BACKGROUND AND FINDINGS: The projects base bid consists of removal and disposal of approximately 76 linear feet of existing 16- inch PVC waterline; grouting approximately 34 linear feet of existing 16 -inch PVC waterline; installation of approximately 105 linear feet of 16 -inch ductile iron waterline; five 45- degree bends; two gate valves; and approximately 66 linear feet of 30 -inch steel casing, of which 49 linear feet will be bored under the feeder road of IH 37 at the intersection of Carbon Plant Road; together with all appurtenances in accordance with the plans, specifications and contract documents. This project is part of the Texas Department of Transportation's (TXDOT) Carbon Plant Direct Connector to the Joe Fulton Corridor project. All costs will be 100% reimbursed by TxDOT. K: \ENGINEERING DATAEXCHANGE \LYNDA \LEGISTAR \FY 13 \2 -FEB 26 \BORE AND CASE \MEMO -BORE AND CASE. DOCX On October 31, 2012, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Clark Pipeline Services, LLC $79 575.45 Taft, Texas 2012 -2013 Jhabores Construction Company, Inc. $95 959.50 Corpus Christi, Texas TOTALS Barcom Construction, Inc. $229,571.68 Corpus Christi, Texas ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's consultant, CH2M Hill, conducted a bid analysis of the three (3) proposals submitted to the City. CH2M Hill determined that the lowest bidder based on the Total Base Bid is Clark Pipeline Services, LLC of Taft, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Clark Pipeline Services, LLC has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria and FY 2012 -2013 Water Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON - EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Water Operations Department FINANCIAL IMPACT: CIP Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $108,500.00 $1,366,500.00 $5,000,000.00 $6,475,000.00 Encumbered / $108,500.00 $0.00 $108,500.00 Expended Amount This item $79,575.45 $79,575.45 Additional Project Exp 122,258.54 122,258.54 BALANCE $0.00 $1,164,666.01 $5,000,000.00 $6,164,666.01 Fund(s): Water CIP #09 K: \ENGINEERING DATAEXCHANGE \LYNDA \LEGISTAR \FY 13 \2 -FEB 26 \BORE AND CASE \MEMO -BORE AND CASE. DOCX Comments: This work, required and fully refundable, by the Texas Department of Transportation was designed under a contract amendment to CH2M Hill in the amount of $28,490. See Project Budget for details. The project requires 20 calendar days, with anticipated completion approximately April 2013. Thus, funding for this contract will only be required during Fiscal Year 2012 -2013. RECOMMENDATION: City staff recommends that the construction contract be awarded to Clark Pipeline Services, LLC of Taft, Texas in the amount of $79,575.45 for the bore and case of a 16 -Inch water line adjustment under the east bound On -Ramp for IH 37 at Carbon Plant Road and IH 37 for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map K: \ENGINEERING DATAEXCHANGE \LYNDA \LEGISTAR \FY 13 \2 -FEB 26 \BORE AND CASE \MEMO -BORE AND CASE. DOCX PROJECT BUDGET BORE AND CASE A 16 -INCH WATER ADJUSTMENT UNDER THE EAST BOUND ON RAMP FOR IH 37 AT CARBON PLANT ROAD AND IH 37 (Project No. E11099) Future Agenda February 26, 2013 Action Agenda March 19, 2013 FUNDS AVAILABLE: WaterCIP .................................................................... ............................... FUNDS REQUIRED: Construction (Clark Pipeline Services, LLC.) Base Bid .......... ............................... Contingencies( 10%) ...................................................... ............................... Consultant Fees: Consultant Design (CH2M Hill) * ....................................... ............................... Construction Materials Testing (Rock Engineering & Testing Laboratory) .................. Reimbursements: Contract Administration (Contract Preparatio n/Awa rd/Ad min) .. ............................... Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ...... ............................... Construction Observation Services .................................... ............................... $6,475,000.00 $79,575.45 7,957.55 213,053.00 1,591.51 2,188.32 2,785.14 2,785.14 Misc. (Printing, Advertising, etc.) ....................................... ............................... 397.88 TOTAL........................................................................ ............................... $310,333.99 BALANCE.................................................................... ............................... $6,164,666.01 * Consultant Design Contract for this segment of work only was awarded on November 17, 2008 to CH2M Hill (administrative approval) in the amount of $28,490. Construction Observation Services is not included in Consultant Design Contract. \Mproject \councilexhibits \exhE1 1099. dwg BORE AND CASE A 16 -INCH WATER ADJUSTMENT CITY COUNCIL EXHIBIT UNDER THE EAST BOUND ON -RAMP FOR CITY OF CORPUS CHRISTI, TEXAS IH 37 AT CARBON PLANT ROAD AND IH 37 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Ga O� H AGENDA MEMORANDUM Future Item for the City Council Meeting of February 26, 2013 NoP ©pE° Action Item for the City Council Meeting of March 19, 2013 1852 DATE: February 13, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; 826 -3729 Award of Contract for Amendment No. 1: City Standard Specifications Review CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Small Architect/Engineer Consultant Agreement with Naismith Engineering Inc., of Corpus Christi, Texas in the amount of $92,740.00 for a re- stated fee not to exceed $142,390.00 for the City Standard Specifications Review. PURPOSE: The purpose of this Agenda Item is to authoriz e Department and affected stakeholders input to Specifications used in City construction contracts. BACKGROUND AND FINDINGS: the services required to capture Operating the content of future revised City Standard This project will amend the current City Standard Specifications (that includes water, wastewater, storm water, engineering and traffic construction specification) which have not been substantially updated for 25 years. Naismith Engineering Inc. (NEI) of Corpus Christi, Texas was selected for this project through Request for Qualification (RFQ) No. 2011 -05 Professional Services for Department of Engineering Services Projects, dated November 14, 2011. As part of the vetting process NEI determined that additional input from city operating departments and the engineering community (designers, contractors, and material suppliers) was required during this process to ensure all aspects of the city specifications have been improved. ALTERNATIVES: 1. Award the Consulting contract to Naismith Engineering Inc. as proposed. 2. Do not award the Consulting contract to Naismith Engineering Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the FY 2012 -2013 Capital Improvement Program Budget EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fund(s): CIP FY 2012 -2013 ( #WA 18, WW 29 & SW 21) Comments: RECOMMENDATION: City staff recommends this Amendment No. 1 be awarded to Naismith Engineering Inc. of Corpus Christi, Texas in the amount of $92,740.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Certification of Funds Contract Project to Date Fiscal Year: 2012 -2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $99,231.80 $0.00 $99,231.80 Encumbered / $0.00 $0.00 Expended Amount This item $92,740.00 $0.00 $92,740.00 Future Anticipated expenditures for this $6,491.80 $0.00 $6,491.80 project BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): CIP FY 2012 -2013 ( #WA 18, WW 29 & SW 21) Comments: RECOMMENDATION: City staff recommends this Amendment No. 1 be awarded to Naismith Engineering Inc. of Corpus Christi, Texas in the amount of $92,740.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Certification of Funds Contract PROJECT BUDGET CITY STANDARD SPECIFICATIONS REVIEW Project No. E10115 February 6, 2013 FUNDS AVAILABLE: Water 2012 CIP ...................................................................... ............................... $ 33,077.27 Wastewater 2012 CIP ............................................................ ............................... 33,077.27 Storm Water 2012 CIP ............................................................. ............................... 33,077.26 TOTAL.................................................................................. ............................... 99,231.80 FUNDS REQUIRED: Consultant Fees: Consultant Design ( Naismith) ..................................................... ............................... 92,740.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ............ ............................... 2,086.65 Engineering Services (Project Mgt /Construction Inspection /Traffic Mgt ) ............................. 3,245.90 Finance................................................................................. ............................... 1,159.25 TOTAL.................................................................................. ............................... $99,231.80 ESTIMATED PROJECT BALANCE ............................................. ............................... $ - AMENDMENT NO.1 TO SMALL A/E AGREEMENT FOR ARCHITECT /ENGINEERING CONSULTANT SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY", and NAISMITH ENGINEERING, INC. hereinafter called "CONSULTANT ", agree to the following amendments to the contract for Architect/Engineer Consultant Services for the following project, as authorized and administratively amended by: Original Small A/E A reement August 26, 2010 Administrative Approval $49,650.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: CITY STANDARD SPECIFICATIONS REVIEW (Project No. E101IS) ( "PROJECT "). 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the "PROJECT" in accordance with the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A ". Additional Services required. 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 $92,740.00 (Ninety Two Thousand Seven Hundred Forty Dollars and Zero Cents for a total restated fee not to exceed $142,390.00 (One Hundred Forty Two Thousand Three Hundred Ninety Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 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 full set forth in Exhibit "B ". CITY OF CORPUS CHRISTI Daniel Biles, P.E. (Date) Director of Engineering Services NAISMITH ENGINEERING, INC. John A. Michael, P. E. (Date) Vice President 4501 Gollihar Corpus Christi, Texas 78411 (361) 814 -9900 Office (361) 814 -4401 Fax KlEngmeenng DataEachangetANGIEMWISCELLANEOUS1E10115 CITY STANDARD SPECIFICATIONS REVIEMAGENDA ITEWAE AGREEMENT - AMENDMENT No 1 doc . 11 . m - 9.- ENTERED FEB 7 2013 K Da:aE.cnarnge',,NGIEPA,M' SCFLLA.NEOUS F 101 15 CITY STANDARD SPECITACATIONS REVIEMAGENDA �TEMIAF AGRUKENT -WENDMENT No I aDc ; Ip u d M ut 41 d 4) Q e W a 7 m N 41 U. d u 3 � Z C t0 C 41 a` Ir d tLD t M m = W 3 m 47 .O V a 41 m M CL O M H � r C N Q V O 41 V O 0 C. a N ar Uri o: Z #A 9 41 7 a 41 L C CL p O x N O O O N q O O O O O O O O O O O O p O O O O M O O O O O O Ln ON1 n N N S � pO O N S M of n Q1 In P' C7� r` N O1 M N r1 rl N 00 O rl rl w V► M t0 in r1 r% H P, N 00 Ln N OD n 4^ V1 N rl rl N u1 h rl aA q O O O O O O O O O O q O S O O O OS O O O O ppO SC N SO ppO QOp ppv N ppO ppO M rl N w N AM .4 rl H vl� . T rl .-1 IA Q1 4A r1 4^ rl 11 4A N 44 N V�l to 46 N to Uf S Li C? S S C! °o S °o S °o, t°n C! S S S 00 cn� m V4 o to R M p Ln 44 14 N h H N H � N 4 N V). y O to O O O O O O O O O O O N O O 011 C C C O O C C C O O C N G O O O O O O O O O O O N O N O 00 N O T O N N O N 00 N tNf1 rl rn 'NV � O to O O 00 O O O O O O N O tH O N rz t-1 M rl r4 tp O N oi ai N N r1 0; N O O O O M O O O O O O Rt O P` O N to rl V to V rl 00 O M O O O O O O O O O O O O O O O tp tC tG tC 40 tG t0 tD LA r4 LA .4 C C O t t « R u 3 C 3 c 0 C E LL Is c o CL O O x r C d vt E �+ C H R u 0 d O c o c �^ vOai n N E c u a c O` c C S Zr c a 0 .., ° d p` cu C 4W1 E u° ui O ° v, �^ 5 O W d p w 0 as C c c r O c h r 0 r d t' V O1 in q N E N dl w O ' p C r E O u 0 g CL � E ` E 3 in E t u w O m 9 4d c _ y C vt 0 C= O c 5, p != E V. O _ u C O t •C m CL O W O V C Y � O .2 -c m a tn z IV 0' R � a 10 d u a s « to t' -w H r E Irp6 M r H ' « d d E « 3 E d d E 0 3 u A ar c ,a R dr1 CL r, E CL a�1 0 u vt c c a a, 41 c 4u1 E dal ° H r- dai u 41 C a r a1 Q v° a` app to CL a up CL Q ar f- as ae c 3 S m u m Q m Q m u m u Q m Q .4 V4 to Ln w w N O O O p p en p M N V Go L w V w N N V N O N N O N N N N N N M M E C C T ? ? 3 q r N O r N O r N 4► O N = E Q -3i N N H O O 2 u Q G 41 O C c O i e C 41 L' ro d vi to C a W 3 N. A ., C u °c dci E C €0 -$ u a 3 d d o°'e °�1 « E c CL °u " ~ a, ~ a°J, O E « d R N O' d « '° E E E uu 0) U E 00 3 :! a C w a to Pc « >` to , e0 as L" ro O 0: C a D E N - E A cm w °' ar a1 : a S to ar �_ C n p u V w N N 035 `O a C a LL. 41 a 4! 7 a c up a N N M tV 1A to A 0 N Q1 4A. :a m V 3 m O H L . NO. 1 T "A" of 2 EXHIBIT A CITY STANDARD SPECIFICATIONS REVIEW PROJECT NO. E10115 Original Services 1 Specification Review 2 Review Other Organization Specifications 3 Detail Review 4 Department Meetings 5 Revision and Formatting of Specifications 6 Final Check with Enginering Staff Meeting 7 Public Comment and Revisions 8 Publish Final Technical Specifications TOTAL Contract Amendment 1 Total Contract $13,500.00 $0.00 $13,500.00 11,500.00 0.00 11,500.00 3,350.00 0.00 3,350.00 7,200.00 33,117.50 40,317.50 10,750.00 7,170.00 17,920.00 3,350.00 0.00 3,350.00 0.00 50,702.50 50,702.50 0.00 1,750-00 1, 750.00 $49,650.00 $92,740.00 $142,390.00 AMEND. NO. 1 EXHIBIT "A" Pa e2of2 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) 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, 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, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY J %Engineenng famsUARGE AE EXHIBIT 9 DOCX $1,000,000 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 Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 AMEND. NO. 1 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind, 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, 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. 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). Consultant 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. Consultant 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 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 polices; 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 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. AMEND. NO.1 EXHIBIT "B" Page 2 of 3 J %Enginaanng FomUMGE AE EXHIBIT 8 ,DOCX 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 contract. 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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 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. AMEND. NO. 1 EXHIBIT "B" Page 3 of 3 JAEngw"nng FmmsUARGE AE EXHIBIT 8 DOCX O C d V G a a u _ d O > � c H O 3 v •� > c a — o• E > Q c W v Zcoo� � 0 O c O O WAN:+ \° 0 0 � 0 0 N �ZZ O O a. \o 0 Q IW-d�> V i c = Q ga— o V Z 00 V E O Q V r.+ c O z` \o 0 I� \o 0 f ` c � 0 O c \ 0 c c \° 0 0 � 0 0 \° 0 0 \o 0 0 \ 0 00 \o 0 \o 0 Q \o 0 O \o 0 Cl oo 0 o o 0 00 O O O o 0 0 c 0 0 0 0 N 0 0 0 O Lc) 0) Ln 0) .� Ln Ln r d N a. N A � LL LL fA U v a m to o to oo o o 0 00 O o 0 0 0 0 0o O o0 0 o CO in c0 4. 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NO.1 IT "C" 1 of SUPPLIER NUMBM 1`0 BE ASSM N I[) BV CTI-V--- PURCHASM(i I,i[VISION CITY OF CORPUS CHRISTI City of corpus DISCLOSURE, OF INTERE ST Christi City of Corpus Christi Ordinance 17112. as amended, requires, all persons or l'irms sceking to do bus'liless with tile City it) rrovide the following hil'orniation. E-very tiestion must be answered. 'ifin, If the question is not app cable. answer with "NA*'. See reverse 0c for 1, Itequirenients, Certifications and definitions. COINTPANY NAME: Na ism ith I'Ing incering. #*. Tit & I STREET ADDRESS: -1501 Gollihar Roid CITY: Carus Christi ZIP- 4l i FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 4. Association S. Other DISCLOSURE QUESTIONS If additional Space is 1)[CIISC LISC the reverse side of this page or attach Separate sheet, 1. State tile 11"'Inles of' each -emplovee" of the City, of Corpus Christi having, an -owners-hip cif the owner interest"CORS011.1ting 3% or more Ship in tile above named -firm." Name Department (i r known) Job Title and cily 2. State the names ofeach *'official" ofthe Cite Christi having atn - n -ownership interest constitutint, 3% or more ofthe o"'Ilershil) its the above named -firm," Narne• "Title 3. State the names. of each "board nlembet" of the City ofCorpus. Christi having, an -ownership interest" constituting 3% or more of the ownership iii the above named "firm." Nanie Board, Commission or NVA Commitice 0 - --- -- 4. State tile names of each employee or offitcer apt' at "consultant" for the City of Corpus C hristi who worked 011 ? , Ily matter related to the Subject of' this contract and has an -ownership joterest" constituting3% or more of the ownership in the above narned "firm." Name Consoliant I ) FILING REQUIREMENTS lfa person who requests official action on a matter knows that tltc requested action will conferan economic benefit oil any City official or employee that is distinguishable from the effect that tlae action will have on naeaaabers of the public in general or a substantival segment thereof, you shall disclose that fact in a signed writing to the City official, emplo ec or body that has beeaa requested to act in the matter, unless the interest of the City of vial or employee in tlae matter is a parent. The disclosure shall also be made in a signed writing filed with the City Secretary. [�thncs Ordinance Section 2-349 (d)J CERTIFICATION I certify that all information provided is true and correct as of the date: of this statement, that l have not knowingly withheld disclosure of yin), information requested; € nd that supplemental statements will be promptly submitted to tlae City of Corpus Christi, °I"exas as changes occur. Certifying Person: v a. �` Title; d t'r }ase ter a'riz�tia Signature~ ofCertifvinf Date: Person: a DEFINITIONS a. "Board member." A member of` any board, commission, or committee appointed by tlae Cite Council of the City of Corpus Christi, Texas. b. - eonornic benefit". An action that is likely to affect an econotaaic 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 substantival segment thereof. c. "Employce. Any person employed by file City of Corpus Christi, Texas either on a full or part -time basis, but not as in independent contractor. d. "I ima." Any entity operated for economic grains, whether professional, industrial or commercial, and whether established to produce or decal with a product or service, including but not limited to, entities operated in the farm of salt; proprietors flip, as ;elf - 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. "Official." The Mayor, members of the City Council, City Manager, Deputy City ,Manager, Assistant City Managers, Department and Division Heads, and Municipal Court ,fudges of tine: City of Corpus Christi, Texas. f_ -Ownership Interest." Legal or equitable interest, whether actually or constructively held, is a drum, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established tha-ough voting trusts, proxies, or special terms of venture or pro•tnerslaip €tgreemcnts." "Consultant." Any persona or firm, such as engineers and architects, faired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Ga O� H AGENDA MEMORANDUM NoP ©p,EO Future Item for the City Council Meeting of February 26, 2013 1852 Action Item for the City Council Meeting of March 19, 2013 DATE: 01/21/2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Aquarius Street Lighting Improvements - Contribution -In- Aid -Of Construction Agreement CAPTION: Motion approving a Contribution -In- Aid -Of- Construction Agreement with American Electric Power (AEP) in the amount of $ 89,974.42, for the installation of Aquarius Street Lighting Improvements. PURPOSE: Secure City Council Approval for Contribution -In- Aid -Of- Construction Agreement with American Electric Power for the construction and installation of eight (8) aluminum breakaway street light poles on Aquarius Street, one on Commodores Drive and three additional lights on existing poles on Dasmarinas Street. BACKGROUND AND FINDINGS: The Aquarius Street Extension was completed i illumination by separate contract. The Aquarius installing underground conduit, nine (9) aluminu Aquarius Street medians, including one aluminum three additional street lights on existing wood poles. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: n September 2012 and included roadway Street Lighting Improvements will include m breakaway street light poles along the pole on the Commodores Drive median and The construction phase is scheduled to begin in April 2013. City Traffic Engineering will coordinate with American Electric Power to schedule the work upon execution of this agreement. CONFORMITY TO CITY POLICY: This conforms to City policy for procurement of services. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 1,430,700 190,500.00 1,621,200 Encumbered / Expended Amount 1,430,700 1,430,700 This item 1 89,974.42 89,974.42 BALANCE 0 1 100,525.58 100,525.58 Fund(s): STREET CIP FUND (Original transfer from General Fund) Street CIP #13 Comments: None RECOMMENDATION: Staff Recommends approval of this motion as presented LIST OF SUPPORTING DOCUMENTS: Location Map AEP Contract AEP Lighting Design SUBJECT: AQUARIUS ST. LIGHTING BETWEEN DASMARINAS AND COMMODORES Traffic Engineering Div. Engineering Services Dept. PLEASE >> Please remit To: American Electric Power DETACH >> Sandra Luna STUB >> P.O. Box 2121 Corpus Christi, TX 78403 AND >> Bill To: RETURN >> CITY OF CORPUS CHRISTI 1201 LEOPARD WITH >> CORPUS CHRISTI, TX 78401 PAYMENT >> Contract No: DWMS00000158827 Date: 1113012012 Contract No Customer No Date- Amount Due: Amount Remitted: PRO FORMA 211 DWMS00000158827 10010641 11/30/2012 89,974.42 Customer No: 10010641 Purchase Order: 46003363 Description Quantity UOM Init Amt Net Amount INSTALL 9 ALUMINUM BREAKAWAY 1.0 EA 89,974 .42 89, 974.42 STREET LIGHT POLES WITH 6 DUAL 8' 250W LIGHTS AND 3 SINGLE 8' 250W LIGHTS PLUS 3 6' 250W LIGHTS ON EXISTING WOOD POLES Amount Due: 89,974.42 AEP Texas Central Company Date: 11130/2012 By signing and returning this Agreement, Customer understands and accepts the above described terms and conditions, Customer Company By By Signature: Signature: Date: Date: eV X7 Al a 112, -%l - cn C9 y�y 6� Y e.� 0 0) z :3 Q. LL 0 z) 7, = L) 0 of z ej vp < ul �e el: cl m a < z z LG z Qo < 5- iy x wo m 0 a m zo N w w 17- M Lu x Lu ul < < z > Lu m N Z 0 < ip J z zz w r DRIVE of < commoDORFS DRIVE W�F I- U) < w D w LLI z 0 '0 v) lj <m n m 8 v) > a. 'r o w J. LL 'w LU z lZ Lu If < Lu lij u) 0 (j LLI i. con w z w U o < z WIs Lo uj < m uj ul co 0 to uj X X C) zoo EL ul :3 Ul Lu U F-- M u) 0 EL Llj 0 cl Lu 0 F- �Mmo M Lu 0 of a z ol of z c U) L) of LL XX x u < < 0 rL m V'} 0 < ME 0 z Z < z 0 U 'o 0 i� = cL Lu to 0 0 5: w 0 L) < 0 LL j m pw U) n Lo Zw Ga O� AGENDA MEMORANDUM NoP ©gyp EO Future Item for the City Council Meeting of February 26, 2013 1852 Action Item for the City Council Meeting of March 19, 2013 DATE: February 7, 2013 TO: 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 Amendment for Professional Services Staples Street Pumping Plant New 10 Million Gallons Daily (MGD) Pumps CAPTION: Motion authorizing the City Manager, for Professional Services with Urba n $129,070.00, for a total restated fee Plant New 10 MGD Pumps. PURPOSE: or designee, to execute Amendment No. 1 to the Contract Engineering of Corpus Christi, Texas in the amount of not to exceed $216,470.00 for Staples Street Pumping The purpose of this Agenda Item is to execute the amended contract for Staples Street Pumping Plant New 10 MGD Pumps so professional services may continue. BACKGROUND AND FINDINGS: The existing Staples Street Pumping Plant was designed by Urban Engineering and subsequently constructed in 2001 to help increase the water supply system for the City as recommended in the 1997 Water Master Plan. The pump station was designed for two 10 MGD pumps and two 5 MGD pumps but only the two 5 MGD pumps were installed in 2001. The pump station was constructed with sufficient footprint space to accommodate the addition of two future 10 MGD pumps. Due to system demand, it is time to install the two 10 MGD pumps. The project will be to design the installation of both 10 MGD pumps, but the project will be structured to install one pump with the base bid and the second pump as an additive alternative. This allows flexibility in the funding of the construction of the project. This contract amendment provides for the design for installation of two 10 MGD pumps. Ancillary associated infrastructure in the design will include new pipe, valves and fittings for connection to existing suction and discharge piping; along with discharge control valves, flow meters, MCCs with VFD, electrical wiring and miscellaneous items of work to complete the project. The contract amendment also provides for electrical improvements, engineering integration and control improvements, and the addition of an isolation valve on Phase 5 of the Southside Water Transmission Main. The engineering services will include preparation of a set of Construction Bid and Contract Documents, review meetings with City staff, assisting the City in bidding the project, providing construction observation, and engineering integration and control services. ALTERNATIVES: 1. Execute the Contract for Professional Services with Urban Engineering as proposed. 2. Do not execute the Contract for Professional Services with Urban Engineering 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 ®Ca ital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $87,400.00 $1,500,000.00 $300,000.00* $1,887,400.00 Encumbered / Expended Amount $87,400.00 $87,400.00 This Item $129,070.00 $129,070.00 Future Anticipated Expenditures This Project $1,326,409.00 $1,326,409.00 BALANCE $0.00 $44,521.00 $300,000.00 $344,521.00 Fund(s): Water CIP #8 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $129,070.00. *Additional CIP money will be requested at a later date in the amount of $300,000.00 for FY 14. RECOMMENDATION: City Staff recommends approval of motion as proposed. LIST OF SUPPORTING DOCUMENTS: Project Budget, Location Map, Contract PROJECT BUDGET ESTIMATE Staples Street Pumping Plant New 10 MGD Pumps Future Item February 26, 2013 Action Item March 19, 2013 PROJECT FUNDS AVAILABLE: Water CIP .............................................................. ............................... $1,500,000.00 Water Operating ...................................................... ............................... $87,400.00 Future Water CIP Request ........................................ ............................... $300,000.00 TOTAL FUNDS ....................................................... ............................... $1,887,400.00 FUNDS REQUIRED: Construction (Estimate for Base Bid plus Add. Alt. # 1) .... ............................... $1,055,494.00 Contingencies ( 10%) ................................................ ............................... 105,549.00 Consultant Fees: Consultant (Urban Engineering)* ................................ ............................... 216,470.00 Materials Testing ( Estimate) ...................................... ............................... 23,811.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......................... 42,466.50 Engineering Services (Project Mgt/Constr Mgt /Traffic Mgt ) ............................. 66,059.00 Finance................................................................. ............................... 23,592.50 Misc. (Printing, Advertising, etc.) ................................ ............................... 9,437.00 TOTAL ................................................................. ............................... $1,542,879.00 ESTIMATED PROJECT BUDGET BALANCE .............. ............................... $344,521.00 * Original Consultant Contract approved by City Council on March 27, 2012 by Motion M2012 -065. Construction Observation Services are included in Urban Engineering's consultant fee. CITY • CORPUS CHRISTI AMENDMENT NO. I r,OWTm "JOT, The City of Corpus Christi, Texas hereinafter called "CITY", and Urban Engineering, hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for Staple Street Purriping Plant New 10 MGD (Project No. E12004), as authorized and amended by: Original A/E Agreement March 27, 2012 Motion M2012-065 1 $87,400.00J EXHIBIT 'W', SECTION 1. SCOPE OF SERVICES shall be amended as specified in the attached Amendment No. 1 Exhibit "A". EXHIBIT "A", SECTION 2. SCHEDULE shall be amended as specified in the attached Amendment No. I Exhibit "A ", Schedule. EXHIBIT "A", SECTION 3. FEES shall be amended as specified in the attached Amendment No. 1 Exhibit "K, Summary of Fees, for a revised fee not to exceed $129,070.00 (One Hundred Twenty -Nine Thousand Seventy Dollars and Zero Cents), for a total restated fee not to exceed $216,470.00 (Two Hundred Sixteen Thousand Four Hundred Seventy Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the March 27, 2012 contract between the City and Engineer will remain in full force and effect. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager URBAN NGINEERING 10 '-- k - 710 13 M EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS STAPLES STREET PUMPING PLANT NEW 10 MGD PUMPS PROJECT NO. E12004 SCOPE AMENDMENT #1 GENERAL Provide engineering project management, engineering design, plans, specifications and all documentation and services for construction for the upgrade of the existing electrical hardware - required for the proper operation and control of the Staples Pump Station. 1. SCOPE OF SERVICE A. BASIC SERVICES 1. PRELIMINARY PHASE a. Develop a project manual according to the City's standard format. The project manual shall contain but not limited to the following: 1. Scope of the project and intended outcome 2. Project justification: past operational precedents, references to engineering studies, references to model simulations, or explanations of changes in operational philosophy that necessitate the scope of work. 3. Project stakeholder analysis 4. Project contributors' roles and responsibilities matrix 5. Project communication plan 6. Quality Assurance /Quality Control plan 7. Project risk management plan The A/E to submit a Draft project manual to the City for review, A/E will meet with City staff to review comments on the draft project manual, A/E will incorporate comments into the final project manual and distribute to the City in electronic format. The project manual will be brief approximately one page per section, each item on a separate page so that they can be individually updated without having to revise the entire document. b. Update and redistribute the project manual to project contributors throughout the duration of the project. Document will be distributed via Share File by City staff along with future updates. Only one hard copy will be submitted to City Staff. c. Develop and distribute to project contributors preliminary schedule of all required project documentation and assign responsibility for creating, updating, and distributing project documentation. Revise and redistribute the schedule throughout the life cycle of the project as required. d. The A/E will review the existing plans and specification prepared for Phase 5 of the Southside Water Transmission Main project and coordinate with the COCC to incorporate the isolation valve improvements into the existing water main. e. Review background information pertinent to the project. f. Conduct a site visit at the Staples Street Pumping Station to review and document existing conditions. g. Attend two (2) additional project coordination meetings AMEND. NO.1 EXHIBIT "A" Page i c f 6 2. DESIGN PHASE a. Develop design plans and technical specifications (project to include all relevant standard City specifications and special provisions where warranted) to the City's format incorporating all issues with relevant solutions. Identify to the best of the Engineer's knowledge all potential conflicts and offer solutions to conflicts. The design services will incorporate but not be limited to the following: 1. Base Bid: a. Automatic transfer switch for future generator sized to run the entire pump station, upgrade existing main service electrical feeder for additional electrical load, upgrade existing HVAC to accommodate additional heat load from VFD's. b. Evaluate existing process monitoring and control instrumentation fitness for the application and make recommendations for improvement, if applicable. Engineering services required to specify additional instrumentation and create all necessary installation drawings and specifications. Itemize instruments and report findings to Owner in an engineering report. c. The A/E will develop all required drawings and specifications for demolition of existing analytical instrumentation panel and instrumentation and for procurement, installation, and integration of new analytical instrumentation panels based on City standard for Water analytical instrumentation. d. The A/E will develop a phased testing and acceptance plan for the new pumps, drives, HVAC, instrumentation, cabling and wiring, integration, and operation of the pump station. Develop all required testing scenarios, acceptance checklists and sign -off documentation, installation and cutover sequence, and other quality control and acceptance documentation to be used by contractor, as defined in the Preliminary design phase. e. Provide engineering design management services to ensure and communicate to the City internal quality assurance process. Follow project QA/QC plan as defined in the project manual. Prepare and present to City evidence of own QA/QC procedures such as design review checklist for each engineering discipline for each phase of the project. f. Develop project estimate of probable cost, provide all submittals to the City and meet with staff to review draft submittals and final plans and make City requested amendments. g. Coordinate design decisions with other City or third -party engineering or construction firms involved in projects or work that may overlap with this project. h. The A/E will prepare one (1) plan and profile sheet for construction of a 42 -inch butterfly on Phase 5 of the Southside Water Transmission Main. The location of the valve will be at the intersection of Waldron Road and Yorktown Blvd. The P & P sheet will be included in the bid package with one (1) technical specification for the butterfly valve. AMEND. NO.1 EXHIBIT "A" Page 2 of 6 K1111111il1l,. /�yA No Changes 4. CONSTRUCTION PHASE a. Provide construction observation services at the construction milestones. Ensure contactor's compliance with construction plans, specifications, and quality assurance plan. Review and approve acceptance checklists, witness and approve acceptance tests, attest to correct operation of the system per end user's intent and engineer's specification. 5. CLOSE -OUT PHASE a. Engineering services to develop as -built documentation. b. Other close -out tasks to complete project documentation as required above and determined by the Project Manager. B. ADDITIONAL SERVICES 1. SOUTHSIDE WATER TRANSMISSION MAIN FIELD INVESTIGATION a. The A/E will review the existing site conditions at the location selected by the City, take any required field measurements and incorporate the information into the design of the proposed improvements. 2. SOUTHSIDE WATER TRANSMISSION MAIN CONSTRUCTION OBSERVATION a. The A/E will make a total of two (2) field trips to the project site during construction to observe the valve installation process and determine if contractor is following the intent of the plans and specifications. 3. SOUTHSIDE WATER TRANSMISSION MAIN WARRANTY PHASE a. The A/E will attend one (1) walkthrough with the Contractor and the City of Corpus Christi's representative at the project site, before the end of the one year warranty period has expired. Any deficiencies associated with the installation of the butterfly valve noted at that time will be passed on to the City's representative. 4. CONTROL SYSTEM INTEGRATION a. The A/E to develop or modify, as required at time of construction, the Detailed Functional Specification (DFS) and / or control system Sequence of Operation (SOO) based on User Requirements Specification (URS) supplied by the City as well as pump station control strategy recommended by Controls System Engineer. b. The A/E to develop assessment methodology for selecting control system integrators, identify potential candidates, apply the methodology and recommend a list of approved integrators. Specify approved integrators in construction specifications. AMEND. NO. 1 EXHIBIT "A" Page 3 of 6 c. The A/E to determine and specify all control system configuration parameters such as PID parameters, set - points, and alarm levels required to achieve correct operation, alarming, and emergency notification and response of the automated control system. To include parameters for new pumps and equipment as well as modification to control system parameters for existing equipment. d. The A/E to provide Construction Commissioning Services to include all Engineering services required to provide onsite startup and commissioning assistance for and acceptance of the system consisting of a minimum of five 8 -hour days at Staples Pump Station and O.N. Stevens Water Treatment Plant. e. The A/E to conduct an inspection after one year of completion for project warranty requirement. CONTROL SYSTEM CONTINGENCY a. The A/E to provide two weeks (80 hours) of Engineering Services to adjust and modify control system hardware and software specification, as needed to accommodate actual field condition that may be unexpected or not known until the field installation. 5. FLOW METER / PUMP DRIVE ASSESSMENT a. Review of literature and coordination with several flow meter manufacturers to assess the types of meters currently available. Flow meter assessment and recommendation delivered to the City in the form of a technical memorandum. Review of literature on Magna -Drives and coordination with the manufacturer to assess the drive. Magna Drive assessment and recommendation delivered to the City in the form of a technical memorandum. E . NO. 1 IT "A" 4of6 Proposed Schedule Staples Street Pumping Plant New 10MGD Pumps Project No. E12004 Day Date Activity Tuesday March 26, 2013 Begin Design Tuesday May 28, 2013 Prel. Submittal Wednesday_ June 12, 2013 City Review Wednesday July 10, 2013 Pre -Final Submittal Wednesday July 24, 2013 City Review Wednesday August 21, 2013 Final Submittal Monday August 26, 2013 Advertise for Bids Tuesday September 10, 2013 Pre -Bid Conference Wednesday September 25, 2013 Receive Bids Wednesday October 30, 2013 Contract Award Wednesday November 27, 2013 Begin Construction Wednesday May 28, 2014 Complete Construction AMEND. NO. 1 EXHIBIT "A" Page 5 of 6 Summary of Fees Staples Street Pumping Plant New 10 MGD Pumps Project No. E12004 3/27/2012 M2012 -065 M2013- E ND. NO. 1 HIBIT "A e 6 of 6 Original Contract Amendment No. 1 Total Fee Pump Station Civil /Elect Mech Southside Water Trans. Main Total Amend. No.1 Basic Services 1 Preliminary Phase $9,000.00 $6,390.00 $1,490.00 $7,880.00 $16,880.00 2 Desi n Phase 38 900.00 27,690.00 6,470.00 34 160.00 73 060.00 3 Bid Phase 3,000.00 2,130.00 500.00 2,630.00 5,630.00 4 Construction Phase 9,000.00 6,390.00 1,490.00 7,880.00 16,880.00 Subtotal Basic Services $5990000 $42,60-0-0-0- $9,950.001 $52,550.00 $112,450.00 Additional Services 1 To o ra hic Survey/Field Investigation 11 440.00 2,040.00 2,040.00 13 480.00 2 Construction Observation Services 13 980.00 3,240.00, 3-12-40-0-0- 17 220.00 3 Warran Phase 2,080.00 540.00 1,640.00 3,720.00 4 Engineering Inte ration and Control Services 0.00 E61�22 0.00 61,500.00 61,500.00 5 Flow Meter/Pum Drive Assessment 0.00 0.00 8,100.00 8,100.00 Subtotal Additional Services $27,500.00 $5,820.00 $76,520.00 $104,020.00 Total $87,400.00 $15,770.00 $129,070.00 $216,470.00 3/27/2012 M2012 -065 M2013- E ND. NO. 1 HIBIT "A e 6 of 6 .. L: 150 E Ncq w 0 O CL Q cccc 5. '> CO) CL & W Q Z L.► co 0 Lu � � R O O O G wzz 0 vN ... F..0 O > J : C aa_ O V O v � a c 0 c 'O c N d O t1 O ._ O C a- 3 v O' E Q C V Q V N O Z .a Q Q Z E a r.+ C C U O \ 00 T \ o `O \ o O O \ O N 0 0 0 0 0 � \ O M \ o T \ 0 N O O O o 0 0 0 o p p p O o O O U N N a " N f!1 o LL V E a, a S N N CD CO) U m a 0 co U ) LL LL N N � �T (0 � O U) d — la O a C 00 °o 0 0 °� ° o p p p ° o° °o N ,� 0 R 0 c m m m E p O� a i N �A °�U> > co 10 o 0 LA T d3 T EA a)m¢E- r ER r Efl 00 O 0 0 0 00 0 0 p p p 0 M 0 M m m Lo 0 N O � t F r T T O O O O O O O 1-. Q Q Q P. O% 1- O O to O to O N N m m m d' to m O O P. O N O r W N 1- O M m T qr C6 If ci 69. 61%. 6 61% 0). r ° O M ° N p p p N M N� 60R LLo d°3 N O N (O H m H C� N co CO T T 6A. T T {f} T EA T N 60. °Eft O °° O N° p N O N N 66i m m m m m O O T T O T T r T 60.1 T T 66� T 66� T N 61), C) Cl 0 0 O O °° p p °0 Q O 0 oOcncno o mm�o Ooo T N N 0 N N (d N C Ef} d�} EA 6F} EA Efi AMEND. NO. 1 EXHIBIT "B" Pa e 1 OF 1 N N � � ca a _ U N N a " N f!1 o LL V E a, a S N N CD CO) U m a 0 co U ) AMEND. NO. 1 EXHIBIT "B" Pa e 1 OF 1 rn U N N f!1 to LL V N N CD CO) U Co) N LL LL N N co (0 O U) d — la O a C .2 ito LL = C_+ O N ,� 0 R c o p E p V a i N °�U> > co 10 o Qa� sa00000 a)m¢E- AMEND. NO. 1 EXHIBIT "B" Pa e 1 OF 1 � , 11 � ­ S U111111 ER NIJ N1 Bi `,R rO BE ASSIGNED WrCITY PURCHASING DIVISION Cilv of CITY OF RI CORPUS CHRISTI c4pus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17 112, as amended_ requires till person,,, or limas necking to do ti must be ans-�vered. business with the Chy to provide the Following information. I ' Yvery cities [oil if the question is not apps answerwitlO"NA-. See reverse si( c for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Enoineering 13. 0. BOX: STREETADDIZESS: 2725 Swantner c I'm Corpus Christi ZIP: --- 78404 FIRIM IS: 1. Corporation F-1 Partnership 3. Soic Owner 4. Association H S. Other Lj DISCLOSURE QUESTIONS If additional space is necessary, Please Use the reverse side of this pa-e or attach separate sheet. 1. State the names of each of the City of Corpus Jiristi Navin, an -ownership interest" constituting 3%, or more of the ownership in the above named "firm. Name Job Title and City A Department (il'known) 2. State the names of each -official" ofthe City ot'Corpus Christi having an -ow-nership interest" COnStitUti►Ig 3% or more of the ownership in' the above named -firrn."- Name Im 3. State the narnes of each -board member- of the City of"Corpus Christi having an "kiwilershill interest" constituting 3% or more ofthe ov.,nership in the above named -firm." Name Committee Board. Commission or 4. State the names cif each employee or olllicer ot'a -consultant" for the Citv ofCorpus Christi any worked on an matter related to the subiect of this contract and 'has all -ownership interest" C0►1%titUtin'; 3% or more of the ownership ]it the above named -firni.- Name Consultant FILING REQUIRE MEN,rs if a person %,.,Iio requests official action on a matter knows that the requested action will colit'er ail economic benefit oil ail), City official or employee that is distinguishable from the effect that the action will have oil members of the public in general or substantial segment thereof, YOU shall disclose that fact in a signed writing to the City official, el"PlOYce or body that has been requested to act in tile matter, Ljnless tile interest of tile City ofl'tciil or employee it i the matter is apparent. The disclosure shall also be made in a signed writing riled with tile City Secretary. appart ent. Ordinance Section 2-349 (d)] CERTIFICATION I certifv that all information provided is true and correct as of tile date of this statement, that I have not Inowingly withheld disclosure of ally int'brination requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. — Certifying Person: Title: pcijax �_P_01 (T) lie or Prin I l Signature of Certifying Date: Person: DEFINrriONS it. ­Board member. "' A member or any board, commission. or committee appoilited by the City Council of the City of Corpus Christi,Texa-s. b. --Economic benefit". Ali action that is likely to allect ail economic interest if it is likely to have an effect on that interest that is distinouishable from its effect oil members of the public in general or a substantial segment thereof. c. "Employee." Ali%! person employed by the City of Corpus Christi. Texas either on a full or part-time basis, but not as ail independent contractor. d, l'irrn." 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 ill the 11orm of sole proprietorship, as selGernploycd person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as noti-profit organizations. c. *'Official," The Flavor, members of tile City Council, City INlanager, Deputy City Manaocr, Assistant City Managers. Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi. Texas. f. -Ownership hiterest." I-eg ,at or equitable interest. whether actually or constructively held, in a firm, including when such interest is held throtioh ail agent, trust. estate, or holdins, entity. "Constructively held" refers to holdings or control established thnotigh voting trusts, proxies. or special term-; ot'venture or partiier-,Iiiiiigreeiiielit-,.', u. "Consultant." Any person or finji. such as engineers and architects, hired by lite City of Corpus Christi for tile purpose of professional consultation and recommendation. cile: \ Mproject \councilexhibits \exhE12004.dwg NUECES BAY Up RI�R RogO z o CF�pARO N �H37 o � J p U � Z W < Z N Z W Y U HWY 44 AGNES o 0 z J J Z Y CORPUS w w F 0 o CHRISTI o CD 0° m INTERNATIONAL w z Y AIRPORT ° BEAR z a J U .. N N ` N Vyo M n F.M. 43 FARM TO MARKET ROAD F.M. 43 M F.M. 665 t0 p oo 0 0 C4 � 2 U PROJECT LOCATION N F.M. 20 7� FM 2444 Ch 0 d I F.M. 18 o 0 U �p o F.M. 16 o Z U Q Of F.M. 14 CD o Q LOCATION MAP PROJECT #E12004 NOT TO SCALE Staples Street Pumping Plant CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS New 10 MGD Pumps DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CABANISS FIELD S ARAlp�q to �c �e I F.M. 18 o 0 U �p o F.M. 16 o Z U Q Of F.M. 14 CD o Q LOCATION MAP PROJECT #E12004 NOT TO SCALE Staples Street Pumping Plant CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS New 10 MGD Pumps DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 i O 4� V r 0 N N c� Lei 4� \% }mow 4} k} w }�S \� m I (a; � } \ \ 1 C\l yam■ � //LU \% }mow 4} k} w }�S \� m I (a; � } \ \ 1 C\l l m i i C) r� U U P1 • `o 1� O N 4.� U cd Ste" O r-I cn U cd O •� O O U U O U '+ o � � o °1 Q � �o 00 U U `o I i V� Q U W l m i i C) r� U U P1 • `o 1� O N 4.� U cd Ste" O r-I cn U cd O •� O O U U O U '+ o � � o °1 Q � �o 00 U U `o m R O is W M� 1� U 4� O .l 000 00 I i V� 0 0 U LU m R O is W M� 1� U 4� O .l u 000 00 0000OLO 0 0 0 00 0 0 0 0 0 Off'�'Lo 0 O 00 O' � �' N O ' � � � LO "T 00 ' Lo 00 IN N C'4 v7 � co O' N' L 000' N' co o � } '2 Ef3 Ef3 K?' Ef3 O c co N C O O U N O' N _ U L N co W O LU U' o Q o J U E m U � W LU c: 0 Co J a U) N 1.1.1 (0 U 0 ^ O U) W' C U) W w' LU �' 0 •O- � 0 0) U) C -' ~ a Q LL O o LU U � _ N 0 P z to to to N E � w >� >(U Q' m O O O O c6 N Q (n' O o CL >' > LL C) C) L) L) 2 0� W « U u Ga O� AGENDA MEMORANDUM NoP ©gyp EO Future Item for the City Council Meeting of February 26, 2013 1852 Action Item for the City Council Meeting of March 19, 2013 DATE: January 25, 2013 TO: 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 Execute Construction Contract and Execute Contract for Professional Services City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery / Indefinite Quantity Program CAPTION: Motion authorizing the City Manager or designee to execute contracts for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program ( "Program" or "Project "): a construction contract with National Power Rodding Corp. of Chicago, Illinois in the amount of $5,500,000.00; a contract for professional services with LNV, Inc. of Corpus Christi in the amount of $162,950.00; a contract for professional services with Coym, Rehmet & Gutierrez, Engineering, L.P. of Corpus Christi in the amount of $120,880.00; and a contract for professional services with Urban Engineering of Corpus Christi in the amount of $120,880.00. PURPOSE: To obtain authority to execute contracts needed for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery / Indefinite Quantity (IDIQ) Program (the "Program "). BACKGROUND AND FINDINGS: This Program will consist of wastewater collection system infrastructure repair /replacement in the six wastewater plant service basins. The scope of work includes, but is not limited to: rehabilitation and /or replacement of manholes, rehabilitation and /or replacement of gravity collection lines and /or force mains by pipe bursting, cured -in -place pipe, and /or open -cut method for lines up to 36- inches in diameter, gravity line point repairs, dewatering through well pointing, control of wastewater flows through bypass pumping, cleaning and televised inspection of conduits, as needed Stormwater Pollution Prevention Plans /permit compliance (subsidiary), and temporary traffic controls. On December 5, 2012, the City received proposals from four bidders to provide the construction services for the Program: Contractor Base Bid National Power Rodding Corp. $7,157,780.55 Chicago, Illinois Urban Engineering Huff & Mitchell $9,083,541.36 Cypress, Texas LNV, Inc. Reytec Construction $10,420,783.87 Houston, Texas Coym, Rehmet & Gutierrez Engineering, L.P. Jhabores Construction $10,423,208.02 Corpus Christi, Texas Each contractor provided unit prices for typical repair activities which will be used for delivery orders to allow the most cost effective repairs for each area. The City's consultant, LNV, Inc., analyzed the three proposals. The lowest bidder, based on the Total Base Bid and a hypothetical scenario, is National Power Rodding Corp. of Chicago, Illinois ( "National "). Based on review of National's experience and resources from the information they submitted for Special Provisions A -28, A -29, and A -30, National is qualified to provide the construction services for the Program. The total award is based on available Project funds. All work will be executed with multiple indefinite quantity delivery orders in accordance with the plans, specifications, and contract documents prepared by one of three Engineers depending on the basin where the work resides. The contract will be for a two -year base term (24 - calendar months), with the option to extend administratively for up to three one -year periods (12- calendar months). The City will opt to extend if it deems the contractor responsive and the work of a quality sufficient to continue the contract. Any option year extension will conform to Council- approved CIP budget appropriation. Budget appropriation will not be greater than the value of the base contract. Consultant contract amendments to provide services for option years will be executed based on Program needs and anticipate service requirements for delivery orders. Professional services contracts will be amended either administratively or by Council action, depending on the Charter requirements. Delivery orders will be prepared by one of the three Architect/Engineers as follows: ALTERNATIVES: Do not provide authority to execute the construction contract as proposed; do not provide authority to execute the professional services agreements as proposed. OTHER CONSIDERATIONS: Not applicable WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. Allison Urban Engineering 2. Broadway 3. Greenwood LNV, Inc. 4. Oso 5. 5. La una agun La Coym, Rehmet & Gutierrez Engineering, L.P. ALTERNATIVES: Do not provide authority to execute the construction contract as proposed; do not provide authority to execute the professional services agreements as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statutes relating to construction procurement; FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget; and the City's procurement policies. The contracts for Professional Services and the RFQ2011 -05 selection process comply with the Professional Services Procurement Act. Each consultant was selected based upon qualifications and consistent with the RFQ criteria. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fund(s): Wastewater CIP #3 Comments: The combined contracts will result in the expenditure of $5,904,710.00. The contracts will be funded over two years, with FY 13 funding in the amount of $2,818,986.00. FY 14 funding will be required in the amount of $3,085,724.00 in order to complete the two -year base term of the construction contract. RECOMMENDATION: City Staff recommends approval of motion as proposed. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Project to Fiscal Year 2012 -2013 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,828,000.00 $9,200,000.00 $12,028,000.00 Encumbered / Expended Amount $9,014.00 $9,014.00 This Item $2,818,986.00 $3,085,724.00 $5,904,710.00 Future Anticipated Expenditures This Project $1,652,100.00 $1,652,100.00 BALANCE $0.00 $4,462,176.00 $4,462,176.00 Fund(s): Wastewater CIP #3 Comments: The combined contracts will result in the expenditure of $5,904,710.00. The contracts will be funded over two years, with FY 13 funding in the amount of $2,818,986.00. FY 14 funding will be required in the amount of $3,085,724.00 in order to complete the two -year base term of the construction contract. RECOMMENDATION: City Staff recommends approval of motion as proposed. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint PROJECT BUDGET City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery / Indefinite Quantity Program PROJECT FUNDS AVAILABLE: Wastewater C I P ...................................................... ............................... $12,028,000.00 FUNDS REQUIRED: Construction (National Power Rodding Corp) ................ ............................... $5,500,000.00 Contingencies ( 10%) ................................................ ............................... 550,000.00 Consultant Fees Consultant (LNV, Inc.) .............................................. ............................... 162,950.00 Consultant (Coym, Rehmet & Gutierrez Engineering, L. P .) ............................. 120,880.00 Consultant (Urban Engineering) ................................. ............................... 120,880.00 Geotechnical Study & Testing (Rock Engineering) ......... ............................... 9,014.00 Reimbursements Contract Administration (Contract Preparation /Award/ Admin ) .......................... 270,630.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt ) ............................. 420,980.00 Construction Observation Services ............................. ............................... 200,000.00 Finance................................................................. ............................... 150, 350.00 Misc. (Printing, Advertising, etc.) ................................ ............................... 60,140.00 TOTAL ................................................................. ............................... $7,786,804.00 ESTIMATED PROJECT BUDGET BALANCE .............. ............................... $4,462,176.00 councilexhibits \ exht 1 Z 161. LOCATION MAP NOT TO SCALE PROJECT #E12161 City -Wide Collection System Replacement CITY COUNCIL EXHIBIT and Rehabilitation Indefinite Delivery/ CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Indefinite Quantity Program 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 LNV. Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery /Indefinite Quantity Proaram (Project No. E12161) - This project consists of Wastewater Collection System improvements in the six (6) wastewater plant service basins. The scope of work includes, but is not limited to: rehabilitation and/or replacement of manholes, rehabilitation and /or replacement of gravity collection lines and/or force mains by pipe bursting, cured -in -place pipe, and/or open -cut method for lines up to 36- inches in diameter, gravity line point repairs, dewatering through well pointing, control of wastewater flows through bypass pumping, cleaning and televised inspection of conduits, as needed Stormwater Pollution Prevention Plans /permit compliance (subsidiary), and temporary traffic controls. All work will be executed with multiple indefinite quantity delivery orders as required, in accordance with the plans, specifications, and contract documents and will be prepared by one of three Engineers depending on the basin where the work resides. The initial contract will be for a two (2) year (24- calendar months) base contract, with three (3) optional one (1) year (12- calendar months) extensions. Delivery orders will be prepared by one of three (3) A/E's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO S. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services described in Exhibit "A" and "A -1 ". 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 -11', to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown Contract for Engineering (A/E) Services Page 1 of 4 KAENGINEERING DATAEXCNANGE IJENNIFERIWASTEWATERIE12161 CITY -WIDE COLLECTION SYSTEM REPLACEMENT & RENAB ID14ZAE CONSULTANT LWCONTRACT - CITY WIDE IDIO.DOC 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 A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the pFelimnAaFy phase, design phase, bid phase 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. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in the Compensation Table in Exhibit "A ", for providing services authorized, a total fee not to exceed $162,950.00 (One Hundred Sixty -two Thousand Nine Hundred Fifty Dollars and Zero Cents). Monthly invoices will be submitted by A/E on a monthly basis based on percentage of project completion as defined in Exhibit "A ". Monthly invoices shall be submitted in accordance with Exhibit "C ". 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. Contract for Engineering (AIE) Services Page 2 of 4 K:MWENEERING DATAEXCNANGEWENNIFERIWASTEWATER1E12161 CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQ%E CONSULTANT LNVICONTRACT - CITY NODE IDIQ.DOC VMJ[*J@yAJWV11J: , JILS11 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.) The A/E 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 A/E 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. 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. li 1111101 &1*1 -K# 1V a W • 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. A r 111MAR1061012:0111 :1. &111 Oscar R. Martinez, Date Assistant City Manager Daniel Biles, Date Director of Engineering Services mgm Contract for Engineering (ALIE) Services Page 3 of 4 KAENGINEERING DATAEXCHANGEUENNIFERXWASTEWATERIE12161 CITY-WIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQ1AE CONSULTANT LNVICONTRACT - CITY =r- IDIQ.DOC a, Operating Department Date Office of Management Date and Budget Armando Chapa, City Secretary .,_ Fund Name: Wastewater CIP Encumbrance No. Contract for Engineering (AIE) Services Page 4 Of 4 K:kENGINEERING OATAEXCHANGEUENNIFERtWASTEWATER4E1216 t CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQI AE CONSULTANT LNV\CONTRACT - CITY WIDE IDI4,DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS CITY -WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY / INDEFINITE QUANTITY PROGRAM PROJECT NO. E12161 Delivery orders will be prepared by one of three (3) AE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ S. WHITECAP I. SCOPE OF SERVICES A. Basic Services. (NIA) 1. Preliminary Phase. (NIA) 2. Design Phase. (NIA) 3. Bid Phase. (NIA) 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. EXHIBIT "A" Page 1 of 4 )nt installed i P ' t. These FnaRwals will be iR a "multimedia fGFFRaV lRtFeduetieF;, Table Of GGAtSMS, and Index will be IR HT-ML (Hyper-Tex4 MaFkup i. Review construction "red -line" drawings, PFSPaFe FeSeFd dFawiRgS of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans). sepaFate file. A#Nbute data will be pFevided iR ASGII fORKlat tah-dar farm A" elee#Gnir. data will be sempatible with the Gi% The City staff will: 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 A/E 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: Topographic Survey. A/E will provide field surveys, as required for design including the necessary control points (up to 1 site), 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 Surveyors'❑ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. _ R1, :er . EXHIBIT "A" Page 2 of 4 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of two (2) one -year periods 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. 3. Consultant and Invoice Coordination Provide interpretations /clarifications on ID /IQ plans, specifications and procedures, create a site quantity form for consultant's monthly execution, compile site quantity forms and submit a single pay application to the City on a monthly basis. Track overall project money and provide City with regular updates on status of remaining funds. • Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A." Note: The Exhibit "A -1" Task List does not supersede Exhibit "A." 2. SCHEDULE Day Date Activity Tuesday February 2013 Contract Award Weekday March 2013 Contractors NTP Weekday March 2015 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a 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 LA. 1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. The construction phase allowance will be billed at the percentage rate associated with the delivery order amount as described in the Compensation Table below in the Summary of Fees section. The amount actually billed is entirely dependent on the value of delivery orders issued and the full amount may not be needed. In Sedan he , City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 3 of 4 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. All additional service fees are unauthorized allowances requiring authorization by the Director of Engineering. Fees are based on the City's budget for the 6 service basins of $5,500,000.00 (2- year Base Contract) with up to one -third (113) of work performed in any two (2) basins. Summary of Fees Basic Services Fees 1. Preliminary Phase N/A 2. Design Phase N/A 3. Bid Phase N/A 4. Construction Phase (Allowance) $112,500.00 Subtotal Basic Services Fees $112,500.00 Additional Services Fees (Allowance) 1. Topographic Survey $3,080.00 2. Warranty Phase $5,300.00 3. Consultant and Invoice Coordination $42,070.00 Sub -Total Additional Services Fees Authorized $60,450.00 Total Authorized Fee $162,950.00 Note: 1. The fee depends on the value of the delivery orders issued. The following compensation table will be used to determine the fee; COMPENSATION TABLE Construction Cost of Delivery Order $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 A/E Fee $3,750 (Flat Rate) 10.0% 6.25% 5.5% 5.0% 4.75% * If the average value for a delivery order is $150,000 then the total basic services fee would be as follows: $5,500,000/3 = $1,833,333 (available for each consultant) # Delivery orders = $1,833,333/$150,000 = 12 Fee = 12 orders x $150,000 x 6.25% = $112,500 EXHIBIT "A" Page 4 of 4 EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS CITY-WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY / INDEFINITE QUANTITY PROGRAM PROJECT NO. E12161 Delivery orders will be prepared by one of three (3) AE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP TASK LIST BASIC SERVICES 1. Preliminary Phase (NIA) 2. Design Phase (NIA) 3. Bidding Phase (NIA) 4. Construction Phase — Basic Construction Phase Services a. Perform standard construction phase services for each delivery order as described in Exhibit "A ". The Construction Phase fee will be billed as delivery order improvements are constructed at the rates shown in the Compensation Table in Exhibit "A ". Deliver Orders a. Engineer will perform site visits, review video inspections, and meet with City to identify wastewater collection system issues and the possible rehabilitation options. b. Engineer will submit a "draft" version of each non - emergency delivery order for the City's review and comment prior to issuing the final delivery order. c. Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineers estimate, and any other reference material that may aid the Contractor during construction including video inspection reports, City work orders, old plans, etc. d. The Delivery Order allowance will be billed, at rates shown in the Compensation Table in Exhibit "A ", as the final delivery orders are issued to the Contractor and are assumed to be limited to a max of 30 separate delivery order packets for the base 2 -year contract. The fee is based on the one -third (1/3) of the 2 -Year base contract budget of $5,500,000.00. EXHIBIT "A -1" Page 1 of 2 ADDITIONAL SERVICES 1. Topographic Survey a. Topographic survey is not anticipated to be needed on most deliver order sites, except where horizontal and /or vertical control is critical for the design and construction of the proposed improvements to avoid potential conflicts, and /or to confirm slopes, etc. b. The Topographic Survey allowance is based on one (1) 8 -hr day of (2 -man) field crew work and is sufficient for up to one (1) site. 2. Warranty Phase a. Engineer will prepare a list of all sites completed at the end of each 12 -month period for the City and recommend acceptance of the sites and commencement of the warranty period. All listed sites will have the same completion date and warranty expiration date. b. Engineer will provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list. c. The Warranty Phase allowance is based on two (2) 12 -month warranty periods. 3. Consultant and Invoice Coordination a. Create a site quantity summary form for consultant engineers to fill out for each delivery order site for each monthly pay application review. b. Compile site quantity summary forms at the end of each month to create a single pay application to submit to the City based on the quantities from all six (6) service areas. c. Track ID /IQ funds by creating and continuously updating a master site list and provide the list to the City each month. d. Provide regular updates to the City on funds allocated and funds remaining. e. Meet with City staff and other consultants to provide interpretations/clarificabons of the plans, specifications and/or ID /IQ procedures. f. Coordinate with consultant engineers and City staff on any required changes throughout the duration of the project as directed by the City. g. The Consultant Invoice and Delivery Order Coordination allowance is based on the 2 -year (24- month) base contract and assumes an effort of approximately 12- hours per month. EXHIBIT "A -1" Page 2 of 2 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) 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, 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, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30 -Day Written Notice of Cancellation, non - renewal or material change required on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors MINIMUM IN Bodily Injury & Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY K\Engineering DataExd=VeUENNIFERIFORMSTxhibit B for Large.dom $1,000,000 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 Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Pa e 1 of 3 C. In the event of accidents of any kind, 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, 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. 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). Consultant 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. Consultant 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 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: L 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 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. EXHIBIT "B Page 2 of KWiVineedng Dat aExduMeUENNIFERIFORMS1Exhibit 8 to LaW.doox 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 contract. 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. 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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 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 3of3 K4Engineering DataExchangeUENNIFERTORMS1E<hibit B for Large.dom W O � C fA C IL 00 y O C W ~0 doo IL ZZ o Z 1_ y > v J C IL'.. � r C V Z W O V m N m 0.- �aCp ao m N 0 O 0 Ln V W O � C fA C IL 00 y O C W ~0 doo IL ZZ o Z 1_ y > v J C IL'.. � r C V Z W O V m N m 0.- m N 0 O 0 Ln 0 0$ O 00 w O O Q 1- Q Fm„ Q �- g to QU �0 00 1c O � c0 � am 0 0 0 0 �t! 1 N O O Q P- p P m Q P O to .�;; O A W) 64 � a � C a 0 m � co O O O O Q O O Q p Q P Q P 0 0 o Lo 0 0 O LO N E O r o`nm to ca A E �a V- O C ti 1A N p°p O N N iO G G !_ G PI- h�� cc f� O h V h lC4 d1 co mr M 40 WOUfI8 N O N 51ONN000N R H 0 8N N t0 f~+ � d�! w Q O O O Q O H N O Q m m Q N O O N r N r G o chi °o d! di to !f! EXHIBIT 46" Pa e 9 of 1 m U •m � m c0 am a �' 1 N a m Z= e c a .�;; U. - m s � a C a o m co O. s% _ 2 O c oo Q o E o`nm a ca A E �a Qa�'_2oOvviu'� a~`oL cc c NA EXHIBIT 46" Pa e 9 of 1 SUPPLIER NUMBER TO BE ASSIGNED B CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI CCity of DISCLOSURE OF INTEREST hris i 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 Fling Requirements, Certifications and definitions. COMPANY NAME: LNV, INC. P. O. BOX: N/A STREET ADDRESS: 801 Navigation, Ste 300 CITY: Corpus Christi ZIP: 78408 - FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association ® 5. Other 8 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this age 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) NIA 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 Boardr Commission or Committee Dan S. Levendecker Manna Advisory Board 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nam Consultant NIA FILING REQUIREMENTS H 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: Dan S. Le Signature of Certifying Person: DEFINITIONS Title: President Date: z4cz & 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. L "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 vests, 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. 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 Covm. Rehmet & Gutierrez Engineering, L.P., a Texas partnership, 5656 South Staples Street, Suite 230, Corpus Christi, Nueces County, Texas, 78411, (Architect/Engineer —A/E), hereby agree as follows: 1. SCOPE OF PROJECT City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/lndefinits Quantity Pro -ram (Project No. E121611 — This project consists of Wastewater Collection System improvements in the six (6) wastewater plant service basins. The scope of work includes, but is not limited to: rehabilitation and /or replacement of manholes, rehabilitation and /or replacement of gravity collection lines and/or force mains by pipe bursting, cured -in -place pipe, and/or open -cut method for lines up to 36- inches in diameter, gravity line point repairs, dewatering through well pointing, control of wastewater flows through bypass pumping, cleaning and televised inspection of conduits, as needed SWPPP /permit compliance(subsidiary), and temporary traffic controls. All work will be executed with multiple indefinite quantity delivery orders as required, in accordance with the plans, specifications, and contract documents and will be prepared by one of three Engineers depending on the basin where the work resides. The initial contract will be for a two (2) year (24- calendar months) base contract, with three (3) optional one (1) year (12- calendar month) extensions. Delivery orders will be prepared by one of three (3) A/E's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 6. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services nesessaFyto described in Exhibit "A" and "A -1 ". 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-11", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown Contract for Engineering (A/E) Services Page 1 of 4 K:IENG[NEERING DATAEXCHANGEIJENNIFERIWASTEWATER %E12161 CITY -IMOE COLLECTION SYSTEM REPLACEMENT & REHAB IDIMAE CONSULTANT CRGICONTRACT - CITY -WIDE IDIO.DOC 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 A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the 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. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in the Compensation Table in Exhibit "A ", for providing services authorized, a total fee not to exceed $120,880.00 (One Hundred Twenty Thousand Eight Hundred Eighty Dollars and Zero Cents.) Monthly invoices will be submitted by A/E on a monthly basis based on percentage of project completion as defined in Exhibit "A ". Monthly invoices shall be submitted in accordance with Exhibit "C ". 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. Contract for Engineering (WE) Services Page 2 of 4 K:IENGINEERING DATAEXCHANGEUENNIFERIWASTEWATERIE12161 CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQIAE CONSULTANT CRGICONTRACT - CITY -WIDE IMDOC rMXqjqjAj S .N jL K The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AIE 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.) The A/E 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 A/E 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. w w W WW V M1151111 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. Oscar R. Martinez, Date Assistant City Manager 1:1=0991 Daniel Biles, P.E., Date Director of Engineering Services Contract for Engineering (A/E) Services Page 3 of 4 KAENGINEERING DATAEXCHANGEUENNIFERIWASTEWATERIE12161 CITYWDE COLLECTION SYSTEM REPLACEMENT & REHAB JDIQLAE CONSULTANT CRGkCONTRACT - CtTY-WIDE JDIQ.DQC Operating department Cate Management Office of • Budget Armando Chapa, City Secretary Project Fund Source No. 550950-4248-00000-E!2161 Encumbrance Fund Name: Wastewater CIP No. Contract for Engineering (E) Services Paige 4 of 4 K:IENGINEERING QATAEXCHANGEWENNIFER1WASTEWATER4EI2161 CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB IaIQ%AE CONSULTANT CRGICONTRACT - CITY-WIDE IOIQ.00C EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS CITY-WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY / INDEFINITE QUANTITY PROGRAM PROJECT NO. E12161 Delivery orders will be prepared by one of three (3) AE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP I. SCOPE OF SERVICES A. Basic Services. (N /A) 1. Preliminary Phase. (N /A) 2. Design Phase. (N /A) 3. Bid Phase. (N /A) 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality - of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. EXHIBIT "A" Page 1 of 4 , Genf On befeFe deliveFy of the manuals that- -all seaRRed image G.m. a t_Q an r. A eempatible with the image viewing se#waFe MR the , i. Review construction "red -line" drawings, PFepaF9 F9GQFd dFawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans). sepaFate file. AAMbute data will be PFGY'ded ASCII fAr-FRat in tabUISF fGFFA. All e!eGtF9n;ry data will be sempatible with the City GIS system- The City staff will: 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 A/E 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. Topooraphic Survey. A/E will provide field surveys, as required for design including the necessary control points (up to 1 site), 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 Surveyors' ❑ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. EXHIBIT "A" Page 2 of 4 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of two (2) one -year periods 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. • Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A." Note: The Exhibit "A -1" Task List does not supersede Exhibit "A." 2. SCHEDULE Day Date Activity Tuesday February 2013 Contract Award Weekday March 2013 Contractors NTP Weekday March 2015 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a 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. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. I- Sestien 1.A.! 3, the statemeRt will be based upen AJE's estimate (and Gity GaRGur-FeRGe) of the City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 3 of 4 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. All additional service fees are unauthorized allowances requiring authorization by the Director of Engineering. Fees are based on the City's budget for the 6 service basins of $6,500,000.00 (2- year Base Contract) with up to one -third (113) of work performed in any two (2) basins. Summary of Fees Basic Services Fees 1. Preliminary Phase N/A 2. Design Phase N/A 3. Bid Phase N/A 4. Construction Phase (See Fee Table) $112,500.00 Subtotal Basic Services Fees $112,500.00 Additional Services Fees (Allowance) 1. Topographic Survey $3,080.00 2. Warranty Phase $5,300.00 Sub -Total Additional Services Fees Authorized $8,380.00 Total Authorized Fee $120,880.00 Note: 1. The fee depends on the value of the delivery orders issued. The following compensation table will be used to determine the fee; COMPENSATION TABLE Construction Cost of Delivery Order $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 A/E Fee $3,750 (Flat Rate) 10.0% 6.25% 5.5% 5.0% 4.75% If the average value for a delivery order is $150,000 then the total basic services fee would be as follows; $5,500,000/3 = $1,833,333 (available for each consultant) # Delivery orders = $1,833,333/$150,000 = 12 Fee =12 orders x $150,000 x 6.25% = $112,500 If the orders packages are smaller the fee could end up being higher than is noted above. EXHIBIT "A" Page 4 of 4 EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS CITY -WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY I INDEFINITE QUANTITY PROGRAM PROJECT NO. E12161 Delivery orders will be prepared by one of three (3) AE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ S. WHITECAP TASK LIST BASIC SERVICES 1. Preliminary Phase (NIA) 2. Design Phase (NIA) 3. Bidding Phase (NIA) 4. Construction Phase — Basic Construction Phase Services a. Perform standard construction phase services for each delivery order as described in Exhibit "A ". The Construction Phase fee will be billed as delivery order improvements are constructed at the rates shown in the table in Exhibit W. Deliver Orders a. Engineer will perform site visits, review video inspections, and meet with City to identify wastewater collection system issues and the possible rehabilitation options. b. Engineer will submit a "draft" version of each non - emergency delivery order for the City's review and comment prior to issuing the final delivery order. c. Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineers estimate, and any other reference material that may aid the Contractor during construction including video inspection reports, City work orders, old plans, etc. d. The Delivery Order allowance will be billed at the rates shown in the table in Exhibit W as the final delivery orders are issued to the Contractor and are assumed to be limited to a max of 30 separate delivery order packets for the base 2 -year contract. The fee is based on the one -third (113) of the 2 -Year base contract budget of $5,500,000.00. EXHIBIT "A -1" Page 1 of 2 ADDITIONAL SERVICES 1. Topographic Survey a. Topographic survey is not anticipated to be needed on most deliver order sites, except where horizontal and /or vertical control is critical for the design and construction of the proposed improvements to avoid potential conflicts, and /or to confirm slopes, etc. b. The Topographic Survey allowance is based on one (1) 8 -hr day of (2 -man) field crew work and is sufficient for up to one (1) site. 2. Warranty Phase a. Engineer will prepare a list of all sites completed at the end of each 12 -month period for the City and recommend acceptance of the sites and commencement of the warranty period. All listed sites will have the same completion date and warranty expiration date. b. Engineer will provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list. c. The Warranty Phase allowance is based on two (2) 12 -month warranty periods. EXHIBIT "A-1" Page 2 of 2 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) 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, 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, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY K%EngineMng DataExchangeWENNIFERW- ORMSXExhibit B for Large.docx $1,000,000 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 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, 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, 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. 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). Consultant 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. Consultant 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 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 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. EXHIBIT "B" Page 2of3 KWUVIneedng OaWExchangeUENNIFER %FORMSWxhibit B for Large.docx 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 contract. 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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 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 KTngineering DataExchange %JENNIFERWORMS%Exhibit B for Large.docx o � O � o � °a N d— c 0 +r � O N °� C W v H W 0 O � � O c; O N Z Z cOi ii 0 Soo ° Z � C V� IL V C Z 6 'D V O 0 O � o N O C 0 0 0 C N °� ° 00 0 0 p mm�� O p S Soo ° o V� 6 °$ 0 0 0 o O m Om O o g 0 0 L° 6% *a 6% 00000 �ojoopppo 000 cc 1� N O r tO 1+ N � h Qti� Of N N li r N N ROCOCO N O N W cp N m O V- fH � � t!! O O O O m m m S O O O rfl3 O N �Cl N St O N co 03, oil a► m v � N H ti U. jE it m O N m o N co go c ��oy °c° $ Zm a� O c CD pQp 0 0 m aoco0w a U) U) 40 c po.. EXHIBIT "C" Pa e 1 of 1 SUPPLIER NUMBER TO R ASSIGNED H _ _ 1111ttt:HASIN[iDIVISION Cit CITE' OF CORFU CHRISTI Coi -pug DISCLOSURE OF INTEREST Christi 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 e ucstion trust be answered. If the question is not applicable, answer with A ". See reverse sl for Filing Requirements, Certifications and definitions. COMPANY NAME: Coym, Cehmet & Gutierrez, L.l'. STREET ADDRESS: 5656 South Staples St., Suite 230 CITY: Carpus Christi Z1111: 794H i FIRM IS: 1. Corporation F 2. Partnership M 3. Sole Owner 4. Association LJ 5. Other El 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 .lob Title and City Dcpartrnent (if known) ?. 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 3. State the naines of each "hoard member ' of the City of Corpus Christi having, an -ownership interest" constituting 3 °.'�, or more ofthe ownership in the above named `'firm.'" Name Board. Commission or Comtttitece 4.. State the names of each employee or officer of a " consultanC for the City of Corpus Christi who worked on any matter related to the subject of this contract and has all -ownership interest" constituting 3% or more of the owsrnerslup in the above named "firm." Name Consultant 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, emplo�yyee or body that has been requested to act in the matter, unless the interest of the City otircial 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 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: 3m Cayw+ Title: Parfnt (Type or Print) Signature of Certifying Date: 3 Person: <-VJ 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. E "Ownership Interest." Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to 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. 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, 78444, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery /Indefinite Quantity Program (Proiect No. E12161) — This project consists of Wastewater Collection System improvements in the six (6) wastewater plant service basins. The scope of work includes, but is not limited to: rehabilitation and /or replacement of manholes, rehabilitation and /or replacement of gravity collection lines and /or force mains by pipe bursting, cured -in -place pipe, and /or open -cut method for lines up to 36- inches in diameter, gravity line point repairs, dewatering through well pointing, control of wastewater flows through bypass pumping, cleaning and televised inspection of conduits, as needed SWPPP /permit compliance(subsidiary), and temporary traffic controls. All work will be executed with multiple indefinite quantity delivery orders as required, in accordance with the plans, specifications, and contract documents and will be prepared by one of three Engineers depending on the basin where the work resides. The initial contract will be for a two (2) year (24- calendar months) base contract, with three (3) optional one (1) year (12- calendar month) extensions. Delivery orders will be prepared by one of three (3) A/E's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 6. LAGUNA COYM, REHMET 81 GUTIERREZ S. WHITECAP 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services flesessaFto described in Exhibit "A" and "A -1 ". 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. Contract for Engineering (AIE) Services Page 1 of 4 KAENGWEERING DATAEXCH ANGEUENNIFEMWASTEWATERIE12161 CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQIAE CONSULTANT URBAN%CONTRACT - CnY -WIDE IDIQ.DOC 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 A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the 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. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in the Compensation Table in Exhibit "A ", for providing services authorized, a total fee not to exceed $120,880.00 (One Hundred Twenty Thousand Eight Hundred Eighty Dollars and Zero Cents.) Monthly invoices will be submitted by A/E on a monthly basis based on percentage of project completion as defined in Exhibit "A ". Monthly invoices shall be submitted in accordance with Exhibit "C ". 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. Contract for Engineering (AIE) Services Page 2 of 4 KAENGINEERING DATAEXCHANGELIENNIFEMWASTEWATERI E12161 CITY -WIDE COLLECTION SYSTEM REPLACEMENT S REHAB IDIGIAE CONSULTANT URBANICONTRACT - CITY-WIDE IDIO.DOC 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.) The A/E 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 A/E 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. 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. 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. Oscar R. Martinez, Date Assistant City Manager V 4001 J,I J, 1:4 il'l a] :4 Daniel Biles, P.E., c6te Director • Engineering Services Contract for Engineering (A/E) Services Page 3 of 4 KAENGINEERING DATAEXCHANGEUENNIFERAWASTEWATERkEI2161 CITY-WIDE COLLECTION SYSTEM REPLACEMENT & REHAB 00AE CONSULTANT URBANICONTRACT - CITY-WIDE IDIO.DOC w Operating department Date F-3;2=190#1117-11:2 Loll Office of -. - •.- ATTEST Armando Chapa, City Secretary Project No. E12161 Fund Source No. 550950- 4248 -0f 000- E12161 Fund Name; Wastewater CIP Encumbrance No. Contract for Engineering (AIE) Services Page 4 of 4 K.YENGINEERING DATAEXCHANG ENNIFERIWASTEWATERIE12161 CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQAE CONSULTANT URBAWCONTRACT - CITY -WIDE IDIQ.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS CITY-WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY I INDEFINITE QUANTITY PROGRAM PROJECT NO. E12161 Delivery orders will be prepared by one of three (3) AE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 6. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP I. SCOPE OF SERVICES A. Basic Services. (NIA) 1. Preliminary Phase. (NIA) 2. Design Phase. (NIA) 3. Bid Phase. (NIA) 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. EXHIBIT "A" Page 1 of 4 9 and *a . Wee the 99FAM9R femahq far. An Ane .. , eR a GP ROM, Rot on fleppy • i. Review construction "red -line" drawings, pFepaFe FeGGFd dFawiRgs of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans). eleastreenis data- will -he eempatib 4-A Gig system-. The City staff will: a. PFSPaFS 810plisatiensiestimates fGF PaYFMMS tO GGAtFaGtGF. 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 A/E 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: Topographic Survey. A/E will provide field surveys, as required for design including the necessary control points (up to 1 site), 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 Surveyors'0 Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. EXHIBIT "A" Page 2 of 4 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of two (2) one -year periods 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. • Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit °A.° Note: The Exhibit "A -1" Task List does not supersede Exhibit °A." 2. SCHEDULE Day Date Activity Tuesday February 2013 Contract Award Weekday March 2013 Contractors NTP Weekday March 2015 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a 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. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. The construction phase allowance will be billed at the percentage rate associated. with the delivery order amount as described in the Compensation Table below in the Summary of Fees section. The amount actually billed is entirely dependent on the value of delivery orders issued and the full amount may not be needed. '- Sestien City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 3 of 4 B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section 1. B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below. All additional service fees are unauthorized allowances requiring authorization by the Director of Engineering. Fees are based on the City's budget for the 6 service basins of $5,500,000.00 (2- year Base Contract) with up to one -third (113) of work performed in any two (2) basins. Summary of Fees Basic Services Fees 1. Preliminary Phase N/A 2. Design Phase N/A 3. Bid Phase N/A 4. Construction Phase (Allowance) $112,500.00 Subtotal Basic Services Fees $112,500.00 Additional Services Fees (Allowance) 1. Topographic Survey $3,080.00 2. Warranty Phase $5,300.00 Sub -Total Additional Services Fees Authorized $8,380.00 Total Authorized Fee $120,880.00 Note: 1. The fee depends on the value of the delivery orders issued. The following compensation table will be used to determine the fee; COMPENSATION TABLE Construction Cost of Delivery Order $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 A/E Fee $3,750 (Flat Rate) 10.0% 6.25% 5.5% 5.0% 4.75% * If the average value for a delivery order is $150,000 then the total basic services fee would be as follows: $5,500,000/3 = $1,833,333 (available for each consultant) # Delivery orders = $1,833,333/$150,000 = 12 Fee = 12 orders x $150,000 x 6.25% = $112,500 EXHIBIT "A" Page 4 of 4 EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS CITY -WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY I INDEFINITE QUANTITY PROGRAM PROJECT NO. E12161 Delivery orders will be prepared by one of three (3) AE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP TASK LIST BASIC SERVICES 1. Preliminary Phase (NIA) 2. Design Phase (NIA) 3. Bidding Phase (NIA) 4. Construction Phase — Basic Construction Phase Services a. Perform standard construction phase services for each delivery order as described in Exhibit "A ". The Construction Phase fee will be billed as delivery order improvements are constructed at the rates shown in the Compensation Table in Exhibit W. Deliver Orders a. Engineer will perform site visits, review video inspections, and meet with City to identify wastewater collection system issues and the possible rehabilitation options. b. Engineer will submit a "draft" version of each non - emergency delivery order for the City's review and comment prior to issuing the final delivery order. c. Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineers estimate, and any other reference material that may aid the Contractor during construction including video inspection reports, City work orders, old plans, etc. d. The Delivery Order allowance will be billed, at rates shown in the Compensation Table in Exhibit "A ", as the final delivery orders are issued to the Contractor and are assumed to be limited to a max of 30 separate delivery order packets for the base 2 -year contract. The fee is based on the one -third (113) of the 2 -Year base contract budget of $5,500,000.00. EXHIBIT "A -1" Page 1 of 2 ADDITIONAL SERVICES 1. Topographic Survey a. Topographic survey is not anticipated to be needed on most deliver order sites, except where horizontal and/or vertical control is critical for the design and construction of the proposed improvements to avoid potential conflicts, and/or to confirm slopes, etc. b. The Topographic Survey allowance is based on one (1) 8 -hr day of (2 -man) field crew work and is sufficient for up to one (1) site. 2. Warranty Phase a. Engineer will prepare a list of all sites completed at the end of each 12 -month period for the City and recommend acceptance of the sites and commencement of the warranty period. All listed sites will have the same completion date and warranty expiration date. b. Engineer will provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list. c. The Warranty Phase allowance is based on two (2) 12 -month warranty periods. EXHIBIT "A -1" Page 2 of 2 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) 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, 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, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY K1Engineertng D=Ex&ange%JENKIFERIF0RM51Exhibit 8 for Large.dom $1,000,000 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 Which Complies with the Texas Workers Compensation Act Ua EXHIBIT Page 1 of 3 C. In the event of accidents of any kind, 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, 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. 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). Consultant 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. Consultant 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 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: 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 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. EXHIBIT "B" Page 2of3 K*nginoering DataExdmge LIENNIFERIFORMSSExhibit 8 for Large.docx 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 contract. 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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 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 MEngineering DateExchangeWENNIFERTORMSV Exhibit B for Large.docx omo z c � O a�� m all N N o CCZZ a v � v o � c O O � e d- .. a 'o C W z c � O W �OOOC N N C4 CCZZ a Z o v 'O 0 O p NIm- p p g d o °n o V Z .0 st C6 C O V m N m r C*4 C4 a °o° a o o g LO o 0 o p NIm- p p g g o °n o st C6 W to % 4% to o�QOO�o 0 000�ppp�pp�Opo oaao�c°> to 40 d4 cm O cm O 00 ti o g N moo N M 40 oo O N O N O m H m H m H N ci 00 O O O p o 6% N a p P P m p m G i_ N O p N N 4& N N 6 � N co Hy t3 H co m �. Z► o co 3 � a x co E a v � ° ° m CL coC.)co owco c'* EXHIBIT "C" Pa 9 1 of SUPPLIER NUMBER TO BE ASSIGNED BV-CITY- PURCHASING 61VISION' CITY OF CORPUS CI-11RISTI CitV Of Car Pus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires ail persons or firms seeking to do bLls'lneSS With tile CitV to rovide the following int"ormation. F'veD, (Mestioll must be answered. If tile question is not'appricable, answer with '"NA-. See reverse sale for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering STREET ADDRESS: 2725 SNvantner CITY: Corpus Christi ZI P: F I RIM 1S: 1. Corporation 11 2. Partnership 2T 3. Sole Owner E] 4. Association u 5. Other L1 DISCLOSURE QUESTIONS If additional space is necessan,,, please use tile reverse side of this page or attach separate sheet. 1. State tile nalnes of each -employee" of tile City of Corpus diristi havint4 ail -o%vnership interest'* constituting 3% or more of the ownership in the above named - firm. Nanic Job 'ride and cilN 4 Department (if knoxvii) 2. State the narnes of each -official- ol"the City of Corpus Christi having ail -mvnership interest" constituting 3 )% or more or the ownership in'the above named c� Name mm 3 .5. State tile names of each -board member" of the City of Corpus Christi having ail -ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board. Commission or 4. State tile names of each employee or officer of -consultant- for tile City of` Corpus Christi who worked oil any matter related to the subject of this contract and has an -ownership interest" constituting 3% or more of tile ommership in the above named "firm... Name consultant 78404 FILING REQUIREMENTS 11'a person who requests official action oil a matter knows that tile requested action ",III contleran economic benefit can any City official or employee that is distinguishable from tile effect that the action will have oil members al carat substantial segment thereof, you ,,hall nibers ofthe public in general disclose that fact in a signed writing to the City official, enipio ee or body that has been requested to act in tile Matter, unless the interest of the City official or employee in the matter is apparent. The disclosure ,hall also be made in a signed writing filed with the City Secretary. f -,ihics Ordinance Section 2-349 (d)] CERTIFICATION I R, 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: Sionature of Certifying Date: M j-- 4-- 2a!3- Person: DEFINrriONS a. "Board member." A member of any board, commission, or committee appointed by the City Council ofthe City of Corpus Cliristi.TCIMS. ll. "Economic benefit". An action that is likely to all'ect an economic interest if it is likely to have an effect oil that interest that is distinguishable front its effect oil members of the public in general or a substantial segment thereof. c. "Employee.'* Any person employed by the City of Carpus Christi. Texas either can as full or part-time basis, but not as tan independent contractor. d. 1`inn." Any entity operated for economic gain. whether professional, industrial or commercial, and whether established to produce or deal with a product or sciA ice, including but not limited to, entities operated in the florni of sole proprietorship, as self-employed person, partnership. corporation, joint stock company, joint vent-ure, receivership or trust, and entities %vhich for purposes of taxation are treated as noti-profit organizations. e. -Official.- The Mayor, members of tile City Council, City Nlanager, Deputy City Manager. Assistant City Managers. Department and Division Heads. and Municipal Court .fudges of the City of Corpus Christi, Texas. E -Ownership Interest.*' Le Y gai or equitable interest. whether actualK or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held'* reflers, to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreenictits." aro -Consultant.-Any person or firm, such as engineers and architects. hired by Elie City of Corpus Christi for the purpose of professional consultation and recommendation. i • z O -a--� C'r) - ----�+ r--� � N � N V � O � U w -C:L v V� _ .- C o� uW I ArE� 7,qq;7z Ld Ld 0 I�j a M F- C\l C\l w; • i E i cn N .O cn cn co C: � N � X � N N � O .-. 4-0 N Co C: cn O U � N C: O CL _O O N � � N U N U O .� co Kii r 00 00 00 00 00 00 00 00 00 00 0 00 0 00 0 00 0 m 0 ccoo m 0 m 0 oI-zi ° cfl 06 0 O OO O � N O O 0 N CO N � N 6c3 LO 6c3 ti 6c3 � 6c3 J O) O N N _ � O Q O O O) O W N N O U N O O W 0 0 N U O Li J m i N Cri 06 0 O Q a L N 0 Q C/) W O o o ci O L U 06 >, U D T (D Z O U C—/) W U O c6 W c: O U a> W c6 c6 c6 c6 U O L W U O i 0 Z � � N O E J Z aj S D LL O U O U O U O U O U O U N 0 N Q� O F Q m Kii AGENDA MEMORANDUM Future Item for the City Council Meeting of February 26, 2013 1852 Action Item for the City Council Meeting of March 19, 2013 DATE: February 5, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Motion approving the Sanitary Sewer Collection Line Construction and Reimbursement Agreement with 15T Investments, LLC, developer /owner of Lot 2, Block 13, Airport Industrial Subdivision CAPTION: Motion approving the Sanitary Sewer Collection Line Construction and Reimbursement Agreement submitted by 15T Investments LLC ( "Developer /Owner"), in the amount of $63,794.00 for property located at the south side of State Highway 44; east of Heinsohn Road and west of North Padre Island Drive (SH 358), including all related appurtenances. PURPOSE: 15T Investments, LLC, will install 1,196 linear feet of 10 -inch wastewater collection line extension to provide adequate wastewater to a proposed warehouse development. BACKGROUND AND FINDINGS: Per Section 8.5.2.E Credits and Reimbursements of the Unified Development Code ( "UDC "), 15T Investments, LLC, is requesting a Reimbursement Agreement for the development of Lot 2, Block 13, Airport Industrial Subdivision Block, as shown on the final plat. The subdivision is located along the south side of State Highway 44; east of Heinsohn Road and west of North Padre Island Drive (SH 358). The development requires the extension of 1 196 linear feet of 10 -inch wastewater collection line in order to provide adequate wastewater to the property. The subject property will be served by a proposed 10 -inch PVC wastewater line which will connect to an existing 8 —inch wastewater at the northend. A layout of existing and proposed improvements is included as Exhibit C. ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: Per Section 8.5.2.E.2.e defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending wastewater and water to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY /NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance 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: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Location Map Exhibit B: Final Plat Exhibit C: Proposed Improvements Layout Exhibit D: Application for Water Line Credit Exhibit E: Application for Wastewater Collection Line Reimbursement Exhibit F: Disclosure of Interest Exhibit G: Sanitary Sewer Collection Line Construction Distribution Main Extension and Reimbursement Agreement Z w z J U) I (89£ HS) 3AINa QNdISI 38CIVd HIMON o O NOSSI9 NOSHIO O! 0- 0' OL ¢ O D' t 4. Co r w W NHOSNI3H H N W Z L3 a 1213fi1d1 ti O O O z� S '.,, _ < U ii ,� U O I u c 3 I '< C3 It: j 2 lesc Is I -AlK aN17SI HiaON N < 9 7 ME! 8-n Z E5 13 . . . . . . < M D < IF % Z'j FL ] k=� LY LL- 5N�2 H < < g Lu L7 CL z 71 L F Q 5- g -NIM 2 Vzi ly HE SlOf ad N Le m -C :D In 'CS 'C 'A 'S�o _2 Z. M�1273SS9� 2 F '9 YQUIE 3D ND11241L CC Sc '160I 3 C E 1 C... I�S cc co Jr n9E 8 = IS JCEe9£ CO C/D �8 Cl >-]El 'N--isi,,\iaEns 7VI�iSnClNl iKd�1117 J d a '00 'CPOT P" 'C C e7 1v1 z u 313Z3N3a Ni co tE gy u xn o 'snI,Nr7 N Nr]Dr' a 'a---- D. 6,El .1 'al ijvdl J, 92 8b Es d 'L p C C2 A81- 1139SM 0 1, >=9 ai 99' 93 8 3HI akno- a -CCc 9 X uj U A F- O Z � O pi. p Lo Z w M O � _ U � AGNES ST. w z ' N PROP A 8" WTR ~� � J HWY 44 w � ca w w va J Z 2 ¢ O � O O LD Z N Z H w " SITE" PROP 10" SS LINE EXHIBIT SH ❑WING OFFSITE SANITARY SEWER AND WATER IMPROVEMENTS, AIRPORT INDUSTRIAL SUBDIVISI ❑N, BLK 13, LOT 2 1' = 800' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027 -00, TX ENGINEERING REG. NO. F -52, FILE: EXB -1, JOB NO. 12048, SCALE: 1 " = 60' PLOT SCALE: SAME, PLOT DATE: 10/10/12, SHEET 1 OF 1 Exhibit C APPLICATION FOR WASTE WATER CREDIT We, 15T Investments, LLC, P.O. Box 261037, Corpus Christi, TX 78426, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2, hereby apply for $12,758.80 credit towards the waste water acreage fee for the collection line Extension in conjunction with said subdivision as provided for by City Ordinance No. 17092. $ 95,899.56 is the construction cost, including 11% Engineering and Surveying, as shown by the cost supporting documents attached herewith. By: Title: E J-1 41— Date: THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me ont 2013, by (Name), Lp-1 - {Title), of 15T Investments, LILC, a Texas Corporation, on behalf of the said corporation. KATRINA MARIE WILLIAMS Notary Public, State of Texas IdL, 1h/e State of T my Commission Expires July 08, 2014 M 07HOT191 APPLICATION FOR WASTE WATER REIMBURSEMENT We, 15T Investments, LLC, P.O. Box 261037, Corpus Christi, TX 78426, owner and developer of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2, hereby request reimbursement of $63,794.00 for the installation of the waste water collection line in conjunction with said lot, as provided for by City Ordinance No. 17092. $95,899.56 the construction cost, including 11 % Engineering and Surveying, as shown by the cost supporting documents attached herewith. By: Title: President Date: February 4, 2013 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Februa.a 4, 2013 , 2013, by Steven Tipps (Name), President _(Title), of 15T Investments, LLC, a Texas Corporation, on behalf of the said corporation. =KATRINA =MARIE WILLIAMS Notary Public, i= N bl , St f T to 0 Texas Notary Public, State of Texas f M M C My Commission nE Expires JU ly 08, 201 4 y Commission Expires July 08, 2014 CERTIFICATION Public ir04 for Nueces Counj�, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Exhibit E (Date) AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOT 2 OFFSITE WASTE WATER REIMBURSEMENT ITEM NO. ITEM QTY. UNIT UNIT PRICE 1 10" PVC PIPE 1196 LF $50.00 2 4' DIA. MANHOLE 4 EA $6,350.00 3 TRENCH SAFETY 1,196 LF $1.00 SUBTOTAL 'FEE VALUE = 8.35 AC X $1,528/AC = $12,758.80 MAXIMUM AMOUNT REIMBURSEABLE ITEM 50% x FEE VALUE OF PROP x AVERAGE PIPE DIAM. 0071110719 Engineering and Surveying 11% SUBTOTAL Less Fee Value of Property' TOTAL 0.5 x 12,758.80 x 10= 1/14/2013 SS1 EST.XLS AMOUNT $59,800.00 $25,400.00 $1,196.00 $86,396.00 $9,503.56 $95,899.56 - $12,758.80 $83,140.76 AMOUNT $63,794.00 WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, and 15T Investments, LLC ( "Developer /Owner "), a Texas limited liability company. WHEREAS, the Developer /Owner, in compliance with the City's Unified Development Code ( "UDC "), has a plat, approved by the Planning Commission on July 18, 2012, to develop a tract of land, to wit: approximately 8.354 acres known as Lot 2, Block 13, Airport Industrial Subdivision, located on the south side of State Highway 44, east of Heinsohn Road, and west of North Padre Island Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer /Owner is responsible for construction of the wastewater collection line extension ( "Wastewater Extension "); WHEREAS, under the UDC, the Developer /Owner is eligible for reimbursement of the Developer /Owner's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer /Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer /Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer /Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: EXHIBIT G Install 1,196 linear feet of 10 -inch PVC pipe; 2. Install four (4) 4 -foot diameter manholes; and 3. Install 1,196 linear feet trench safety b. The Wastewater Extension must begin at the northwest corner of Russell Farm Block 6 and extend east along the south side of State Highway 44 approximately 1,765 feet to the existing wastewater line at the northwest corner of Gibson Lane and North Padre Island Drive (SH 358). c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer /Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer /Owner shall acquire and dedicate to the City the required additional public utility easements ( "Easements "), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer /Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer /Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER /OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer /Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by February 28, 2014. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default a. Developer /Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer /Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal Page 2 of 7 EXHIBIT G c. Developer /Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer /Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer /Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before February 28, 2014 f. Either the City or the Developer /Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should the Developer /Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer /Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer /Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer /Owner by reducing the reimbursement amount due to the Developer /Owner. e. In the event of an uncured default by the Developer /Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and /or 3. Perform any obligation or duty of the Developer /Owner under this Agreement and charge the cost of such performance to the Developer /Owner. The Developer /Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer /Owner receives notice of the cost of performance. In the event the Developer /Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal Page 3 of 7 EXHIBIT G f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer /Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer /Owner: 15T Investments, LLC Attn: Steven W. Tipps 13513 Camino De Plata Ct. 78418 P. O. Box 261037 Corpus Christi, Texas 78406 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469 -9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal Page 4 of 7 EXHIBIT G b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer /Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer /Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer /Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the Developer /Owner the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $63,794.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer /Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer /Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer /Owner and at a time when there has been a partial completion and /or partial payment for the improvements, then the City shall only reimburse the Developer /Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal Page 5 of 7 EXHIBIT G OFFICIALS, EMPLOYEES, AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 8.354 acres known as Lot 2, Block 13, Airport Industrial Subdivision, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer /Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer /Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer /Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer /Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals this day of ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: Elizabeth Hundley Assistant City Attorney CITY OF CORPUS CHRISTI Wes Pierson Assistant City Manager, designee of the City Manager , 2013 Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal EXHIBIT G 120 Page 6 of 7 for the City Attorney 15T INVESTMENTS, LLC 0 STATE OF TEXAS § COUNTY OF § Steven W. Tipps Manager This instrument was acknowledged before me on , 2013, by Steven W. Tipps, Manager, 15T Investments, LLC, a Texas limited liability company, on behalf of said company. Notary Public's Signature Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal Page 7 of 7 EXHIBIT G ti O O O z� S '.,, _ < U ii ,� U O I u c 3 I '< C3 It: j 2 lesc Is I -AlK aN17SI HiaON N < 9 7 ME! 8-n Z E5 13 . . . . . . < M D < IF % Z'j FL ] k=� LY LL- 5N�2 H < < g Lu L7 CL z 71 F g -NIM 2 Sc a@ E SlOf ad N Le m -C :D I I z ll 16 M�127T 'CS 'C 'A 'S�o _2 3SS9� 2 F '9 YQUIE 3D ND11241L CC cl',—D '160 7 3 C E 1 C... I�S cc Jr n9E 8 = IS JCEe9£ CO C/D Cl >-]El 'N--isi,,\iaEns 7VI�iSnClNl iKd�1117 J d a '00 'CPOT P" 'C C e7 1v1 z u 313Z3N3a Ni co tE gy u xn o 'snI,Nr7 N Nr]Dr' a 'a---- D. 6,El .1 'al ijvdl J, 92 8b Es d 'L C2 A81- 1139SM 0 1, >=9 Bc ai 99 993 8 IM3- a -CCc IS3M T- x uj APPLICATION FOR WASTE WATER REIMBURSEMENT We, 15T Investments, LLC, P.O. Box 261037, Corpus Christi, TX 78426, owner and developer of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2, hereby request reimbursement of $63,794.00 for the installation of the waste water collection line in conjunction with said lot, as provided for by City Ordinance No. 17092. $95,899.56 the construction cost, including 11 % Engineering and Surveying, as shown by the cost supporting documents attached herewith. By: Title: President Date: February 4, 2013 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Februa.a 4, 2013 , 2013, by Steven Tipps (Name), President _(Title), of 15T Investments, LLC, a Texas Corporation, on behalf of the said corporation. =KATRINA =MARIE WILLIAMS Notary Public, i= N bl , St f T to 0 Texas Notary Public, State of Texas f M M C My Commission nE Expires JU ly 08, 201 4 y Commission Expires July 08, 2014 CERTIFICATION Public ir04 for Nueces Counj�, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Exhibit 2 (Date) U A F- O Z � O pi. p Lo Z w M O � _ U � AGNES ST. w z ' N PROP A 8" WTR ~� � J HWY 44 w � ca w w va J Z 2 ¢ O � O O LD Z N Z H w " SITE" PROP 10" SS LINE EXHIBIT SH ❑WING OFFSITE SANITARY SEWER AND WATER IMPROVEMENTS, AIRPORT INDUSTRIAL SUBDIVISI ❑N, BLK 13, LOT 2 1' = 800' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027 -00, TX ENGINEERING REG. NO. F -52, FILE: EXB -1, JOB NO. 12048, SCALE: 1 " = 60' PLOT SCALE: SAME, PLOT DATE: 10/10/12, SHEET 1 OF 1 Exhibit 3 AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOT 2 OFFSITE WASTE WATER REIMBURSEMENT ITEM NO. ITEM QTY. UNIT UNIT PRICE 1 10" PVC PIPE 1196 LF $50.00 2 4' DIA. MANHOLE 4 EA $6,350.00 3 TRENCH SAFETY 1,196 LF $1.00 SUBTOTAL 'FEE VALUE = 8.35 AC X $1,528/AC = $12,758.80 MAXIMUM AMOUNT REIMBURSEABLE ITEM 50% x FEE VALUE OF PROP x AVERAGE PIPE DIAM. Exhibit 4 Engineering and Surveying 11% SUBTOTAL Less Fee Value of Property' TOTAL 0.5 x 12,758.80 x 10= 1/14/2013 SS1 EST.XLS AMOUNT $59,800.00 $25,400.00 $1,196.00 $86,396.00 $9,503.56 $95,899.56 - $12,758.80 $83,140.76 AMOUNT $63,794.00 6W CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRST NAME: 15T Investments, LLC STREET: 5901 State Hwy 44 CITY: Corpus Christi m3m;`�• FIRM IS: E]l . Corporation ❑2. Partnership 03. Sole Owner E]4. Association FZ]5, Other Limited Partnershi 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) None None 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 None None 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 None None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm". Name Consultant None None CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Steven Tipps (Type or Print) Signature of Certifying Person: Exhibit 5 Title: Member Date: 12/13/2012 0 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of February 26, 2013 1852 Action Item for the City Council Meeting of March 19, 2013 DATE: February 15, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289 -0171 ext. 1213 Airport Parking Facilities Management Agreement CAPTION: Motion authorizing the City Manager, or designee, to enter into a parking Facilities Management Agreement with Republic Parking System, Inc. ( "Republic ") to manage, operate, maintain, and collect revenues for the City of Corpus Christi ( "City ") from parking facilities located at the Corpus Christi International Airport, in consideration of a management fee of $9,583 per month to be paid to Republic by the City, for a term of five (5) years. PURPOSE: The contract proposed is to convert the Airport Parking Management Program from a City staffed program to a third -party contractor. BACKGROUND AND FINDINGS: Historically the Airport Parking Program has been operated utilizing City staff. The Industry trend has been to contract this program out to allow for flexibility and financial investment by the selected contractor. In exchange for the contract and the investment, the contractor is paid a monthly management fee. In this Bid, the Contractor is required to pay the City $400,000.00 for capital investment. The Management Fee to be paid to the Contractor is $9,583.00 a month. Under this program, all of the Direct Costs as authorized by the City are reimbursable at cost and all revenues received from the parking activities are deposited with the City. The City will approve all expenses budgeted on an annual basis. The $400,000.00 investment is to be used for improvements at the sole discretion of the City. Any unused amounts revert to the City upon expiration of the Contract. All parking policies, rates and hours of operation are at the sole discretion of the City. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This project complies with City Privatization Initiatives and City procurement and contracting policies. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Purchasing Finance 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 $38,332 $536,648 $574,980 Encumbered / Expended Amount This item $38,332 536,648 $574,980 BALANCE Fund(s): Airport Comments: The $38,332 financial impact shown above represents management fees that will be encumbered for four (4) months of the current fiscal year. The remaining $536,648 represents fifty -six (56) months of management fees that will be requested during the normal budget process in future fiscal years. RECOMMENDATION: Staff requests approval of Motion. LIST OF SUPPORTING DOCUMENTS: Motion Republic Parking Agreement City of Corpus \ \� ■� ; « � . : ■» �� ;� «�� � #. � #. # A ISS A101 Lei ~ ATOJ 10 19 =I A FIT » A. Owl, �?# i� * #� :■ ~ � � \: ? a \ �� EXHIBIT A� Recitals ARTICLE 1: Scope of Agreement ARTICLE II: Definitions ARTICLE III: Term ARTICLE IV: Premises ARTICLE V: Rights Granted and Obligations Undertaken ARTICLE VI: Financial Consideration & Operating Expense EXHIBIT H: Reimbursement ARTICLE VII- Revenue Control and Capital Reserve Account ARTICLE V111- Parking Management and Operations ARTICLE IX: Books, Records, Accounting and Audit ARTICLE X- City's Duties ARTICLE XI: Contract Personnel ARTICLE X1 I: Indemnification and Insurance ARTICLE XIII- Termination ARTICLE XIV: Assignment or Sub-Contract ARTICLE XV: General Covenants ARTICLE XVI: Subsequent Contract EXHIBIT A� Property & Facilities EXHIBIT B: Parking Plaza Designated Office Space EXHIBIT C: Desimated Parking Facilities EXHIBIT D: Monikly Management Fee Schedule EXHIBIT E: Existing Revenue Control Equipment EXHIBIT F: Required Reports Summary EXHIBIT G: Parking Lot Operations- Current City Program EXHIBIT H: Minimum Insurance Requirements EXHIBIT 1: Loan Amortization Sc"ule Page 2 of 38 Parking Lot Management Agmt 2-4-13 V 1,04 Eel A A "I I I THIS AGREEMENT made this day of _, 2013, by and between the City of Corpus Christi (CITY) and Republic Parking System, OP incorporated in the State of Tennessee and whose corporate address; is 633 Chestnut Street, Suite 2000, Chattanooga, Tennessee 37450, lam WHEREAS, the CITY owns and operates the Corpus Christi International Airport (AIRPORT); and WHEREAS, the CITY determined it is necessary in the promotion and accommodation of air commerce and air transportation that adequate, economical, courteous, safe, clean, and efficiently operated automobile parking facilities be maintained for the benefi' 1 of air travelers, employees, tenants, visitors, contractors, and others; and WHEREAS, the CITY determined that for the benefit of air travelers and others, the CITY will provide and manage parking facilities-, and WHEREAS, the CITY determined it is in CITY's best interest to contract with a third party operator for the management of the parking facilities with sufficient experience and competence "in revenue parkinq operations; an� 'TTHEREAS, the CITY determined that Republic Parking System, I is the successful bidder for the obligation to manage, operate and maintain the short term public parking lot, the long term public parking lot, other parking facilities as determined by the CITY, and the parking lots associated with the Fixed Base Operators (FBOs) during the term of this agreement at the Corpus Christi Airport. NOW THEREFORE, in consideration for occupancy of the Premises and of the charges, fees, covenants, rights and obligations contained herein, the parties agree to all conditions as follows- Page 3 of 38 Parking Lot Management Agmt 2-4-13 The Operator must perform all obligations, conduct all activities, and comply with all statements and representations made in its response to the Request for Bids (RFB), including any refinement submitted in response to the CITY's solicitation of competitive bids for the rights granted under this Agreement, as finally accepted by the CITY. This includes all documents generated in the solicitation, competition and award of this Agreement, including but not limited to: the Request for Statement of Qualifications, Instructions to Bidders, the Bid, responses to the specific evaluation criteria and all Policies and Procedures Manuals, Schedules, Action Plans, Programs and all other documentation required in this Agreement, along with any suppotrig documentation. In the event of conflicts within the documents, the Terms of this Agreement shall apply. Wilig Nato In The following definitions apply for this Agreement: A. Airport Parking Service: The activity of providing vehicle parking for Airport employees, contractors, visitors, the traveling public, and other customers doing business at the Airport. & Agreement: This Parking Facilities Service Management Agreement, together with the Exhibits, Request for Bids and all addenda, the Operator's bid in response to the Request for Bids and all other attachments and exhibits thereto, and all future amendments or supplements which may be executed by the parties to this Agreement C Agreement Term and Option Period: Subject to the early termination provisions as called for in this Agreement, the Base Term of this Agreement shall be for • period of five (5) years commencing • May 1, 2013 and terminating on April 30, 2018, with one three (3) year Option period exercisable upon mutual consent. Parties must agree and exercise the Option on or before January 1, 2018 or this Agreement will terminate as called for in this Agreement and the Option offer will be cancelled. D. Airport. The real property and facilities of the Corpus Christi International Airpo as they exist on the date of the commencement of this Agreement, as may be alter from time to time. The real property and facilities of the Corpus Christi Internation Airport shown on Exhibit A, attached to and made a part of this Agreement. 11 Automobile: A wheeled, self-propelled vehicle in which any person or prope r� may be licensed for use upon a public road or highway. F. Base Term: Five (5) years commencing on May 1, 2013 and terminating on April 3Q, 2{18. Page 4 of 38 Parking Lot Management Agmt 2-4-13 G. Director of Aviation (Director): The senior executive manager or his/her designee of the Department of Aviation. This term may be used interchangeably with the term "CITY" in executing provisions of this contract unless specifically excluded. H. Disadvantaged Business Enterprise (DBE): A business certified by the Tex Department of Transportation as a disadvantaged business enterprise as defined in CFR, Part 23. !!I F! !1311111! 11151511 1 1 11 J. Fiscal Year: The CITY's fiscal year that currently begins on August 1" and ends July 31 st of any given year. 1. The term "Gross Revenues" includes the following: a. All Operator sales for either cash, checks, or credit payments for parking, lost ticket charges, or any other fees collected from users of the facilities, for which the applicable fees are collected or should have been collected, except those exclusions identified in this Agreement, from any business conducted in whole • in part on the Airport • under the rights granted in this Agreement. Operator is responsible for reporting and remitting to the CITY the full value of the fees due and payable as determined by the parking management control system. Any shortfall between the reported amount due and the actual deposit will be the responsibility of the Operator to pay. Any complementary parking granted by the Operator without the prior written approval of the Director shall be paid for by Operator upon demand by CITY. b. Revenues for all services performed in, on, or through the business, including electronic commerce, advertising, and vehicle impounds or sales of vehicles, conducted under this Agreement shall be remitted in their entirety to the CITY. This includes all other income and proceeds from or incidental to any business conducted in whole or in part in, on, or in connection with the rights granted under this Agreement. 2 The Operator will not deduct from Gross Revenues any franchise, capital stock, 'income, or similar tax based on income or profits. The CITY will not reduce the amount of the Operator's Gross Revenues that results from any rebate or credit, in any form, allowed to clients without the prior written consent *f the Director of Aviation. L. Man vigpAgement Fee: The agreed to non-direct cost reimbursement fee that is paid Page 5 of 38 Parking Lot Management Agmt 2-4-13 to the Operator as compensation for managing and operating the Parking Facilities. M. 'Office and Ancillary Space: Space within the Airport the CITY provides the Operator under this Agreement at no charge for use in support of the management of the Parking Facilities. This space is shown on Exhibit B, attached and is made a part of this Agreement. Any space required in addition to the Space identified in Exhibit B will be assessed rent at the applicable rate. N. Operations Written instructions, rules, and conditions detailing operation and management of the Parking Facilities required under Article loll (PARKING MANAGEMENT AND OPERATIONS) and attached as Appendix 1 and made part of this agreement. O. Option Term: The Term may be extended following the end of the Base Term as defined in the Terms of this Agreement for one three (3) year Option Term upon mutual agreement. P. Parking. Facilities: . Those areas shown on Exhibit C, attached to and made a part of this Agreement, including any adjustments or expansions thereof as may be designated by the CITY for vehicle parking to meet the demands of air travelers, employees, contractors, vendors, tenants, visitors, and others; together with gate arms and the associated equipment, software and hardware„ parking lot covers, bumpers, guards, signs, ticket booths, and any improvements related to or connected with the operation and management of the identified parking area. Q. Premises: This term includes all areas identified in Exhibits B and C, including the office space, public parking facilities, tenant lots, and/or the other areas designated by the CITY during the Agreement Term for Operator's use and benefit which may be amended from time to time. R. Revenue Control„System_The existing and any future computer and software based access control system which may be provided to the Operator by the CITY including or funded by the Operator under the terms of this Agreement, including, but not limited to, ticket dispensing machines, entrance and exit gate equipment, electronic access control systems (if applicable), revenue collection devices, electronic cash registers, intercoms, radios, and revenue accounting and reporting hardware and software. ARTICLE Ill TERM A. This Agreement is effective on May 1, 2013. The CITY grants the Operator the rights listed in Article V (RIGHTS GRANTED AND OBLIGATIONS UNDERTAKEN) for a term of five (5) years terminating on April 30, 2018 unless terminated earlier as called for in this Agreement. Page 6 of 38 Parking Lot Management Agmt 2-4-13 B. —The CITY, upon mutual agreement by the parties, may extend this Agreement for one (1) three (3) year Option period year beyond the end of the Base Term. C. No later than three hundred sixty five (365) days prior to the expiration of the Base Term, the Operator may request an extension of this Agreement subject to the financial terms being adjusted at the discretion of the CITY, until April 30, 2021, which may be granted upon mutual consent of the parties. Parties must agree to and execute the extension • or before January 1, 201& D If the Agreement is extended as outlined above, the Operator agrees to perform during the Option Term in accordance with the terms and conditions herein, as may be modified with regard to financial consideration as agreed to by the parties and without further negotiation of the remaining terms and conditions of this Agreement. order to avoid an interruption of service to the public or revenues to the CITY, and to facilitate the fair and orderly selection of, and transition to, any successor Operator, by written notice to the Operator, not less than one hundred twenty (120) days before the end of the Base Term or Option Term, the CITY may require the Operator to continue to operate the Parking Facilities as set forth in this Agreement beyond the end of the Base Term (if an extension period is not granted) under this Article III (TERM), Section C above or the Option Term. This "holding over" term will ncd exceed one hundred twenty (120) days. The management fee and terms and conditions will be the same as if CITY had exercised the option, prorated on a daily basis and paid monthly. CITY will give sixty (60) days written notice of cancellation of partial term. F. If the Operator falls to submit the required performance bond on or before the required date herein, the twenty five thousand dollar ($25,000) bid security submitted to the CITY with the Operator's Proposal for this Agreement will be forfeited to the CITY as liquidated damages. The forfeiture of the proposal deposit does not relieve the Operator r from the obligation to provide a performance bond if selected. A. The CITY will deliver the Premises, as defined above, to the Operator on the Effective Date of this Agreement. The Operator accepts the Premises in their present condition and "as is/ where is." The Operator acknowledges that the CITY's obligation is limited to initially making the Premises identified in Exhibits B and C available to the Operator for its use. B. The CITY reserves the right to add additional or modify existing surface parking areas to accommodate parking requirements at the Airport. The CITY reserves the right to reconfigure, delete, or add public or tenant parking areas to be managed and operated by the Operator and adjust the contract proportionately when considering the adjusted number of positions as it relates to the total number identified in the original contract if the total number of stalls is adjusted by ten percent (10%) or more. No Page 7 of 38 Parking Lot Management Agent 2-4-13 adjustments shall be made for interim changes as a result of construction or other infrastructure improvements. Such rights may be exercised by the CITY at any time 4uring the Base Term or the Option term (if exercised), of this Agreement by giving the Operator no less than ninety (90) days written notice of the CITY's intention. 1 The CITY, by it officers, employees, agents, representatives, and contractors, has the right of access to the Premises at all times for the purpose .*,f revising the automobile parking spaces, changing or rearranainQ the entrances and exits, usi�ng--temporarily or permanently—such portions necessary for making improvements and repairs to the Premises and other Airport facilities; and for the installation of improvements, service roads, or other facilities necessary for the operation and maintenance of the passenger terminal area or the vehicle parking areas. 3. The CIT"T agrees that if any additional personnel, equipment, or supplies are necessary for expanded parking areas, Such items will be proposed to the CITY it a proposed written amendment and approved in writing by the Director #f Aviation prior to budget submission and implementation, 15�. The CITT agrees that by executing this agreement the Operator is no-T precluded from submitting a bid proposal for any alterations or construction of any future parking areas. ARTICLE V fla V WTS-GRAVFT�VD The CITY grants the Operator the authority to exercise the following rights subject to the obligations under this Agreement: Wlrll�* I �011 The right and obligation, under the terms of this Agreement and subject t Crection by the CITY, to manage and operate the Premises in an efficie manner, to ensure quality service and effective control, and to use the office 1 connection with the management and operation of the Corpus Chri International Airport Premises only, These rights and obligations are to b performed in an efficient manner to ensure quality service and effective revenu control. These rights do not entitle the Operator to collect any revenues relate to parking areas not included with the Premises that are designated by the CIT for rental car operations or to create or develop new parking areas or facilitie Although these obligations will not diminish during the Agreement Term, th specific areas to which they apply may, in the CITY's sole discretion, diminish expand as provided for in this Agreement with an appropriate increase decrease in current budget. Page 8 of 38 Parking Lot Management Agmt 2-4-13 rMs M I . The right of ingress and egress and to occupy the Premises by the Operator, its officers, contractors, suppliers, service personnel, guests, patrons, and invitees for the specific purposes set forth herein, subject to the Airport's regulations and policies. 2. The right to limit any subcontract or joint venture role in the administration of the contract, subject to prior written consent of the CITY. Such subcontract or joint venture Agreement must require, at a minimum, strict compliance with the provisions of this Agreement. The Operator agrees that it is responsible for the operational and financial performance of its subcontractors and joint venture partners under this Agreement. The Operator agrees to initiate and take all corrective action should a subcontractor or joint venture partner fail to comply with its contract with the Operator or any provision of this Agreement. The failure of a subcontractor or joint venture partner to comply with the provisions of this Agreement shall constitute default by the Operator under this Agreement entitling the CITY to terminate in accordance with the provisions herein. C -Reservations and Prohibitions- 1 The Operator will not sell any service or product not described in this Agreement without the advance written consent of the CITY which shall be granted at the sole discretion of the CITY. 2. The operator will not operate or have any interest in any off-airport parking facility that will compete with the Airport Parking Facilities. Failure to adhere to this restriction shall be considered an element of default with the remedies due the CITY as called for in this Agreement. ARTICLE VI FINANCIAL CONSIDERATION & OPERATING EXPENSE REIMBURSEMENT A Management Feei As compensation for managing and operating the Parking Facilities, the CITY will pay the Operator an annual management fee payable on a monthly basis. The monthly management fee shall be based on the annual management fee submitted in the Operator's Bid for each term year and as prorated for each month in Exhibit D, hereto attached and made part of this agreement, The monthly management fee will be reduced by any charge or liquidated damages stipulated in this Agreement and assessed by the CITY, The CITY will pay the net monthly fee within twenty one (21) days following receipt of the Monthly Activity Report for the month in which services are rendered. B Operating Expense Reimbursement Report: By March Vt of each year during the Term of this Agreement, Operator shall submit to the Director a detailed budget for Page 9 of 38 Parking Lot Management Agmt 2-4-13 I 1 . Annual Operating Budget: The Operator will prepare and submit for written ?,pproval a detailed annual budget a minimum of sixty (60) days prior to commencement of the Agreement and by March I for each succeeding year under the Term of this Agreement covering the Operator's anticipated Paid Parking Facilities operating expenses including those listed under Article Vill (PARKING MANAGEMENT AND OPERATIONS) for the period commencing May 1 2013 through April 30, 2018. 2. The Annual Operating Budget will include all eligible direct expenses the Operator seeks authorization for and the estimated Management Fee for thd normal operation of the management of the Parking Facilities, and will be based on staffing levels approved by the CITY. The Operator will submit a staffing plan for CITY approval with each annual budget. (See Exhibit E attached to this Agreement, for a sample format.) The CITY reserves the right to amend thq staffing plan and hours of staffing at its sole discretion with thirty (30) days written notice to Operator. 3. The Annual Operating Budget shall include all direct operating expenses required under the terms of this Agreement to operate the parking program according to the speccations provided. Operator shall speccally identify following additional items, which the Operator will provide at its direct cost- a. All licenses, permits, fees, and business taxes necessary to conduct business. • ad quarters (Operator's home office) costs and expenses of Page 10 of 38 Parking Lot Management Agmt 2-4-13 legal, administrative, bookkeeping, executive personnel and company officials. c. The cost of insurance and bond coverage (excluding Worker's Compensation insurance and insurance costs for surveillance personnel) required by this Agreement, including insurance dedLJCti*leS. d. Travel and direct travel related expenses for employees authorized under this Agreement. The following costs shall be EXCLUDED from any reimbursement from the CITY and shall be at the sole cost of the Operator: the Operator or its employees shall be at the sole ® of thS b. Professional memberships for the Operator or its employees. c. Funds needed to establish a cashier's change bank. d. Charitable or political contributions. e. Amounts due the CITY because of cashier shortages or lost, stolen, or unaccounted for funds. f. NSF check and IOU amounts resulting from failure to use proper procedures. 1 . The Operator will maintain tickets, reports, and other source documents to standards approved by the CITY in writing and contained in the Operations Manual. The CITY has the right to audit operations during the Term of this Agreement and for a period of two (2) years following the termination of the Agreement as called for herein. If the CITY finds that the Operator has not complied with the terms of this Agreement and any approved operating standards and such failures are not remedied following written notice and a cure period not to exceed ten (10) calendar is as provided for herein, the Operator will pay liquidated damages of fifty dollars ($50.00) per day, for the first three calendar days, each day it takes to bring the records into compliance, After the first three calendar days of noncompliance, the Operator will pay liquidated damages of two hundred fifty dollars ($250.00) per day for each day it takes to bring the records into compliance. If at the end of the fifth calendar day, the source document cannot be located, it will be declared lost. The total cost for a Page 11 of 38 Parking Lot Management Agmt 2-4-13 lost source document will be the sum of the five-day liquidated damages; six hundred fifty dollars ($650). Neither the assessment by the CITY nor the Payment by the Operator of liquidated damages will release the Operator from the full actual damages to the CITY for any failure to maintain required documentation. Liquidated Damages are; due and payable upon demand and failure to pay shall be considered a default under this Agreement. Liquidated damage assessments will be due and payable upon demand. 2, The Operator will pay the CITY any monies lost due to negligence, audit adjustments, theft, or unaccounted for tickets, as addressed in Subsection 3 below. Additionally, the Operator will pay interest as called for in this Agreement on these amounts from the time they are due until the time they are collected, The interest charged will be the then-current legal rate established for post- judgment interest allowed by the City of Corpus Christi. 1 The Operator will pay the CITY the prevailing 24 -hour charge for public parking in the short term lot, for each unaccounted-for ticket over 0.3 percent (.003 times the total number of tickets issued) of the total tickets issued each month. Unaccounted-for tickets are defined as the difference between the actual vehicle count taken, plus the tickets issued, minus the tickets collected, and the qctual following day's vehicle count. 4. The Operator will conduct a physical inventory of all vehicles in the publ and tenant Premises each night, beginning after midnight, A report of suc inventory will be sent electronically no later than 12:00 p.m. each following da The CITY may assess and, if assessed, the Operator will pay liquidate damages of one hundred dollars ($100) per day for each day such inventon are incomplete or are not taken, unless the inventory requirement is waived i writing in advance by the CITY or if such failure in not remedied as provid herein. Any waiver will not be construed as a waiver of any subseque incomplete inventory or failure to inventory. The inventory will be by stat( license number, and location by lot of the automobile; and will be used f( processing lost ticket transactions, locating "lost" automobiles, and establishint the day's "'beginning inventory count." Liquidated damage assessments will b due and payable upon demand, 5. The Operator will pay liquidated dlamages as provided in this Article for a material violation of this Agreement without reimbursement from the CIT following written notice and a cure period not to exceed ten (10) calendar •a as provided for herein. Without the CITY limiting or waiving any of its other leg or equitable remedies, the CITY shall have the right to assess liquidate damages in an amount not to exceed one hundred dollars ($100) per day p occurrence for failure to comply with the requirements of Article IX (BOOK ' RECORDS, ACCOUNTING AND AUDIT), and Article X1 (PERSONNEL;) if n remedied as provided herein. The Operator and the CITY stipulate that if the are three (3) violations and written notices within any twelve month period dutlil I I r n of Page 12 of 38 Parking Lot Management Agmt 2-4-13 the Term of this Agreement, that the CITY reserves the right to terminate this contract without liability with thirty (30) days written notice, The CITY reserves the right to withhold the Liquidated Damages from the Operator's expense reimbursement under Article V1 (FINANCIAL CONSIDERATION & OPERATING EXPENSE REIMBURSEMENT) if not paid upon demand or to draw against the Performance Bond. In the event funds are drawn from the Performance Bond, the original amount must be replenished within five (5) days upon written notice of such draw down. Liquidated damage assessments will be due and payable upon demand. E. Procurement Process, The Operator will follow the established CITY's Purchasing and Contracting Policies and Procedures to ensure receipt of competitive market rates for goods and services within the scope of the existing monthly and annual budget. The competitive process must include soliciting bids from at least three vendors for goods and service in excess of five hundred dollars ($500i) for all items approved in the annual authorized budget. Purchases of goods and services that are not budgeted and costing more than $500 must have prior written approval of the Director or designee in order to qualify for reimbursement, Supporting documentation of the solicitation of competitive prices and receipts for all purchases of over $500 will be kept by the Operator in accordance with the requirements in Article IX (BOOKS, RECORDS, ACCOUNTING AND AUDIT) for a period of two (2) years following the completion of the Agreement. Page 13 of 38 Parking of Management Agrnt 2-4-13 budget unless prior written approval is received from the CITY. G. Subsidies and Grants: Any subsidy or monetary grant the Operator receives from a government agency for participating in a ii 44 program for persons employed by the Operator or programs operated in conjunction with this Agreement will be deducted from the annual budget and not elble for reimbursement, H. Supporting Documentation: The CITY has the riaht to request data from the Operator to support any budget item(s) and to require moi ifications to the budget. Upon writ�ten approval from the CITY, a budget will be considered adopted. fhe CITY reserves the right to adjust approved budgets at its sole discretion at any time during the contract year. ARTICLE VII REVENUE CONTROL AND CAPITAL RESERVE ACCOUNI A, Initially, the CITY will provide and the Operator will maintain cashier's booths, necessary entrance and exit gate equipment, ticket dispensers, gates, automobile detection and counting equipment, cash registers, a revenue control management system for assessing and collecting ii indicators required for the effective management of the Parking Facilities in an "as is, where is" condition. Maintenance for the items listed in this paragraph will be provided by the Operator. in addition, the CITY will provide necessary hand-held units, computers, software, and printers necessary for the revenue control system and automobile audits. Page 14 of 38 Parking Lot Management Agmt 2-4-13 manufacturer's recommended maintenance program. Authorized maintenance costs shall be reimbursed with approved monthly expenses in accordance with Article VI (FINANACIAL CONSIDERATION & OPERATING EXPENSE REIMBURSEMENT) of this Agreement, C. General- Gross Revenues from the operation • the Parking Facilities and any other services offered in conjunction with this Agreement are public funds • the CITY's Corpus Christi International Airport Revenue Fund and will be held in trust by the Operator, segregated from the Operator's non-trust funds, while the funds are in the Operator's custody and control and deposited into CITY funds as called for in this Agreement. If any Gross Revenue is lost, stolen, unaccounted for, or otherwise unlawfully removed from the custody and control of the Operator, the Operator remains responsible for the revenue, and will deposit a like sum of monies in an accounti designated by the CITY within forty-eight (48) hours after discovery of such loss, theft, or unlawful removal. If the loss, theft, or unlawful removal is insured or otherwise secured by the Operator, any payment made to the CITY • the insurance company, bonding company, or other, will be reimbursed to the Operator. D Collection and Deposit of Revenue: Operator will be responsible for providing daily cash requirements for making change for the customer and the cash balance must be reconciled daily, Following termination of the Agreement as called for herein, the cash will revert to the Operator. The Operator will collect, hold in trust for the CITY, account for, and deposit all Gross Revenues derived from the operation of the Parking Facilities under this Agreement. Deposits will be made daily to the bank account designated in writing by the CITY. Arrangements for; deposits, including the use of bonded armored transport if required, will be subject to the prior written approval of the CITY. All deposits will be credited to the Corpus Christi International Airport Revenue Fund. The Operator will submit payments and deposits free from any claim, demand, setoff, or counterclaim of any kind against the CITY. The CITY will share all necessary account deposit, credit card account and verification records with the Operator to allow for appropriate checks and balances of the parking revenue. E. FBO Parking Area: The Operator has no rights related to the collection of any revenues or rent related to the FBO parking areas as designated by the CITY. The CITY has the sole responsibility for collection of all fees, payments and other charges related to the CO F parking areas, Operator shall administer the authorized inbound, outbound, and parking activities only. F. Rate Policy: The Operator will charge users of the Parking Facilities only the rates established in writing by the CITY and will permit complimentary use of parking spaces only as may be authorized in writing: by the Director, In the event Operator provides complimentary use of any Parking Facilities under its control and management, Operator shall be responsible for providing the lost revenue to the CITY and it shall not be eligible for reimbursement. The CITY may revise the parking rates at any time; during the term or any extensions of the term of this Agreement and will give written notice to the Operator of any such change along with the effective date of the Page 15 of 38 Parking Lot Management Agmt 2-4-13 change. If Operator fails t• implement adjustments as i •i: in writin I Oi_ ! i i_ • ii i " i ` i i • - • • ` - •- r the actual revenue received and the projected revenue based on the amended f schedule. Payment will be due and payable upon demand. G Cash Overages and Shortages: If the Operator charges any user a price' excess of the established rate, the amount by which the actual charge exceeds t established rate will constitute a cash overage which will be returned to the user, whe possible. If it is not possible to return overages i the user, upon •! lization of subsequent i ! demonstration of : iiii faith effort to perform ii- be due the CITY and included within the next scheduled deposit and identified as unreturnable • overage. 1 . If the Operator charges any user a price which is less than the established schedule of rates, the amount by which the actual charge is less than the established rate schedule, unless proven to be r mechanical or software error of the revenue control system, it will constitute a cash shortage. Any shortage will be identified as y: shortage on '' cashier's `ii • 2. Each day, the Operator will account for and report the total overages and/or shortages for the last 24-hour period. At the end of each calendar month, the Operator will calculate the month's net cash overages and shortages. The daily net figures for overages and shortages may offset each other, however, if there is a net monthly deficit due to shortages, the Operator will deposit the difference due and payable upon demand. If, in the CITY's sole discretion, there are unreasonable shortages on a daily basis, the CITY may make the Operator responsible !' .ice and take any other action deemed necessary. decides the CITY the Operator is resii i _ for r amount of •i- • shortage it reimbursed to the Operator. . Further, overages and shortages will not offset each other at any time except on the above - mentioned basis, The monthly figures will not be netted annually. H. In the event there is a default of any obligation contained within this Article attributable to Operator's employee(s) assigned to the Airport, the City shall notify Operator in writing of the default within a reasonable period of discovering the default. Operator have calendar days to cure or • default, terminate Operator falls to cure the default, the City shall have the right to either cure the default and charge the cost of the cure plus a fifteen percent (15%) administrative fee and/or attributable ti Operator's malfeasance such as . misappropriation of funds, shall then the City ! • the right to immediately terminate the Agreement no recourse by Operator. Nothing in this provision shall be construed as a waiver of the City's right to pursue any legal or equitable remedies available at law or as provided in Article ("Termination"). Page 16 of 33 Parking Lot Management Agt 2 - -13 ARTICLE Vill PARKING MANAGEMENT AND OPERATIONS If H� N. Quality of Service: In the performance of its service at the Airport, the Operatar will maintain a high degree and standard of professionalism. In particular, the Operator will comply strictly with the following conditions and requirements- 1 i Operate the Parking Facilities in accordance with the highest standards 9.nd practices of the automobile parking trade in the region; 2. Conduct its operations in a quiet, orderly, and courteous manner, so as not to annoy, disturb, or offend customers, users, employees, or tenants of the Airport-, 1 Provide and maintain sufficient materials, supplies, merchandise, a equipment to ensure a high standard • parking service-, B. Automobile Impoundment: The Operator will report monthly to the Director any vehicle which has been parked in the same location in the parking lots in excess of thirty (30) consecutive days, The Operator will not impound any vehicle without the prior written consent of the Director. If the Operator impounds • has removed any vehicle without the written approval • the Director, Operator shall be solely liable for all damages and claims made by the owner. If approved by the Director, the Operator will perform the following: I . Initiate the appropriate action, as described in the Operations Manual, leading to the impoundment of an automobile as, soon as the automobile exceeds the maximum length of stay, the automobile leaks fluids, or the automobile is in an unsafe condition (i.e. broken windows, eitc), Operator will be responsible for action taken • arrangements made in connection with the impoundment of automobiles, assume all liability associated with the removal, and coordinate any impoundment with Airport Operations. 2. Follow all applicable statutes, laws, and ordinances regarding the impoundment and removal of automobiles. The Operator will be fair, reasonable, and nondiscriminatory when dealing with the impoundment of automobiles, 3. Advise the Director immediately in writing of the location of the impound I to which vehicle has been removed. I Page 17 of 38 Parking Lot Management Agmt 2-4-13 C. Maintenance and Operations: The responsibilities outlined in this Section apply to all areas of the Premises, unless an area is specifically exempted herein. Specifically, but not by way of limitation, the Operator shall provide for the maintenance and: operation functions described as follows: I. General Operations- a. Each automobile entering the Parking Facilities will be charged for parking space use at the then current applicable rate, except when directed in writing by the CITY. Individuals or automobiles entitled to free parking will be identified in a manner and method agreed by both parties and wi�ll not be charged for using the Parking Facilities. b. The Operator will safeguard all equipment and furnishings provided • the CITY and return them to the CITY in good working condition, normal wear and tear excepted, upon termination of this Agreement, If damage or destruction to equipment is caused • the Operator's negligence, and is not covered by insurance, the Operator will bear all direct and indirect costs of repair • replacement. Such costs incurred • the Operator are not reimbursable under this Agreement and are due and payable upon demand. 11 U. The CITY may replace equipment or perform other capital improvements • the Premises during the Term of this Agreement. Operator agrees to cooperate with CITY in the coordination of any such improvements and to use its best efforts to minimize the effects • the improvements • the ongoing operation. d. The Operator will respond to an emergency situation by following adopted emergency procedures as directed by the CITY. If any emergency arises for which there is no written procedure, the Operator will exercise the judgment of a prudent parking facility operator, keeping in mind the it interest of the CITY and the public. Subsequent to the exercise of judgment ® to an emergency, the Operator shall immediately notify the Director of Aviation verbally and follow up in writing of the nature of the emergency and judgment. Subsequent to the notice, the Operator will endeavor to work with the CITY to create a standard operating procedure for similar future instances, e. The Operator will inspect the Premises • an agreed to schedule and inform the CITY in writing in a timely manner of any needed maintenance or repairs required on the Parking Facilities for which the CITY is responsible, f. The Operator will notify the CITY in writing prior to applying for any Page 18 of 38 Parking Lot Management Agmt 2-4-13 government subsidy • money grant related to the Operator's management or operation of the Parking Facilities. g. This Agreement neither grants the Operator the right to provide or perform any other business or commercial activity at the Airport or related business off Airport that competes with the on Airport contract nor does it grant the Operator the right to use the trademarks, symbols, trade names or name of the Airport, either directly • indirectly, in connection with any production, promotion service or publication without the prior written consent of the CITY. 2. Maintenance & Repair: Any expenses anticipated in order to com P'y w'J the provisions • this Section shall be included in the Operator's annus budget submission. a. The Premises will be maintained in a clean, safe, sanitary condon, free from any accumulation of rubbish, litter, debris or garbage by providing janitorial, cleaning and trash removal for the assigned office space, and storage areas • the parking facilities, Areas will be cleaned on a daily frequency commensurate with traffic and assigned functions. Rubbish will be disposed of in a clean and sanitary manner by placing in approved containers at locations des,ignated by the CITY. The Operator will have use of the existing trash receptacles and will provide an adequate quantity of additional or replacement trash receptacles as needed for all surface parking areas and as agreed to by the CITY. The containers must be approved in writing by the Director prior to purchase to ensure uniformity throughout the Airport. b. Operator will use its best efforts to keep all structures occupied by the Operator on the Premises free from rodent infestations. Where rodents are found, Operator will notify the CITY immediately and CITY will promptly request extermination services be performed by approved processes that will not be injurious to human health. After treatment, proper precautions will be taken to keep future re-infestations. In the even i infestation is caused by the negligence of the Operator, the cost of treating the infestation will be charged to the Operator and due and payable upon demand C. The Operator will replace any burned out light bulbs in the assigned *ffice space and customer service booths. The CITY will replace all light bulbs that are intended to provide public fighting in the surface lots and lighting bollards. The Operator will notify the CITY of any damaged light poles, fixtures and burned out ballasts in the assigned areas. The disposal *f light bulbs will be coordinated with the Airport Maintenance, 41. The City will maintain and replace, when necessary, a Page 19 of 38 Parking Lot Management Agmt 2-4-13 communication system to enable communications between the parking contractor and dispatch. e. The Operator shall immediately report to the CITY any structural damage in the Premises. f. The CITY will provide and pay for a telephone system in Operator's office spaces and any other communication system necessary to perform the obligations of this Agreement. The telephone service will include; any local connections required to perform the tasks identified in this Agreement, such as credit/debit card processing, and the operation of the revenue control system and any other computer services used by the Operator. The Operator shall pay for long distance charges assigned to the Operator's system due and payable upon demand. 9- The right to construct and install fixtures, equipment, and other improvements necessary to manage the Parking Facilities as authorized and required under this Agreement is subject to prior written approval by the Director, 3. Office Space, Exit Plazas, and Equipment: Any expenses anticipated order to comply with the provisions of this Section shall be included in t Operator's annual budget submission. I a. The Operator is responsible for maintaining the interior surface coating and paint • the customer service booth and office space made available for the Operator's use in this agreement. The CITY will paint the interior of the; office space not less than once during the Base Term and *nce during the Option Term. Timing shall be coordinated with the CITY. b. The CITY is responsible for maintaining and repairing the carpet in the office space and customer service booths when needed as determined by the CITY. c The Operator is responsible for maintaining, repairing, and replacing all light bulbs, fixtures and lamps; in the office space and customer service booth, excluding the electrical systems as indicated herein as a CITY responsibility, cl As directed by the CITY, the Operator is responsible for notifying the CITY of the need for repairing the intercom system used for communication between the entrance lanes and exit plazas. e. The Operator is responsible for providing, maintaining, repairing and replacing any appliances (microwaves, refrigerators, stoves, etc.) approved by the CITY in the office space as needed. Appliances provided Page 20 of 38 Parking Lot Management Agmt 2-4-13 are not eligible for reimbursement. III I III �iliiil 11 1 - i I a ,t. The CITY is responsible for maintaining, repairing and, if necessary-, replacing all furniture in the customer service booth and administrative Wice as deemed necessary by the CITY. h The Operator will immediately report any problems or potential problems with the HVAC, plumbing or electrical systems to the CITY ir their assigned Premises, i. The Operator will ensure continuous op • of all entrance and exit equipment. The Operator will maintain personnel levels necessary to ensure sufficient service levels to exiting passengers, The details of the personnel requirements will be described in the Operations Manual. In the ,-vent of a malfunction of the automated equipment, Operator shall manually staff all positions and process customers to the best of its ability. ffli wwrg 1 M I 10. go rol 1 The Operations Manual shall include, at a minimum, the following- Hours of Operations General Operating and Management Policies Customer Service Policies Cash Control, Accounting, and Audit Procedures Lost Ticket Procedures Employee Job Descriptions Employee Training Guide Page 21 of 38 Parking Lot Management Agmt 2-4-13 2. The Director of Aviation shall have the sole discretion to determine the Operator's compliance; with any Operations Manual used. If there are any inconsistencies between the Operations Manual and this Agreement, the provisions of this Agreement govern unless agreed to in writing by the Director of Aviation. E. Health and Safety: The Operator is responsible for reporting all health a safety issues to the Airport affecting its operation and/or that comes to its attention. ARTICLE IX BOOKS2 RECORDS, ACCOUNTING AND AUDIJ F111. Maintenance of Books and Records: The Operator will keep full and accurate, books and records which show all Gross Revenues and all costs of operation of the Parking Facilities. All books and records will be kept in accordance with generally accepted accounting principles, acceptable to the CITY, and in accordance with the Operations Manual approved by the CITY in a location agreed to by the CITY. The Operator's books and records must, in the determination of the CITY, enable the Operator to accurately report, and the CITY to easily check, payments due the CITY under this Agreement, The maintenance of books and records described in this Article shall be reimbursed by the CITY and shall be included in the proposed annual budget submitted by the Operator. 1 . • used in this Agreement, "books and records" include, without limitation, general ledgers, revenue journals, register tapes, cashier reports, ticket stock, daily or periodic summary reports, daily and monthly reports, bank deposit slips, bank statements, credit/debit card service statements, tax reports • federal, CITY and local agencies and contractual Agreements with third parties (including subcontractors and joint venture partners) • the Airport that contract for services with the Operator. The CITY, or its designee(s), shall have access to the above referenced records at all times regardless of the media in which the i*for,m.qt1o# is store-i. 2. The Operator will keep and maintain records in a separate set of books devoted exclusively to the Operator's operations at the Corpus Christi International Airport. Such books, ledgers, journals, accounts, and records will contain all entries reflecting the Operator's business transacted under this Agreement. All such books, ledgers, journals, accounts, and records will be, and remain, the property of the CITY and will be open to inspection by the CITY Page 22 of 38 Parking Lot Management Agmt 2-4-13 within three (3) working days upon demand. The operator shall retain all "books and records" in accordance with applicable Texas record retention laws, which may be amended from time to time. 3. The Operator will maintain all source documents including, but not limited • used/voided parking tickets, cash register tapes, cashier and daily reports, deposit slips, and automobile inventories at a location approved by the Airport and in the manner determined by the CITY. 4. The entire Operator's "books and records" required by this article must be submitted in terms of United States of America currency. Operator will deposit into CITY's account all revenue received including foreign currency and the City will make any necessary currency conversions. The CITY will report back to the Operator the amount in United States of America currency once any required exchange is performed to allow accurate accounting of revenues. M�= � 1 D ily: On the 1 st business day following the day of deposit, the Operator gL _ must submit to the CITY a reconciliation of Gross Receipts Report, Required information and format will be approved by the CITY. 2. Monthly- The Operator must submit to the CITY the following monthly reports by the 1 Oth day of each month: a. ActivitV Report: A Monthly Activity Report shall be submitted within ten (10) calendar days following the end of the month signed by the authorized representative of the Operator of all Gross Revenues collected during the preceding calendar month. Each report must reflect the total revenue generated by the Parking Faces, as well as revenue generated by each lot (i.e. short-term, long-term, employee, economy, and so forth). This report will include a summary of operating expenses for both the Parking Facilities and an invoice for the amount to be reimbursed. The summary report will be accompanied by evidence of disbursements, as well as invoices including receipts for petty cash. The certified activity report will include credit for employee benefits collected from the CITY bul not paid to the employee because the employee was terminated prior to being eligible for benefits. b. Parking Activity_ Report: A summary of parking activity for the preceding month. The parking activity report will include monthly validations and total amount, lost tickets and total amount, number of free parking activities, refunds, and number of automobiles exiting each lot by the following categories: free, hourly, daily, other, tenant, and total. The CITY reserves the right to adjust the information required in the Activity Report. Page 23 of 38 Parking Lot Management Agmt 2-4-13 1 Annually: ITithin sixty (60) days after the end of each fiscal year, the Operator will submit an audited Annual Report reflecting all of the Operator's A usiness in connection with the operation of the Parking Facilities. The report will be prepared by an independent Certified Public Accountant. All budgets, invoices, activity reports, etc., will be delivered or mailed to: Director of Aviation, Corpus Christi International Airport, 1000 international Blvd., Corpus Christi, Texas 78406. The cost of the audit shall be submitted as a cost in the annual buIli" t and will be a reimbursable expense provided it is within the budgeted allowance unless prior written approval is obtained from the Director. C Additional Informatlow In addition to the reports and records specifically requir-0 A y this Article, the Operator will provide to the CITY any other financial or statistic reports that the CITY may require during the Agreement Term and summarized Exhibit H hereto attached and made part of this agreement. D. Audit: The 0!a ' )rator's books and records must enable the Operator to accurately report, and the CITY to easily verify revenues due the CITY and expenses to be reimbursed by the CITY, All books, ledgers, journals, accounts, and records will be open for examination, audit, and copying by the CITY, during ordinary business hours. Unless specifically authorized by the CITY, the Operator will keep all such books, records, and supporting data at the Airport. If the Operator has approval to keep certain records at a location outside the City of Corpus Christi, Texas, the CITY will have the option of either having the necessary books and records transported to • location on the Airport for examination, audit, or copying and delivering the records to the CITY. The CITY reserves the right to conduct an audit at any time through the Term of the Agreement and the Option term if exercised. ARTICLE X lg!lll'I� � ` A i A � A. Provide and maintain in good order and condition all drainage and lighting fixtures, and furnish electricity for lighting of parking lots facilities. B. Maintain the parking lot surfaces (including painting and striping), the parking facilities, perimeter fencing, chains and bollards, landscaping, and other fixed facilities necessary to the parking operation. C. Maintain the surface area pedestrian walkways, curbs, and landscaping within the Premises as identified in Exhibits B and C. W-311111 1191 K111 F. we] M M 11-127, M. E. Remove and dispose of grease, oil drippings, stains, spills, and other foreign Page 24 of 38 Parking Lot Management Agmt 2-4-13 lm� F, Clean and maintain the drainage areas. G. Provide and repair the signage in the parking areas except for signage relating to the pricing. H, Sealing and patching the parking areas, and maintaining and repair of curbs, sidewalks, asphalt and concrete in the parking areas. I, Provide office space on the Airport for use by the Operator as identified in Exhibit B. J. Approve all parking tickets for use in the Parking Facilities as deemed necessary by the Director of Aviation. The Operator will use no other tickets except as approved by tWe CITY. K. Maintain all general purpose lighting in the lots. Loose rubbish, litter, debris or garbage shall be picked up from around parked vehicles, fences, garages, and surface parking areas daily, and disposed of in accordance with all local, City, and federal regulations. WF I om 1 - The Operator shall at all times during the Agreement Term retain a qualified, competent and experienced full-time General Manager (hereinafter referred to as "Manager") of its operations for the Parking Facilities authorized under this Agreement, This Manager shall be responsible to ensure the following� (i) maintain the Premises at the Airport in neat and orderly condition-, and (ii) shall be on-site at the Airport during regular business hours excluding holidays, vacations and sickness. The Operator shall provide the CITY with Page 25 of 38 Parking Lot Management Agent 2-4-13 written notice within thirty (30) it of the Effective Date indicating the name, business, home, pager and cellular telephone numbers, and business address of such Manager. The Manager will have no other duties beyond supervision of the Airport's Parking Management Contract and will serve as the primary point of contact with the Director of Aviation or designee. At all times the Manager is not on duty, a qualified subordinate must be id'entified and available on the Premises, Prior to appointment of the Manager during the Term of this Agreement, Operator shall make the candidate available to airport management for an interview prior to assignment to the contract. Operator will take into account the feedback of airport management in the final selection of the Manager candidate. 2. The Manager designated by the Operator shall be the Manager for a minimum of one (1) year from the Commencement Date of the Agreement, unless terminated for cause or removed as provided for in this Agreement or in accordance with the Operator's personnel policies. The Manager shall have no #ther assigned responsibilities to the Operator other than to act in the capacity as Manager herein unless prior written approval is received from the CITY. the CITY is not satisfied with Operator's selected Manager's performance or a replacement Manager's performance, the CITY shall notify Operator in writing setting forth the CITY's position. Within twenty (20) days of receipt of any such notice, the Operator shall respond in writing, detailing the corrective action taken to resolve the CITY's co*certs. 4. If during the Agreement Term, the Operator desires to change its Manager, it may do so only after written notice to the CITY. The notice shall include the name, business, home, pager and cellular numbers, business address of the replacement Manager and effective date of the .ii!intment following the recruitment process outlined in paragraph 1 above. B. Surveillance Personnel: If requested by the CITY, the Operator will provide unarmed surveillance personnel as requested by the Director of Aviation. Surveillance personnel will provide lot surveillance, direction, and information for the public in the Parking Facilities during such hours and on such days as the Director of Aviation approves. Such services will include, but will not be limited to, directing the patron to available parking stalls and lots, manning vantage points to advise as to the availability of parking spaces, directing the flow of traffic at lot entrances and exits and to serve as a deterrent to automobile theft, vandalism, and other mischief. Activities of surveillance personnel are subject to the direction of the Director of Aviation through the Operator's General Manager. Observed theft, vandalism, and other mischief will be immediately reported to the CITY. All expenses including insurance costs related to surveillance personnel only will be reimbursed by the CITY. Note- With prior written approval from the CITY, the Operator may contract survelliancr- personnel to a licensed and bonded security company. I Page 26 of 38 Parking Lot Management Agmt 2-4-13 C. Office Personnel: The Operator will provide sufficient office and accounti personnel to ensure the proper and efficient conduct of the business. I D. Operating Personnel: The Operator will provide customer service boo representative and other personnel at a staffing level and schedule as approved writ�ing by the CITY, in the determination of the CITY, to operate the Premises and adequately serve the needs of the public using the Premises. I E. Operator will control the conduct, demeanor, and appearance of its officers, agents, employees, and representatives. The Operator will train its employees to render a high level of courteous and efficient service to parking patrons. It is the Operator's responsibility to maintain close supervision over such employees to ensure the highest standard of service. The training program must be approved in writing by the CITY prior to the commencement of the service, F The Operator will require all of its employees to be dressed in neat, clean—, identifiable uniforms when on duty at the Airport. The uniforms used will be subject to the written approval of the Director • Aviation. The Operator will also require all on-duty personnel to wear identification badges approved by the Director of Aviation. G Operator will not knowingly employ any person in connection with the work authorized under this Agreement who has been convicted in a court of competent jurisdiction for theft • misappropriation of funds. Operator will perform appropriate background investigations on potential employees to comply with this section at its sole expense. Findings of the investigations will be kept by the Operator in the employee's personnel file and made available to the CITY upon demand. Hi The Operator will pay its employees at a level not less than the general prevailing rate of wages for like work performed in the Costal Bend Area of Texas. The Operator will also ensure that its employees have hours and working conditions comparable to those customary for similar work performed in the Costal Bend Area of Texas. 1. The Operator will not divert or cause to be diverted any business from the Parking Facilities located at the Airport. J. Neither the Operator nor its employees, without the prior written permission of the CITY, will enter or drive any automobile which has been placed on the Premises by a self-parking customer. Page 27 of 38 Parking Lot Management Agmt 2-4-13 A&TICLE X11 INDEMNIFICATION AND IINSURANCE 1 . Operator shall post with the City a performance bond to be maintained for the duration of the Agreement and any extension thereof in the amount of two hundred and fifty thousand dollars ($250,000). The financial guarantee may be in the form of a bond, letter of credit from Operator's banking institution or a cashier's check payable without recourse to the City of Corpus Christi. If Operator submits a bond, then that bond shall be issued by a surety company acceptable to the City. It is the responsibility of the Operator to ensure that the performance bond does not expire and ensure that the renewal bond 'is received by the City before the previous bond's expiration. Expiration of the bond shall result in Three Hundred Dollar ($300,00) penalty per month until a new bond is received. B. Indemnification, Page 28 of 38 Parking Lot Management Agmt 2-4-13 fl. - Minimum Insurance Requirements are outlined in Exhibit %� Insurance. I a A. Termination: 1 . The CITY has the right to terminate this Agreement in its entirety and recover possession of the Premises, upon written notice to the Operator, if any of the following events occur: a. The occurrence of any act or omission on the part of Operator which deprives it of the rights, powers, licenses, permits, and authorizations necessary for the lawful and proper conduct and operation of the services and activities authorized under this Agreement-, • The filing • or against the Operator • any bankruptcy petition either voluntary • involuntary, • the making by the Operator of any assignment for the benefit of creditors, either of which actions will terminate this Agreement and bar the passing hereunder of any benefits • creditors, assignees, or transferees • the Operator. The abandonment, discontinuance, or assignment by the Operator, without written consent of the CITY, of any or all of the operations and services permitted or required by this Agreement, except as provided in this Agreement; c Failure of the Operator to account for and pay to the CITY any of the Gross Revenues the Operator owes to the CITY within three (3) calendar days following written notice from the CITY,- d. Failure of the Operator to pay any shortage when required by the CITY to do so within three (3) calendar days following written notice from the CITY; Page 29 of 38 Parking Lot Management Agmt 2-4-13 e. Failure of the Operator to comply with the CITY approvEs Operations Manual or perform any obligation of this Agreement within ten (10) calendar day cure period unless the cure period is otherwi specified in this agreement. i f. Deterioration of services for a period, which in the sole determination of the CITY, materially and adversely affects the operation of the public service required to be performed by Operator under this Agreement; provided, however, that the CITY will notify the Operator in writing of the; services or operations requiring remedy and give ten (10) calendar days in which to correct the problem or to enact such corrective 2,cfiolis 2. Upon termination by the CITY, all rights, powers, privileges and authority granted to the Operator under this Agreement will cease immediately and the Operator agrees to vacate the Premises used or occupied by it in connection with its operation under this Agreement and to leave the space In its original condition, normal wear and tear excepted. Any repairs required to return the space to that condition will be provided by the CITY and the cost of such repair plus a fifteen percent (15%) administrative fee will be invoiced to Operator and due and payab e upon demand. Termination of the Agreement will not represent a waiver of this requirement. 3. If this agreement is terminated prior to the end of the Base Term other than for reasons of default and under the provisions of this agreement, the CITY shall reimburse the operator for the balance remaining on the equipment and/or improvements fund less any amounts due the CITY as called for in this Agreement. Any remaining value; shall be prorated to the nearest month. 4. The exercise by the CITY of the remedies and rights provided in this Agreement will not be exclusive but will be cumulative and will not affect any other legal rights oir remedies available to the CITY. B. CHT's Right of Re-enta: ■ an additional remedy, upon giving written notice of cancellation or termination, the CITY has the rIQht to re-enter any part of the Premises on the effective date of cancellation • termination without further notice of any kind, remove all persons, and regain and resume possession either with or without the institution of summary or legal proceedings or otherwise. Any re-e;ntry or regaining or resumption of possession, however, will not in any manner, affect, alter, or diminish any of the obligations of the Operator under this Agreement. 1 . Operator may terminate this, Agreement and all • its obligations under this Agreement at any time if one • the following events occurs, provided that only Page 30 of 38 Parking Lot Management Agmt 2-4-13 a. The refusal of any governmental agency having jurisdiction over the flight operations at the Airport, to grant or permit all carriers operating from the Airport the right to regularly operate into and from the Airport, for a period exceeding ninety (90) days because of the condition, maintenance, or inadequacy of the Airport; or c The breach by the CITY of, or its failure to perform, any of the covenants or agreements contained in this Agreement, and the failure of the CITY to remedy or to commence the corrective action the breach for a period of thirty (30) days after receipt from the Operator of a written notice of the breach. D. 'Tacation of Premises by Operator: The Operator will yield and peaceably deliver possession of the Premises to the CITY on the date of the cessation of this Agreement, whether the cessation be by termination, expiration, or otherwise. The Premises will be delivered promptly and in a condition similar to that which existed at the commencement of the term of this Agreement except for reasonable wear and tear arising from use of the Premises to the extent permitted elsewhere in this Agreement and any damage resulting from causes over which that the Operator has no control. E. 1 ransition at Termination, Cancellation, • Expiration: 1 . The CITY and the Operator mutually agree that on the termination, cancellation, or expiration of this Agreement, the CITY has the right to award any subsequent Agreement to the most favorable proposer by any legal means available to the CITY. 2 The Operator agrees that it is not practical or possible to predict exactly what the transition schedule or procedures should be to best serve the needs of the traveling public and the CITY when this Agreement terminates, is cancelled, or expires. Therefore, the Operator agrees that the CITY has the right to determine what the transition schedule and procedures will be so that the needs of the traveling public and the CITY are best served. 3. The Operator agrees to cooperate and to diligently execute the transition plan as determined by the CITY, to abide by the time schedule, and to cooperate completely, with the CITY and the succeeding Operator in carrying out the transition plan. ARTICLE XIV ASSIGNMENT OR SUB-COW-T A. The Operator will not mortgage, hypothecate, or otherwise encumber or assign the rights granted under this Agreement, nor will the Operator subcontract, in whole or Page 31 of 38 Parking Lot Management Agmt 2-4-13 in part, without the prior written consent of the CITY. Any attempted assignme mortgage, hypothecation, subcontract, or encumbra�nce of the rights, or other violatio of the provisions of this article, will be null and void and confer no right, title, or intere in or to this Agreement nor right of occupancy of the whole or any part of the Premis upon any such assignee, mortgagee, encumbrance, pledge, or other lien hold subcontractor, successor, or purchaser. I B Any proposed assignment or subcontract must be submitted to the CITY in four (4) copies, each bearing the original, notarized signature of all parties. All covenants and provisions in this Agreement extend to and bind the legal representatives, successors, and assigns of the parties. C. The CITY will not unreasonably withhold its consent to an assignment of this contract by the Operator to a corporation resulting from a merger or consolidation with or reorganization of the Operator, to a corporation purchasing all or substantially all of the assets of the Operator, or to any corporation which controls or is controlled by or is under common control with Operator. For purposes of this subsection, "control" of any corporation will be deemed to be vested in the person or persons owning more than fifty percent (50%) of the voting power for the election of the board of directors of the corporation. W A. Affirmative Action: The Operator will undertake any affirmative action program required by 14 CFR, Part 152, Subpart E to insure that the Operator will not exclude any person from participating in any employment activity covered by 14 CFR, Part 152, subpart E on the grounds of race, creed, color, national origin, or sex. The Operator will not exclude any person on these grounds from the participation in or the receipt of the service or benefit of any program or activity covered by the subpart, The Operator further understands that it will require its covered sub organizations to provide assurances to the CITY that they will also undertake affirmative action programs and require assurances from their sub organizations, as required by 14 CFR, Part 152, Subpart E. B. Applicability of City and State Statutes: All terms of this Agreement will be governed by and be subject to the provisions of laws of the State of Texas and the ordinances of the City of Corpus Christi and State of Texas Statutes, Any dispute between the parties to this Agreement will be brought in the courts of the County of Nueces, State of Texas. C. App )val by CITY, The CITY will not unreasonably withhold any approval required under this Agreement. Page 32 of 38 Parking Lot Management Agmt 2-4-13 Proposals, Instructions to Proposers, the Proposal, Proposer's Affidavit, Proposer Questionnaire, proposal deposit, and any addenda, are a part of this Agreement, and each of the parties does expressly covenant and agree to carry out and fully perform all R f the provisions in each document. E. Captions: The captions of the Atcle and sections of this Agreement are for convenience only and do not necessarily define, limit, describe, or construe the contents of any Article or section. The use if the singular or plural form of words is intended to include both the singular and plural, as appropriate, R Condemnation: If the Premises are condemned by any proper authority, the te of this Agreement will end on the date the Operator is required to surrender posse;ssi of the Premises, The CITY is entitled to all the condemnation proceeds. I G. Conflicts: If there is a conflict between the Operator and any other tenant, lessee, or operator on the Airport as to services to be provided by respective tenants, concessionaires, or lessees, the CITY will decide which services may be provided by each tenant, concessionaire, or lessee. The Operator agrees to be bound by any decision, subject to any rights the Operator may have to seek administrative or judicial relief. K Disadvantage Business Enterprises: The Operator will provide the Airport with any and all information required under 49 CFR Part 23, pertaining to Airport Concessionaire Disadvantage Business Enterprises (ACDBE). 1. Disasters: If, in the determination of the CITY, fire, flood, earthquake or other casualty damages the Airport so extensively as to render it untenantable, either party may elect to terminate this Agreement on thirty (30) days written notice to the other R arty. If this Agreement is terminated because of a disaster, the CITY will prorate the fees due the Operator up to the time the Airport becomes untenantable, J Discrimination: The Operator covenants and agrees that discrimination on the grounds of race, color, religion, national origin, ancestry, age, disability, or sex will not be permitted against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal, state, or CITY law. The Operator recognizes the right of the CITY to take any action necessary to enforce this covenant, including actions required pursuant to any federal, state, or CITY law. r� Execution by CITT, This Aqreement is not ei�ective until it has been approved by 'the City Council, signed by the designated representative of the City, and a notice to proceed issued. L Holding Over: The Operator has no right to holdover after this Agreement expires. If with the express or implied consent of the CITY the Operator does hold over after this Agreement expires, the holding over does not operate as a renewal or extension of the rights granted under this Agreement, but only creates a month-to- Page 33 of 38 Parking Lot Management Agmt 2-4-13 month tenancy, regardless of any payment accepted by the CITY. The Operator obligations to perform under this Agreement will continue until the CITY terminates t month-to-month tenancy. The CITY may terminate the tenancy at any time by giving t Operator at least ten (10) calendar day's written notice. Unless otherwise mutual] agreed by both parties, payment of Management Fee shall remain at the same rate prevailing rates for each lot when the holdover commences. N. Interrelationship of Provisions: All provisions of this Agreement and the associated proposal documents are essential parts of this Agreement and are intended to be cooperative, to provide for the use of the Airport, and to describe the respective rights and obligations of the parties to this Agreement. 0. Modification: The Operator acknowledges that the CITY may modify this Agreement to meet the revised requirements of federal, state, and CITY grants, to operate the Airport, or to conform to the requirements of any revenue bond covenant to which the CITY is a party. The CITY may make these modifications without formal amendment provided written notice of the modifications is given to Operator thirty (30) days before modifications take effect. However, a modification may not reduce the rights or privileges granted the Operator under this Agreement or cause the Operator financial loss. P. 11ational Emergency: The Operator will not hold the CITY liable for the inability to perform any part of this Agreement that results from national emergency declared by the federal government. No-Fault Loss or Damage: The Operator expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any defect, deficiency, or impairment of the electric and other utility systems furnished for the Parking Facilities covered by this Agreement which may occur from time to time from 2,ny cause, or from any loss resulting from water, earthquake, civil commotion, or riots. R No Waiver: If the CITY does not insist in any one or more instances on the strict performance by the Operator of any provision or Article under this Agreement, it is not a waiver or relinquishment for the future, but the provision or Article will continue in full force. The CITY's failure to enforce any provision or Article in this Agreement is neither an enforceable waiver nor subject to reasonable reliance by the Operator unless it is expressly stated as a written waiver, signed on behalf of the CITY. S. Notices: All notice periods begin on the date the notice is mailed. Any and all notices or other communications required or permitted to be given pursuant to this agreement shall be in writing and shall be considered as properly given if sent by any Page 34 of 38 Parking Lot Management Agmt 2-4-13 When to CITY- CITY OF CORPUS CHRISTI! Attn- Director of Aviation Corpus Christi International Airpo 1000 International Blvd Corpus Christi, Texas 78406 11111 X a A NOTES REPUBLIC PARKING SYSTEM Chris J. Howley Executive Vice President 633 Chestnut Street, Suite 2000 Chattanooga, TN 37450 With copy to: james C. Berry Chief Executive Officer 633 Chestnut Street, Suite 2000 Chattanooga, TN 37450 T Radio Interference- At the CITY's request, the Operator will discontinue the use of any machine or device which interferes with any govern ment�-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 11'. Reservation of Rights: The CITY specifically reserves the right to grant to others the rights and privileges not specifically and exclusively granted to the Operator. The rights and privileges granted to the Operator in this Agreement are the only rights and privileges granted to the Operator by this Agreement. The Operator has no easements, rights, or privileges, express or implied, other than those specifically granted by this Agreement. 1 . All of the Operator's operations and activities under this Agreement will be subject to- a. Any order, direction, or condition issued, given, or imposed by the Director of Aviation with respect to use of Airport roadways, driveways, curbs, sidewalks or parking areas, and public areas adjacent to Parking Facilities; and b. Any applicable ordinance, statute, rule, regulation, or order • any governmental authority lawfully exercising authority over the Airport or Page 35 of 38 Parking Lot Management Agmt 2-4-13 1111111111111111 1! 111 rJ11111ir III *It pl� I Jorli: t1i 10.111 t1i !111 111111 � I I "I 2. CITY will not be liable to the Operator for any diminishing or deprivation of its rights under this Agreement due to the exercise of any such authority as provided above, nor will Operator be entitled to terminate the whole or any portion of this Agreement by reason thereof unless the exercise of such authority will so interfere with Operator's operation of the Parking Facilities in the exercise of its right under this Agreement as to constitute a termination in whole or in part of this Agreement by operation of law in accordance with the laws of the State of Texas. 1 . The CITY, • its officers, employees, agents, representatives, and contractors, has the right to enter upon the Premises at any reasonable time to inspect them, to observe the Operator's performance • its obligations under this Agreement, and • do anything which the CITY may be obligated or have the right to • under this Agreement, or otherwise. 2. CITT, by its officers, employees, agents, representatives, and contractors, has the right, for the benefit of the Operator or for the benefit of others at Airport, to maintain and operate existing and future ut�ility systems in, on, • under the Premises and to enter upon said Premises at any time to make repairs, alterations, and replacements deemed necessary or advisable by the CITY. CITY will provide Operator with sufficient advance notice before any such repairs, alterations, and replacements are undertaken • commenced. X. Time- Time is of the essence in the performance of all rights and obligations of the parties to this Agreement. Y, Validity of Parts: If any provision or covenant of this Agreement is declared to be invalid by a court of competent jurisdiction, the remaining covenants and provisions will continue in full force. ARTICLE XV1 E A. Subsequent Contract Award perator acknowledges that • the expiration • cancellation of this Agreement, the CITY may award any subsequent parking facility contract by any legal means then available to the CITY. B. Transition Schedule at Expiration or Operator Termination: The Operator understands that it is neither practical nor possible for the CITY to predict the exact transition schedule and procedure to best serve the needs of the customers and the CITY at the expiration or Operator cancellation of this Agreement covenants to: Page 36 of 38 Parking Lot Management Agmt 2-4-13 1 . The CITY will provide the Operator a written notice of the transition plan determined by the CITY to best serve the needs of the traveling public and the CITY at least thirty (30) days prior to transition to a replacement operator. 2. The Operator will cooperate and diligently execute the transition plan determined by the CITY, abide • its time schedule, and cooperate with the CITY and the replacement Operator in carrying out the transon plan. In any dispute between the operator and the replacement operator during the transition period, the Operator will abide by the decision of the CITY. 3. At the expiration of this Agreement, the Operator will either remove its personal property from the Premises or sell them to the replacement operator as directed by the CITY, If the Operator neither sells nor removes these items within five (5) calendar days following termination, the CITY may remove, sell, modify, or destroy these items as it sole discretion. The Operator will reimburse the CITY for any cost the CITY incurs in removal and disposal of Operator's personal property plus a fifteen percent (15%) administrative fee due and payable upon demand. IN WITNESS WHEREOF, OPERATOR and CITY have executed in triplicate this Lease Agreement as of the date and year first written above. FAN-t Armando Chapa City Secretary Date: 1- 7-1-3 Parking Lot Management Agent 2-4-13 Date: 0. 7.13 STATE OF--•;���� COUNTY OF =rt This instrument was acknowledge A91pre me on 2013, by Chris J. Howley, Executive Vice President of R System, Inc., ennessee corporation, on behalf of the corporation, Off'; sr,A,E � t �p OF S NOTARY z STATE OF COUNTY OF Notary P lic, State My Commission expires 1242,1,1 Parking Lot Management Agmt 2 -4 -13 a Year 1 Management Fee Year 2 Management Fee Year 3 Management Fee Year 4 Management Fee H # M 9,583 00 per month 9,583 00 per month 91583 00 per month Year 5 Management Fee: 91583 per month Exhibit E Existing Revenue Control Equipment Scan Net Host pe Dell Optiplex 740 with ScanNet Control Management System software version 4.6.3 (build 6) hlcludes I additional console and up to 32 devices reg# 160767752075191280783 w/ APC Smart.APC 750XL and external HP storage works DAT72 USB I -FAP'D part controller I - DATACAP data cap I -11' Tran data cap I -LP1 dap dapbase C1"5000 ethernet 1 -1_1`1 PSION WorkAbout LPI FAPD A 1.3.1 ScaniNet Client pc Dell Optiplex 715 (build 5) peer to peer Short Term Westside 41 Model# N G 1000 SST `Picket Spitler, party SKD -1537 I -SST Transport pmts# 87 -19021 with burster- pmt, -; 87- 19022, Model#= SKC1580 1 -SST Omega Controller part-4 87 -19211 I--SST CPU P.C. Assembly part-4 87- 19160 I -SST Power Board Assembly pmts 87 -19298 I- Power Supply (24vdc ire 6.5 amps) part -' 1 1 -I 1228 Model4 G -90C;D Barrier Gate, part#i SKD 1735 I -Omega LCD Controller pmt4i23 -8703 1- PC board, G90 LCD pmts 20.11776 w /con:tig module w[basic software pmtµ23- 16023 ! -Motor 1 /3HP 501,160 cycle I PH w/ capacitor pmiA' 21 -3358 I- Gear reducer pmts" 22 -2750 w/ pulley 4 "x5/8" gear reducer 2 -Vee Belt 27" partrt 21 -0656 I- Gate Arm, !Oft part# 23 -3020 1 Cyber power 550VA LIPS I- IFS D1010 /D1I l O /D1111 RSS232IRS 22 "Transceiver I -Lot Full Pedestal Paffie I C)tN Exhibit E Existing Revenue ontrol Equipment Covered Parking Eastside 42 Model4 MG 1000 SST Ticket Spitter, part SKD -1537 I -SST Transport part-41 87- 19021 with burster part—r7' 87- 19022, Model"' SKC'1580 ! -SST Omega Controller part#' 87- 19211 I -SST CPU P.C. Assembly part; 87 -19169 I -SST Power Board Assembly part 87- 192.98 1- Power Supply (24vdc@, 6.5 amps) part# 1 I -1 1228 Model—' G -90C'D Barrier Gate.. part= SKD 1735 I -Omega LCD Controller part #23 -8703 I- PC board, G90 LCD part 20 -11776 w/con :fig module w,!basic software part4123 -16023 ! -Motor 113HP 50160 cycle I PH w/ capacitor parts 21 -3358 1 -Clear reducer part, 22 -2750 w/ pulley T'0/8" gear reducer 2-Vee Belt 27" part# 21 -3656 1- Gate Arm, IOft part+ 23 -3020 1 Cyber power 550VA UPS 1 -IFS D2.100 Fiber Optic Network Link I -Lot Full Pedestal Long Term Eastside #t3 Model# MG 1000 SST Ticket Spitter, part SKD -1537 I -SST Transport parts€ 87- 19021 with burster part4 87- 19022,. Model# SKC1580 I -SST Omega Controller part-, 87 -19211 1 -SST CPU P.C. Assembly part# 87- 19169 I -SST Power Board Assembly part4 8719298 1- Power Supply (24vdc! �;; 6.5 amps) part, I1 -11228 Models = =' G -90C"D Barrier Gate, part4' SKD 1735 I- Ornega LCD Controller part -23 -8703 1- PC board. G90 LCD part: 20 -11775 w /con:fig module w /basic software partt423 -16023 !-Motor I /3I-IP 50/60 cycle 1 PH w' capacitor part--',' 21 -3358 I- Clear reducer part: 22 -2750 w/ pulley Vx51"8" gear reducer 2 -'Vee Belt 27" part# 21 -0656 1- Gate Ann, ]Oft party 23 -3020 1 Cyber power 550VA UPS I- ITS DJOIO;Dlllt7tDlII!RSS232,/RS422 Transceiver ! -Lot Full Pedestal Pa. e 2 cat Exhibit. E Existing Revenue Control Equipment Long Term Westside 44 Model+ MG 1000 SST TicketSpitter,partg SKD -1537 I -SST Transport part4 87 -19021 with bl!rsterpartr 87- 19022, Model# S C 1580 I -SST Omega Controller part 87 -19211 I -SST CPU P.C. Assembly part r 87- 191 69 I -SST Pouter Board Assembly partif 87 -19298 1- Power Supply (24vdcCa, 6.5 amps) parts I 1 -11228 Model' G -90CD Barrier Gate, part SKD 1735 I -0 mega LCD Controller part-"23-8703 I- PC board, G90 LCD part-4 20 -11776 Nx /config module w /basic software part'"23 -16023 -Motor 11`3HP 50/60 cycle I PH w/ capacitor party 21 -3358 I- Gear reducer part4 222750 w/ pulley 4 "x518" bear reducer 2 -Vee Belt 27" par0" 21 -0656 I- Gate Arm, loft parts 23 -3020 1 Cyber power 550`+iA UPS I -IFS D2100 Fiber Optic Network Liuk I -Lot Full Pedestal Covered Parkin() Westside 5 Model- ,riG 1000 SST Ticket Spitter, part` SKD -1537 I -SST Transport partf 87 -19021 with burster partl4 87- 19022, Model# SKC1580 I -SST Omega Controller part 4l 87-19211 I -SST CPC..)' P.C. Assembly partf' 87 -14169 I-:SST Power Board Assembly party 87- 19298 1-Power Supply (24vdcg 6.5 amps) part 11 -11228 Modeler G -90CD Barrier Gates part#' SKD 1735 I -Omega LCD Controller part423 -8703 1- PC board, G90 LCD parts 20 -11776 w/config module w/basic software part23 -16023 !-Motor V3HP 50160 cycle I PH w.` capacitor part# 21 -3358 1- Gear reducer party 22 -2750 w! pulley 4"x5/'8" gear reducer 2 -Vee Belt 27" part'- 21 -0656 1- Gate Arm, 10ft party 23 -3020 1 Cyber power 550VA UPS I- IFS D1010 /BI1.1.0FDJ I I IRSS232 ;,RS422 Transceiver- ! -Lot Full Pedestal Page 3crf8 Revenue Control Equipment Inventory 1ay24, 2012 Short Tern% East Crossover Gate Models G -90CD Barrier Gate, part SID 1735 1- OrnegaLCl7Controller part423 -8703 I- PC board, G90 LCD part4 20 -11776 wiconfag module wr'basic software part423 -16023 ! -Motor 11"3HP 50.`60 cycle I PH wl capacitor part 21 -3358 I- Gear reducer part 22 -2750 w/ pulley 4°'x5%'8" gear reducer 2- VeeBelt27" part'' 21 -0656 1- Gate Aran., 10ft part# 23 -3020 Short Term West Crossover Gate Model=` G -90CD Barrier Gate, part# SKIS 1735 I -Omega LCD Controller part,-,23-8703 I- PC board, G90 LCD part4 20- 11776 w.'configmodule w /basic software part4 23-16023 ! -Motor J131IP 50160 cycle I PH w/ capacitor part4 21 -3358 I- Gear reducer part# 22 -2750 w1 pulley 4 "x5/8" gear reducer 2 -Vee Belt 27" part 21- 0656 1- Gate Arm, !Oft part 233020 t Cyber power 550VA UPS I -IFS D2100 Fiber Optic Network Link Covered Parking East Crossover Gate Model-4 G -90CD Barrier Gate, part SKI) 1735 I -Omega LCD Controller part723 -8703 L­ PC board, G90 LCD part" 20 -11776 w /config module w ".=`basic software part423 -16023 !-Motor I /3HP 50%60 cycle 1 PH w1 capacitor part# 21 -3358 I- Gear reducer part 22 -2750 w; pulley 4"x518" gear reducer 2 -Vee Belt 27 " parr. -= 21 -0656 1- Gate Arm, 'Oft part# 2' )-3020 Covered Parking West Crossover Gate Model' G -90CD Barrier Gate, part= SKI) 1735 I- Omega LCD Controller part423- 8703 1- PC. board, G90 LCD part. 20 -11776 w/config module wlbasic software pats 23- 16023 ! -Motor 1i3HP 50/60 cycle I PH wl capacitor part 21 -3358 1- Gear reducer part f 2.2 -2750 w/ pulley 4"x5/8" gear reducer 2 -Vee Belt 27" part? 21 -0656 1- Gate Ann, 10ft partf 23 -3020 1 Cyber power 550VA UPS I -IFS D2100 Fiber Optic Network. Link Pace 4ofN Revenue Control Equipment Inventory May24, 2012 Exit Booth Lane #1 Auditor PowerPad System. . part4SKC-1677 (93-10092) 1 -Power Supply unit (Black Box) w/ interface board part-41 SKC- 1667 I-SST CPU P.C. Assembly part# 87-19169 !-Patron Fee Indicator 1- Epson Printer rnodel#' 950 1 -Cash Drawer !-Auditor PowerPad3 Fee Computer I-SST Ticket Validator w/SST Transport and parker part',,-SKC-1591 1- 422 to 422 Universal Communication Isolator I-APC Back-UPS ES 750 backup battery w/ battery pack !- Phillips 1,TC3364140 lens 2.8-12nimVarifocal !-Phillips LTC0455/20 High Resolution Color Camera I-Aiphone intercom unitLEF-10 1- Westinghouse 22 VR-2218 LCD HDTV wJRemote Exit Gate lane # I Modelg G-90CD Barrier Gate, part4 SKD 1735 I-Omega LCD Controller part#23-8703 I- PC board, 090 I_CD party 20-11776 w/config module wibasic software part423 -1 6023 ]-Motor 113HP 50/60 cycle I PH wi capacitor partif 21- 33 58 I- Gear reducer part4 22-2750 w/ pulley 4"x518" gear reducer 2-Vec Belt 27" part# 21-0656 I- Gate Arm, ]Oft part# 23-3020 1 Cyber power 550VA UPS Exit Booth Lane 42 Auditor PowerPad System, part4SKC-1677 (93-10092) !-Power Supply unit (Black Box) w/ interface board partH SKC- 1667 I-SST CPU P.C. Assembly parC4 87-19169 !-Patron Fee Indicator J-Epson Printer model# 950 I-Cash Drawer !-Auditor PowerPad') Fee Computer 1-Single Board Computer (SBC) 1 -SST Ticket Validator w/SST Transpmt and parker part4SKC-1591 F­ 422 to 422 Universal Communication Isolator I-APC Back-UPS ES 750 backup battery w/ battery pack !-Phillips LTC3364/40 lens 2.8-12mraVarifocal !-Phillips I.TC0455/20 High Resolution Color Camera I -Aiphone intercom uuit LEF- 10 !- Westinghouse 22 VR-2218 LCD HDTV wilkernote PageS of Z� Revenue Control Equipment Inventory May24, 2012 Exit Crate Lane #2 Model# G -9OCD Barrier Gate part;,' SKD 1735 ! -0mega LCD Controller part #23 -8703 I- PC board, G9O LCD part;, 20 -11776 wlconfig ,nodule wlbasic software part #23 -16023 ! -Motor 113HP 50160 cycle I PH wt capacitor part# 21 -3358 I- Gear reducer part, 2.2 -2:750 wf pulley 4 "x5!8" gear reducer 2- VeeBelt27" part, 21 -01656 I- Gate Ann. 10ft part# 23 -3020 1 Cyber power 55OVA UPS Automatic Cashiering Terminal Exit Booth Lane #3 Auditor PowerPad System, part#SKC- 1677 (93- 10092) 1- Thermal receipt printer I -SST Ticket Validator w/SST Transport and parker part #SKC -1591 ! - PowwerSupply unit (Black Box) w interface board part# SKC -1667 I -SST CPU P.C. Assembly part,,-' 87 -19169 I- Patron Fee Indicator J -Epson Printer model, TM -U22O ! -Cash Drawer !- Auditor PowerPad3 Fee Computer- 1 -APC Back -UPS ES 750 backup battery w, battery pack !- Phillips LTC3364/40 lens 2.8- 12mmVarifocal !- Phillips LTC045512O High Resolution Color Camera 1- Aiphone intercom unit LEF -10 Exit Gate Lane 43 Model# G -90C D Harrier Gate, part SKD 1735 I- 07mega LCD Controller partft23 -8703 I- PC board, G9O LCD part# 20 -11776 wlconfiig module wlbasic software part ?23 -16023 !-Motor 1 /3I1P 50/60 cycle 1 PEI ww,/ capacitor part# 21 -3358 I- Gear reducer part 22 -2750 w/ pulley 4"0/8" gear reducer 2 -Vec Belt 27" pmt,:' 21 -0656 1- Crate Arm, I Oft part# 23- 3020 1 Cyber pawner 55OVA UPS Commercial Lane Model# G -9OCD Barrier Gate, part; SKD 1735 I -Omega LCD Controller part-1423-8703 I- PC board, G9O LCD part# 20- 11776 ww /config module ww/basic software part #23 - 16023 1 -Motor Ii3HP 50%60 cycle I PH ww' capacitor part# 21 -3358 1- Gear reducer part- 22 -2750 w/ pulley =1"x5;28 " gear reducer 2 -Vee Belt 27" part# 21 -0656 1- Crate Arm, I Oft part. 23 -3020 I -Cyber power 55OVA UPS I- FAPD Gooseneck pedestal wr Aiphone LE -D intercom I- Passport 3601 controller I- Passport 360 Reader Pa-e6 o fS Revenue Control Equipment Inventory May24, 2012 Employee Gate Entrance Model# G -90CD Barrier Gate, part--' SKD 1735 I -Omega LCD Controller part#23 -8703 I- PC board, G90 LCD part# 20 -11776 wF %config module ww,,basic software part#23- 16023 !-Motor 113HP 50/60 cycle 1 PH w/ capacitor part# 21 -3358 1- Gear reducer part= 22 -2750 Wf pulley 4 "x5/8 " gear reducer 2- VeeBelt27 " part# 21-0656 1- Gate Arm, !Gift pa&4 23 -3020 I -FAPD Gooseneck pedestal with Sensormatic card reader Employee Gate Exit Model# G- 90CDBarrier Gage. part# SKD 1735 I -Omega LCD Controller part 423 -8703 1- PC board, G90 LCD party -i 20 -11776 w..config module w!basic software part #23 -16023 !-Motor V3HP 50/60 cycle I PH wwl/ capacitor part# 21 -3358 1- Gear reducer part 22- 2750 w pulley 4 "°xSi8 " gear reducer 2-Vee Belt 27 " part# 21 -0656 1- Gate Ann, ]Oft parts> 23 -3020 1 -FAPD Gooseneck pedestal with Sensormatic card reader Rental Car Employee Gate Modell# G- 90C:DBarrier Gate, part# SKD 1735 I -Omega LCD Controller part423 -8703 I- PC board, G90 LCD part# 20 -11776 w /config module wiba is software part, =23 -16023 !-Motor 113HP 50 "60 cycle I PH w/ capacitor part- 21 -3358 I- Gear reducer part#' 22 -2750 w/ pulley 4 "x5/8 " Rear reducer 2 -Vee BeI127 part# 21 -0656 I- Gate Arm, 10ft part# 23 -3020 I -FAPD Gooseneck pedestal with Sensormatic card reader Rental Car Entrance Gate Model #1 G -90CD Barrier Gate, part# SKD 1735 I -Omega LCD Controller part #23 -8703 I- PC board, G90 LCD part# 20 -11776 ww/config module ww `basic software part#23 -16023 1- Motor 1 /3HP 50/64 cycle I PH w/ capacitor part-4 21 -3358 1- Gear reducer part r 22 -2750 ww/ pulley 4"x5/8" Rear reducer 2 -Vee Belt 27" part# 21 -0656 v 1- Gate Ann, 10 ft part,—'T' 23 -3020 Rental Car Exit Gate Model# G -90CD Barrier Gate, part#` SKD 1735 I- (omega LCD Controller part#23 -8703 I- PC board, G90 LCD part# 20 -11776 ww. /config module wxbasic software partEl23 -16023 I- ;Motor 1/3HP 50x'60 cycle I PH wl capacitor partif 21 -3358 I- Gear reducer part# 22 -2750 ww�/ pulley 4"x5r`8 " gear reducer 2 -Vee Belt 27 " part# 21 -0656 1- Gate Arm, I Oft part =4, 23 -3020 Pa e7 Revenue Control Equipment Inventory May24, 2012 Short Term East Remote/ Shuttle Gate Model#` G-90CD Barrier gate, part" SKD 1735 1 Omega LCD Controller partl/23 87()3 1 PC acaFa, G9Q LCD part-4 29 1177e w/eeffiig med"! le w/aasic sefEware partl/23 I e923 Z� I-Motor I I 3HP 50/60 cycle I PH w/ capacitor part4 21 -3358 1 GeaF reancer part—, 22 27SO WI pHIley 4"J<S/8" gear reaneer 2 Vee Belt 27" partli 21 9e 3e I -Gate Ann, 10ft part# 23-3020 I-Albano Radio Receiver Long Term West Remote/ Shuttle Gate Modelti, G-90CD Barrier Gate, part# S 1735 1 Omega LCD Centreller partf-,,23 87()3 1 PC beard, G9() LCD parthl 2() 1177e w/eefflig med\He vdaasic setENvare partl/23 I e923 1 -Motor I/3HP 50/60 cycle I PH w/ capacitor partg 21-3358 1- Gear reducer part,#22-2750 w/ pulley 4"x5/8" gear reducer 2-Vee Belt 27" part-#` 21-0656 1 -Gate Ann, 10ft part#4 23-3020 I -Aibano Radio Receiver Toll Plaza Equipment 4- JFS D101 0/1)[110/131 1 11 RSS232/RS422 Transceiver 2- 422 to 422 Universal Communication Isolator 3 - JFS 02 100 Fiber Optic Network Ling 2- PowerPad Interface Boards 5- SST TransportNalidator part#' 87-19021 3 -Burster parti-l' 87-19022, Modelff SKC 1580 3 -Parker partgSKC-1591 ss,r CPU P.C. Assembly partg 87-19169 1 - SST flower Board Assembly part"' 97-19298 2 - SST Omega Ticket Spitter Controller partg 87-19211 3 -Omega LCD Gate Controller part#23-8703 I - SST Power Board Assembly part 87-19298 (Back Board) 4- PC board, G90 CD Connection Panel part# 20-10235 (Back Board) 4- Configuration module wibasic software 2 - Epson Printer model'4950 2 - APC Smart UPS 700XL backup battery w/ battery pack I -Power Supply unit (Black Box) wl,' interface board part, SKC- 1667 1 -Power Supply unit (Black Box) 3 - Barcode Reader I- Passport 3 ) 60 controller I- Thermal receipt printer 3- Cash Drawers I- Monitor-PowerPad4 Mise parts Pa-eS I Oxmkm Daily Validation Log (Daily) Daily Credit Card Batch Report (Daily) Monthly Activity Report (Updated Daily) Monthly Vehicle Count Report (Updated Daily) Monthly Commuter Activity Report (Monthly) Monthly Revenue Report (Monthly) Monthly Expense Report (Monthly) FWAWII�1111 The operation of parking lot booths and collection ofrevenues shall bethe responsibility ofthe Ground Transportation and Parking Supervisor. Parking Lot Attendants shall comply with the following fund management procedures for the Attendant's fund and Lead Attendant's change funds. a. Each Parking Attendant and Lead Attendant will be assigned, and shall be responsible for the security of a fixed amount of $300.00, a zippered utility bag, astonage lock box and a key bz said storage lock box. Any unassigned Attendant Change Funds will be the responsibility of the Parking and Ground Transportation Supervisor. b. An individual |mok box located in the Virginia L. Turner Parking Plaza (parking plaza) is assigned to each attendant for storage of funds when not in use at the booth. c. Each Parking Attendant's change fund will be subject to random and periodic audits. d. Only assigned funds and zippered bag will be stored im assigned lock box. Storage Lockers are provided in the parking plaza e. Lock box key shall be the responsibility mfeach attendant; key must bein possession of attendant et all times while onduty. An extra lock box key shall be secured bn the Finance & Administration Manager. o. /\.M� &P.M. Lead Attendants are each responsible for nn additional $DOQ.0O change funds. b. Change funds are stored in individual zippered bags kept im the Lead's lock box separate from the other funds. o. Change fund orders will be prepared for Armored Service pick- upandde|ivery bo the Bank. Lead attendant preparing change order form shall require a verification signature onthe change order form for their protection. The second change order signer must count and verify the amount before signing the form. Change fund orders should be faxed 10 Central Cashier by 9A.M.in order for their scheduled delivery tobe the following day. d. Random and periodic audits will be made of Change Fund. 5-1 a� Ad the completion cf each shift, each Attendant will prepare a deposit for all funds collected that shift. Each deposit is to be counted and verified by a second Attendant prior 6o being sealed in the deposit bag and dropped inthe safe. Bill of ladings, accountability reports, and all related paperwork required shall be completed at the end of each shift. 1) Journal print-out 2) Cash Receipt Report 3} CmrnbinedFmnds — DepmsitTichet 4\ Deposit Bag 5) Armored Cnoher Receipt Book G) Parking Lot Bag F|mvv 7) Parking Lot Validation Form ALL FORMS (1-7) ARE FOUND UNDER "DAILY CASHIER REPORTS~ 4. Acceptance uf Suspect Counterfeit Currency a. Special pens have been provided bo each attendant and shall be used todetect suspect counterfeit currency. All increments will be checked that are more valuable than $2O,8O. Each attendant |m responsible tn the functionality ofthe issued Counterfeit detection pen. New pens will provided upon request. h. The attendant who detects a suspect counterfeit currency isto: 1) Contact communication immediately 10 request the presence ofaPublic Safety Officer 2) Note the license plate, make and model of the individual presenting the Counterfeit bill. 3) Inform the patron of the issue and that due to Airport established procedures you have requested the presence ofa Public Safety Officer. 4> Once the Officer gives permission, the attendant is to secure another form of payment to cover the fees owed tm the airport parking facilities. 5. Simultaneous use of single TV|Booih. a. Primary attendant will log out cf computer/cash register. Print journal report unless logging out for the remainder ofshift. b. Remove all monetary funds, checks, validation forms and credit card receipts from register, c. Place these materials in assigned utility bag in assigned lock box for security purposes until re-opening assigned Toll Booth for operation. d� Relief attendant will temporarily log into computer (by using individually assigned password) while primary attendant |s away from the Toll Booth. Relief attendant will operate using his/her start up cash. e. Upon primary attendant's return 10 operation, relief attendant will log out of computer/cash register, removing all monies including start up cash, checks, and credit card receipts. Ainurna| report will be printed out for the interim activity. f. Primary attendant will log back in by using assigned password and continue the previously interrupted journal activity. g. Relief attendant will prepare am end of shift Cash Receipt Report. h. Primary and relief attendants shall be individually responsible for preparing a deposit for period worked. B. Procedure for Short Term,,_Covered and Long Term Parking ticket collection 1 . The system is on "Enter Transaction Mode" 2. Vehicle must be on sensor (loop) in order to process transaction. 1 Insert ticket into va|idatmr. System will automatically calculate r covered parking rate and display fee hrbocollected. 4� Collect fee shown mn screen, enter amount tendered and hit cash key. Screen will display total amount due—and change due Patron, 5, For Receipt: Hit Receipt key ' register will print-out receipt. G. Gate will open after transaction |a completed and cash register drawer is closed. 7. Register will revert to "Enter New Transaction". Display Indicates "Enter New D. Manual Procedure for Processing a Lost Ticket 1. Hit LICENSE NUMBER key then key-in license plate number and press the TIME/`YES key. 2. After short period the "LP Processing" message will quit flashing signifying its completion. 3. Press the RECALL key. This will provide you with location, time and date mf when the vehicle was first inventoried |n the parking facility. Use the upand down keys 10 peruse the information. Make note of this information. 4. Press first the ESC key and then the CLEAR key toexit the License Plate Information Mode. S� Secure mm unused ticket. & Select lot where vehicle was parked (Short=F1/Lmmg=F2/mrcovered=F4) 7. Key in dote of entry supplied by the LP| (N1K8D[>YY) and press the QAFf/NNO key. 8. Key in time of entry supplied by the LPI (HHMM) and press the TIMEPYES key. 9. Insert unused ticket into Epson receipt/journal printer. E. Procedure for "No Charge Ticket". T-. Disp8ayvviUuhow For patrons presenting e ticket with five minutes mr less, this isallo Charge ticket. 2- Insert the ticket through the va|idator. hit "LICENSE NUMBER" key then key-in LP number b) rule out misrepresentation nf the ticket. e\ |fLP does appear in the system then process the ticket eeper procedure D."Manual Procedure for Processing o Lost Ticket" and complete this transaction, When the LP appears im the system, charge from the date vehicle is in system, according to which lot vehicle was parked in. |f Patron becomes aggressive, immediately contact a Lead Attendant, Supervisor, or Public Safety Officer for assistance. b) If LIP does not appear in the system then pnana CASH key and wish the Patron ''A Great Day." .F Procedure for "Back Out" ticket. I . Insert ticket through the validator, if it reads "Back Out" on the register scre follow procedure for "No Charge" ticket (E-2-a). If LIP shows NOT FOUN then charge according to data listed on ticket by following "D. Manu Procedure for Processing a Damaged Ticket." I G. Procedure for Collection of Commuter Permit Fees. 1�Verify the individual's proof of qualification to receive a Commuter Permit by inspecting their current Airline Employee badge. 2. This will need to be o stand alone Transaction. Any parking ticket presented will need to be processed either prior to or(pnshareb|y) after the process is completed. Press the Commuter K&|oo. (M1) Sales Key. It is preprogrammed for $30D0, the designated fee established by city ordinance chapter 9. It is located om the far left side, fourth key from the bottom. 3, The power pad will prompt you fora description. Type the ^month" & ''|eat name" of purchasing commuter, i.e. "JUN JOHNSON" or "MAY VILLARREAL" or "AUG GR/(Y'. There may not ba enough space for the complete last name. Type in as much as will fit. Should the month being paid for ia in the next calendar year, include the year, i.e. "JAN 1OEVANS'^mr "FEB 18NURSE" 4. Press the ^YES'key. 5. If the commuter would like to pay for an additional month(s), repeat Step #2 thru#4.else continue tu Step #5. The name would not have tobere-entered on consecutive entries. No more than four (4) months can be processed Vna single permit. Each permit will beam individual transaction. 8. Proceed with the normal payment collection procedures m} Should the permit not beon hand to issue to the purchasing commuter, |) Print e Receipt for the commuter. This can function as their permit temporarily until an actual permit is issued to the commuter. ||\ Inform the Parking Plaza Office of the payment. i) Note payment information um Validation Log, ii) Leave phone message at extension 124S&122G. b) Should the permit already be on hand, verify the information and note the payment and method of payment. Once the Commuter has signed the permit, the WHITE copy is given to the commuter. The.PINK copy is attached to the Attendant's shift paperwork. The YELLOW copy is placed in the "Park #1 " Mail Box in the Parking Plaza Break Room. H. Procedure for Collection of Promissory, Note Fees. 1. Verify Promissory Note information against the Promissory Note Log posted in the Communication Log Binder ineach booth. Make note of the Lot inwhich the Promissory Note was issued. 2. This will need tobua stand alone Transaction. Any parking ticket presented will need tobe processed either prior 0our preferably after the process is completed. Press either the Short/Long Misc. (M2) Sales Key mr the Covered Misc. (K83) Sales Key. These keys are located on the far left side of the power pad, third and second key consecutively. 3. The power pad will prompt you for adescription. Type ~P"& the "last name" of the patron, i.e.^PTAPi/\"or''PHAL|BURTON'^ There may not beenough space for the complete last name. 4. Press the 'YES'key. 5. Proceed with the normal payment collection procedures. Print a Receipt for the patron. This will act as their proof offulfilling their obligation of payment ofthe Promissory Note. Procedure for Collection of Ground Transl2ortation Permit Fees 1 . This will need to be a stand alone Transaction. Any parking ticket presented will need to be processed either prior to mr after the process is completed. Press the Ground Transportation Misc. (K84) Sales Key. |tis located om the far left side, last key from the bottom. 1 The power pad will prompt you for adescription. Type the '^nmonth^/l"permit nunnbmr"of purchaser, i.e. "JUN 3233"or "MAY 3211^or "AUG 3S5G" 4. Pressthe'YES' key. 5. If the customer would like to pay for an additional permit(s), each permit will be am individual transaction. Complete Step #6 prior 10 processing any additional permits. 6. Proceed with the normal payment collection procedures. Verify the information and note the payment and method ofpayment. Once the customer has signed the permit, the \&H@0lE & GOLD copy is given to the commuter. Verify that the customer understands that the WHITE copy is to be placed in the front dash of the vehicle while on property �nd thatthe GOLD copy acts as the customer receipt. The PINK copy im attached iu the Attendant's shift paperwork. The YELLOW copy is returned tothe Parking Plaza Office with the register receipt attached bobe placed on file for auditing purposes. 1. Visa, MasterCard, Checks, American Express and Discover a. The alternate payment feature provides five options: i. VISA ii. MASTERCARD iii. Check iv. American Express v. DISCOVER 2. Procedure for Processing a Credit Card (Visa, Master Card, American Express and a. Insert parking ticket then credit card imtoms|idotor, the system will automatically read, recognize the credit card type and will begin the process. The system will automatically dial the clearing house and either accept or the decline the transaction. b. If accepted the system will Phmt out u credit transaction receipt which will require the Patron's signature. Once the Patron has signed off on the transaction keep this copy for the end of the shift report. Press the CASH key and then the RECEIPT key. The system will open the cash draw and print out transaction copy for the Patron. Hand the patron this transaction copy for his receipt and return the patron's credit card. |f denied, other payment arrangements must bemade either payment bv check or cash. In case of difficult situations a Lead Attendant, Supervisor or, if necessary m Public Safety Officer may be called for assistance. o. In the event that the wa|idsdor does not accept the credit card, the credit card process must be completed manually. d. Manual transaction for credit cards. (a) Use the alternate payment key: Select number that coincides tocredit card being used am form ofpayment (b) Key in Credit Card account #—oupina§Vndate. e. In the event that a "NO SCAN RESPONSE" (no communication with ScanWet computer) reply is received- 1 . Attendant should process the credit card using omanual slide card imprint machine. 2� Have the patron sign the credit card slip. Provide patron the bottom copy as a receipt. 3. Validate the parking ticket ioifa Promissory Note had been issued. 4. Attach Register receipt to Signed copy of Manual Credit Card Slip. 5� Once communications has been nm-eetab|ished. process the credit card slip per Section 5AO.82-H. C. Policy for Process a Personal Check Local and surrounding area personal checks or traveler checks shall he accepted for Patron desiring topay by check. Out of state checks must bepre-approved by the supervisor or designee. 1. Verify that all information is properly completed. Changes shall be initialed by the Patron. Documentation shall be required on all checks accepted byanattendant, The attendant shall verify Patron's personal information against Patron's driver license- a. Name, address and drivers license number, b. Signature on check matches signature onlicense u. Correct street address J different than address printed wm check (P.O.Box not acceptable), d. License plate number ofvehicle, e. Record home and work phone numbers. Validation qfa parking ticket ks the reduction of all nr part ofm Patron's fee. A. Generally only the following patrons will be validated under their corresponding nomua 1. Aviation and Tenant Emptovees — Patronswhn work on site on g daily basis and have been authorized by the Director of Aviation or their designee to park in the parking facilities. 2. Officials wh currently serving in their designated positions and present Identification. These individuals should provide proof of their eligibility of this benefit. _. Flight crew — ennp8oyeee serving [}QA must obtain a Commuter Airline Parking Permit (pre-paid parking pass) from the Administration Off ice- Permit must be current. 4. - Texas |mvv authorizes certain individuals to park in public parking lots, including aiqpmds, without payment of fees. The only individuals exempt from paying m fee are a disabled veteran, Purple Heart recipient, or POW (Prisoner of War). These individuals should provide proof uf their eligibility ofthis benefit. 5. —Individuals who are employed by the City Vf Corpus Christi and are traveling on city business are authorized to park in the airport Long Term parking lot with an approved Parking Authorization Form signed bythe employee's supervisor. The ticket should be stapled to the permit form. The Authorization Form istnbe placed in the Parking Supervisor's Mail Box located [n the Toll Plaza break room. 6. PromissoEy Notes — This |nk)be used only aaa last resort when a patron does not have enough resources' to account for their financial responsibility. The appropriate Promissory Note should becompleted and signed bythe responsible party. The white copy is given to the responsible party. The Authorization Form is to be placed in the Parking Supervisor's Mail Box located in the Toll Plaza break room. 7. Ticket must be red stamped and initialed by ��ministnatiom office or signed by the Director ofAviation or designee. 8. — Theseareindividua|awho have been parked in the parking facility for more than a3D day period. These individuals are given g1Q% discount off their parking fee total due 1m length ofstay. B. Procedure |mfomnmt|nn required bo validate a parking ticket 1, All patrons must sign the shift Validation Log. 2. Guest of Management parking ticket must be stamped by Administrative office unless signed by ether Senior Staff, the Public Relations & Marketing Coordinator, or the Parking & Grounds Transportation Supervisor. 1 Patron and ticket information must be completed on the shift Validation Log. 4. Exits related to validated tickets will be processed through the computer inthe same manner as other transactions, and not by manual activation of the exit gates 5, Validated tickets shall be separated from the rest of the tickets and submitted with the shift report 500.05 Shift Responsibilities, Opening and Closing Procedures A. Morning Shift Opening a. Swipe employee card in time card reader. b. Notify comm u ni cationidis patch of presence at work. c. Secure attendant's starting fund bag from lock-box cabinet and proceed to assigned Toll Booth. d Record assigned Toll Booth meter reading and Log into power pad by use personal password. e. Remove exit lane barricade and change signal switch to green. f, When notified by commu n ication/d is patch, test emergency distress buttons in each booth. g. Record Meter readings in ACT Lane booth. Pull Validation Log, receipts f drawer, tickets & Journal Tape processed prior to 3:40 AM of current day. h. Complete the Daily Shift paperwork for the ACT Lane. i. Proceed with cleaning! details of work area: dust, sweep, mop, empty trash receptacle. I 2. Closing a� Change signal switch hz red and replace exit lane barricade. b. Record assigned Toll Booth meter reading, o. Secure all monetary funds, shift journal tape, shift report tape, validation |o8. credit card receipts & processed tickets in utility bag and proceed to Toll Plaza Building. d, Process end-of-shift Cashier Receipt Report. e. Have cashier receipt report & deposit verified by relieving Attendant and seal deposit bag in the presence nf the verifying Attendant. Drop daily deposit bag in safe. Place Attendant shift paperwork in appropriate daily folder next to safe. f. Place Attendants starting fund in lock-box compartment, securing it for the day. 0. Proceed with cleaning detail of work area: dust, mvvaep, mop, empty trash receptacle. h. Notify coworker of intent of departure &swipe employee card in time card reader. Opening a. Swipe employee card in time card reader. b. Notify coworker of presence at work. n. Complete license plate inventory and download umF8P[}computer. Assist Day Shift os needed with Patrons exiting the Toll Plaza. d� Secure attendant's starting fund bag from lock-box cabinet and proceed Do uao|gned(ernpty)To|| Booth. e. Record assigned Toll Booth meter reading and Log into power pad bv use mf personal password. t Remove exit lane barricade and change signal switch bogreen. A� Turn on the Air Conditioning Unit in the Third Booth. h. Proceed with cleaning detail nf work area: dust, sweep, mop, empty trash receptacle. 2. Closing m. Change signal switch to red and replace exit lane barricade b. Record assigned ToUBoo1hnmeterreading. o, Secure all monetary funds, ehQk 'uunma| bepe, ehUt report tape, validation |oA, credit card receipts & processed tickets in utility bag and proceed ko Toll Plaza Building. d� Process mnd-nf-shiDCashier Receipt Report. e. Have cashier receipt report & deposit verified by relieving Attendant and seal deposit bag in the presence of the verifying Attendant. Drop daily deposit bag in safe. Place Attendant shift paperwork in appropriate daily folder next to safe. f, P|ecoAttemduntaotartinQfundin|nnk'boxoomnpertmen1.securingitforthedeV. g. Proceed with cleaning detail mf work area: dust, sweep, mop, empty trash receptacle. h� Turn off the Air Conditioning Unit in the Third Booth. L Notify coworker of intent ofdeparture /l swipe emnp|oyea card in time card reader. C. Night Shifts Opening e. Swipe employee card in time card reader. b. Notify coworker of presence at work. c. Secure attendant's starting fund bag from lock-box cabinet and proceed ho assigned Toll Booth. d. Record assigned Toll Booth meter reading and Log into power pad by use nf personal password. e. Remove exit lane barricade and change signal switch kngreen. f. Proceed with cleaning detail of work area: dust, sweep, mop, empty trash 2. Closing a. Prior bo the announcement nf the terminal closing by the officer on duty, omUeci ticket number readings from entrance gates by use of the city supplied vehicle. Check ticket dispensers hndetermine if they need tobere-supplied and note the supply needs of each dispenser. b. Prior to the announcement ofthe bannina| closing by the officer on duty, close ACT lane. Pull and Clear Report a1SoanWet computer terminal c. Change signal switch to red and replace exit lane barricade. d. Record assigned Toll Booth meter reading. e. Secure all monetary funds, shift journal tape, shift report tape, validation |oQ. credit card receipts & processed tickets in utility bag and proceed to Toll Plaza Building. f� Process end'nf-ehift Cashier Receipt Report. q. Have cashier receipt report & deposit verified by Co-Attendant and seal deposit bag im the presence uf the verifying Attendant. Drop daily deposit bag imsafe. Place Attendant shift paperwork in appropriate daily folder next hosafe. h. Place Attendants starting fund in lock-box compartment, securing it for the day. L Proceed with cleaning detail nf work area: dust, sweep, mop, empty trash receptacle. j. Notify coworker of intent of departure & swipe employee card in time cord reader. D. Manually Processing Individuals in Lane #3 1. |f machine will not process credit card a. Attendant should process the credit card using e manual slide card imprint machine. b. Have the Patron sign the credit card slip, Provide patron the bottom copy as a receipt. o. Void transaction on power pad, d. Retrieve ticket from exterior of ACT unit. e. Write amount of fee onun-proceanmdticket & attach signed credit card slip bo um-processed UrkeL f. Press Gate button to open gate for Patron. Q. Process transaction in either Booth #1or#2 per Section 50O,02-H, h. Once processed, staple receipt 1oun-prooeosed ticket and place in Booth #3's register. 2. |f Patron pays with cash orohmok� e. Void transaction on power pad. b. Retrieve ticket from exterior of ACT unit. c. Write amount of fee omun-prmcessedticket. d. Collect payment. e. Press Gate button to open gate for Patron. f. Process transaction im either Booth #1or#2 per Section 500.O2-H. g. Once processed, staple receipt to un-processed ticket and place in Booth #3's register. 3. |f Patron requests Validation: g. Void transaction om power pad, b. Retrieve ticket from exterior mf ACT unit. o. Write amount of fee onun-prooeaeed ticket & validation code. d, Have patron complete a validation log entry. e. Press Gate button hn open gate for Patron. 4, Post manually processed tickets in the Manuel ticket section of the ACT Lane report to account for manual gate opening caused by pressing Gate button. 1, Starting ed the west side ofthe Short Term parking lot, accurately enter each license number uf each vehicle into the LP| device |m the correct row and space. 2� Proceed down each row until all vehicle license numbers inthe Short Term, Covered and Long Term lots are completed. 3. Check ticket dispensers tm determine if they need bzbe re-supplied and note the supply needs of each dispenser. 4. Return 1n plaza and proceed with down loading procedure. 5� If there is doubt about any particular vehicle's parking duration. The license plate inventory system may be accessed to determine a Patron's duration and number of days that vehicle has been in the lot. |n the event the computer hs down, manual time clocks will be used. The clock functions on the same principle ea the clocks at the entrance gates. When avehicle approaches anentrance gate, a ticket is stamped with the date and time and dispensed, When a vehicle arrives sdthe exit booth, the ticket is taken and stamped with the exit date and time above the entrance date and time, Short Term parking lot fee is computed at $1 .00 for each Y2 hour to a maximum of $7.OQ per 24 hour period. The Covered parking fee ia computed ed$1.5U for each hour toa maximum of$8.50 per 24 hour period. Long Term parking fee computed ot$1.OQ for each hour A»o maximum of$7.OU per 24 hour period. 5-\l 1. It is essential that date of entry be checked to determine how many days the vehicle has been in the bd. The machines are set up for military time (Figure 5-5). Computation io done by subtracting the date and time of entering the lot from the date and time ofexit. Time out 02/2320:43 Time in 02/23 C20:05 Total time 38 mins. Example- Vehicle parked in the lot for one or more hours: Time out O1/2822:50 Time in 01/26Y9:30 Total time 3hms. 20 mims. 2. The maximum rate is charged when a vehicle has been ina lot over five hours for Short Term, seven hours for Long Term or six hours in Covered parking lots. Example� Maximum parking for all lots Time out 03/03 20:00 -Time in 03103 06:30 Total time 13 hrs. 38 mnins. Example: Vehicle parked in the lot for more than one day is: Time out 04/19 16:42 Time in 04/15D6:24 Total time 4daya 10 hrs. 18rninm. Using the rate chart for Short Term parking, the fee is calculated at $50.00. The total time on the ticket is4 days @ $1OD0 per day plus another $1O for the 1&hours and 18minutes. The charge for the Long Term parking is $35.00. The 4 days ia $28.Q0. and 1U hours and 18 minutes io another $7.00 totaling $35.0U. The charge for Covered parking would be $42.50. $34D0 for 4 days of parking plus $8.50 for i0 hours and 18 minutes totaling $42.5O Another illustration of a possibly confusing computation is a date change during the time parked. The example that follows shows a vehicle im the lot for 22minutes, within which time the date has changed: Time out 09/05 00:11 Time in 09104 23:49 Total time 22 rains. At first glance it may appear that the vehicle has been in the lot at least a day (from the 4th to the 5th), but close review shows that the date change, which occurs at midnight, takes place within the 22 minutes parking time. 9= Time out 10/11 00:24 Time in 10/07 19:30 Total time 4 days, 4 hrs, 54 rains. The Short Term parking fee amounts to $50.00. The Long Term parking fee amounts to $33, The Covered parking fee amounts to $41.50. Rate charts are posted in each booth and in the Parking Lot System Procedures Manual. 0100 hrs - 1:00 a.m. 1300 hrs.- 1:00 p.m. 0200" - 2:00" 1400" - 2i00" 0300" - 3:00" 1500" - 3:00" 0400" - 4:00" 1600" - 4:00" 0500" - 5:00" 1700" - 5:00" 0600" - 6:00" 1800" - 6:00" 0700" - 7:00" 19001, - 7:00" 08001, - 8:00" 2000" - 8:00" 09001, - 91001, 2100" - 9:00" 10001, - 10:00" 2200" 10:00" 11001, - 11:00" 2300" 11:00" 1200" - 12:00" 2400" 12:00" 223MMOEBM A. The Parking/Ground Transportation Supervisor or designee shall be notified immediately in the event of malfunction of any parking lot revenue control equipment such as ticket 13 1. The Parking Lot Supervisor or designee shall if unable to resolve the situation report the problem to the Public Safety Manager and request assistance by the Airport Technical Support section. (Follow instructions in Part Six - Facilities, section 600.1). 2. Un the absence ofthe Parking Lot Supervisor or designee, equipment malfunctions shall be reported tn the Airport dispatch and communication center. Airport dispatch/com mu n !cations shall contact the Aviation Public Safety Manager for assistance. 3. The Airport technician person shall report for duty to make rnpmiro to malfunctioning equipment when they have received authorization from their designated supervisor. 4� If the Airport technical staff is unable to repair the equipment, he shall inform the Parking/Grounds Transportation Supervisor nrdesignee. G� The Parking/Grounds Transportation Supervisor or designee will arrange for repairs to be accomplished bynn outside agency, 8. The Parking/Grounds Transportation Supervisor or designee shall deliver repair invoices to the Sr. Account Clerk in Administration upon completion of the work. 500.09 Parking Fee Exemptions for Persons with Disabilities Reference: HB 2083 Section 6(B), Chapter 338, Article 6675-5 e.1, 1975, and VTCA A, General Rules Texas law authorizes some persons with disabilities to park in public parking lots, including airports, without payment of fees, The only people exempt from paying o fee are e disabled veteran, Purple Heart msuip|eot' or POW (Prisoner mfWar). Effective September 1' 19Q7 all previous exemptions allowed for persons with disabilities showing a Placard or license plates are no longer exempt. The only exemptions are as stated above. 1. On accountability form indicate whether the authorized person is a Disabled Veteran (DV). Purple Heart recipient (PN).or Prisoner nfWar. 2. Have the driver or disabled person sign the parking ticket. 500.10 Parking Lot Booth Maintenance Prior to leaving for the day, each Attendant shall ensure that their respective booth is left neat and dean. Aanhado|e of cleaning duties and o checklist shall be posted in each booth. Particular attention shall be given to: - garbage around equipment and mn the floor, - dust on counters, removal of personal belongings from view, - cleanliness and sanitation Vf the refrigerator, - cleanliness and sanitation of the microwave and surrounding floor and walls, - removal of food and other items which should not be left in the booth during days off. 500'11 Administrative Actions and Responsibilities for Robbery A. General Following a robbery, the Director of Aviation, designee, or person in charge shall ensure completion of applicable administrative actions after robbery assignments have been distributed and emergency actions have been implemented. B. Procedure 1. Record the following: a. Time the Robbers entered the area, b. Time Robbery Announced c. Time alarm was first activated d� Time the Robbers left e. Time Police arrived at the scene. 2. Keep everyone out of the areas entered or touched by the robbers until the Law Enforcement conclude the crime scene search for physical evidence. 3. Cooperate fully with Law Enforcement Officer. 4. Safeguard witnesses and their identity. Advise them to give their names and addresses only to Law Enforcement Officer and designated City and Airport Staff. 5. Safeguard the surveillance camera and film. Do not permit anyone to attempt to remove the camera or film until the Law Enforcement Officer authorizes the removal. 8, Furnish the Police with list of money taken during the robbery. 7. Allow only designated Airport Staff orPolice to handle inquires from accredited news media representatives. DO NOT RELEASE ANY INFORMATION (especially t,k-",- ,..mount of money taken) concerning the robbery. 8. Discourage unauthorized personnel from visiting the area until the preliminary investigation has been concluded. 0, An soon as emergency actions are concluded, encourage employees tntelephone home to advise families that they are safe. A. Employees shall maintain thorough familiarity with oofeh/ precautions, duties and responsibilities for robbery situations. It is strongly encouraged that each employee whose duties place them at risk of robbery memorizes and practices the prescribed procedures. 1. DO NOT TRY T0BEA HERO! Remain calm. Donot stare directly at the robbers eyes. Do nothing to provoke the rmbbnr(s) and take mmrisks. 2. OBEY the commands of the robber promptly and precisely, Repeat the robbers' demands es you are performing the demand. 3. As soon as there isno risk to you or others, activate the robbery alarm located under the left hand corner nf each work counter (Figure 5-6) WARNING 4. Give the robbers only the amount of money demanded. 5. Do not answer any telephones unless specifically instructed to do so by the robber. 8. |fa note ia used, avoid unnecessary handling. Retain eo evidence if able bndoso. 7. Touch nothing in areas where robbers were. Note any objects touched bythe robbers. 8. Be alert and observant. Concentrate nn description of robber closest toyou. Pay particular attention &o any unusual physical characteristics. Try io observe the type of weapon used, which hand was used, and whether gloves were worn. Never look robbers in the eyes. 9. From a safe pnsition, try to observe direction of flight of robbers and any accomplices or witnesses. Try to obtain e description and license plate number, but do not leave the area. 10. Do not discuss robbery details with anyone other than Law Enforcement personnel. 1. Victim M a. Once it is safe, immediately notify Airport Public Safety. If anyone is injured advise Public Safety. b. Fill out the information form to assist in identification of the robber. 2. Public Safety - H ' 1, - # W. ". Armed robbery and/or emergency of a life threatening nature (Code Blue). The Responding officer or officers shall roll vehicles with flashing red lights and sirens to assist and take control of the situation. Other trouble calls and non life threatening calls shall be: handled by radio or telephone. b. Notify appropriate mutual aid agency(s) (CCPD, EMS, etc.) and provide CCPD Dispatch with the following information: 1. Time and location of robbery, 2. Description of escape vehicle and direction of travel if known, 3. Description of robber(s) and direction of escape, 4. Type(s) of weapons observed and if shots fired. 5-17 TIME DATE ROBBERY SUBjECT NO- Provide as much of the information on this form as soon as possible without assistance before discussinq the details of the robbery with anyone. Remember that you ma be the only person who observed he suspects during the robbery or attempted robbeT. Do not fill in any parf of this description sheet if you are unsure of what you saw or heard. ill out a form for each suspect. Name of suspect(s) if known M Male M Female Age Height Weight Race and/or nationality Build Eye Color Hair Color Hair Style Complexion Scar /Marks/Tattoos Coat Trousers/Dress Socks Glasses Gloves Hat Accent or speech impediment Was any language other than English used? If more than one suspect did they refer to each other by name? What did the suspect say? AIRPORT PARKING LOT MANAGEMENT OPERATOR-S LIABILITY INSURANCE Airport Parking Lot Management Operator shall not commence business under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. B. Airport Parking Lot Management Operator 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) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. rKwo-wrol-21001totakire 30-Day Notice of Cancellation required on all certificates or by policy endorsement(s) Commercial General Liability including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damagc 6. Independent Contractors CRIME POLICY (including) I. Employee Dishonesty 2. Computer Fraud BUSINESS AUTOMOBILE LIABILITY 1, Owned 2. Hired & Non-owned PROPERTY INSURANCE EMPLOYER'S LIABILITY MINIMUM INSURANCE COVERAGE Bodily injury and Property Damage Per Occurrence / aggregate $1,000,000 Per Occurrence 52,000,000 Aggregate S100,000 $500,000 Cotribined Single Limit Air-port Parking Lot Management Airport Parking Lot Management Operator will be responsible for any and all damage to equipment used regardless if owned, rented, lea! or borrowed. Which Complies With The Texas —Workers' Compensation And Paragraph 11 Of This Exhibit. 5500,000 / $500,000 / 5500,000 C. in the event of accidents of any kind related to this project, Airport Parking Lot Management Operator shall rn furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REOUIREMENTS A. Airport Parking Lot Management Operator must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas lady. 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. Airport Parking Lot Management Operator's financial integrity is of interest to the City; therefore, subject to Airport Parking Lot Management Operator's right to maintain reasonable deductibles in such amounts as are approved by the City, Airport Parking Lot Management Operator shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Airport Parking. Lot Management Operator's sale 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). Airport Parking Lot Management Operator shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Airport Parking Lot Management Operator shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax D. Airport Parking Lot r required insurance, all insurance policies are r contain or be r •r to contain the followin,2 required provisions: Marne the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities ofd, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Airport Parking Lot Management Operator's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Airport Parking Lot Management Operator's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Airport Parking Lot Management Operator to discontinue sales hereunder, until Airport Parking Lot Management Operator demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Airport Parking Lot Management Operator may be held responsible for payments of damages to persons or property resulting from Airport Parking Lot Management Operator's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Airport Parking Lot Management Operator's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Principal 400000.00 Annual Interest Rate 6,0000 Balloon Payment Payments per Year 12 Number of Regular Payments 96 Payment Amount 5256,57 Q1 Show Amortization Schedule [ �C —al c=u Ila —te ] This loan calculator is w=ritten and maintained by Bret Whissol. See BreL's_Bjo L for help r , a spreadshect, derivations, calculator- news, and _ more information. Summary Principal borrowed: $400,000.00 Regular Payment amount-, $5,256.57 Final Balloon Payment: $0.00 Interest-only payment: $2,000.00 *Total Repaid: $504,630.72 *Total Interest Paid: $104,630.12 Annual Payments: Total Payments'. Annual interest rate: Periodic interest rate: Debt Service Constant: *Total interest paid as a percentage of Principal: 12 96 (8,00 years) 6M% 0.500091 15 76971 % 26.158% *Those results are estimates ivhich do not accoant for accumukited error of payinents being roundecl to the nearest` cent. See the amortization schedule for more accurale values, http://www,bretwhissel.net/cgi-bin/amortize 2/4/2013 Mortgage/Loan Calculator with Amortization Schcdulc "Exhibit I" Pmt Principal Interest Cum Prin Cum Int Prin Bal 1 3, 256. S-7 2, 000 OC, 3, 256 5- 2, 000 . 00 396, 743.43 2 3, 272.35 1, 983.12 6, X29, 42 3, 983.72 393, 470. 58 3 3, 28 9 22 1,967.351 9, 818. 64 51 9,r 1 . O'i 390, 181 .36 4 33 303D . 66 1,950,91 13,1 -24.30 7,901,98 386,8-75.70 322. 19 1 , 934. 38 16, 446. 4 9, 836.36 381, 5 5 3 6 3, 338.80 1 917 « -7-1 9,385 .29 1 7 D- 4 , 13 1., 38O,2'1 .71 7 .3,355.5, 1,901.07' 23,14x.79 13, 6 ED 5. 2 0 376,859.21 8 3,372.27 1,884 .30 26,513,06 15 , 539.50 373,4B6.94 9 3, 389, 14 1 , 867 . 43 29, Q02 .20 117,406,93 370, 097.609 1 3,406.08 1,850.49 33, 308.28 19,257.42 366, 691.72 11 3,423 >11 1,833.46 36,-/31 . 3 9 21,090.88 363,268.61 12 3,440.23 1, , 8 16 . 3 4 40,111,62 22, 907.22 359,828.38 13 3, X157.43 1 , %'99. 14 43, 629, 05 24, 7016.36 3,56, 370. 95 14 3,474.72 1,781.85 4-/, 103.77 26, 488.21 352,896,23 I J 3,492.09 1, °164,48 50, -395.86 28, 252. 69 349, 404.14 16 3,- 509,55 1,747.02 5 4 , 10 5 . 4 1 29, 999.71 345,894.59 17 3,527.10 1,729.4,7 57,632.53 31 , '12M-S 342, 36-?.49 18 3, 544 �-73 1 , 71. 1, . 814 61, 1 77. 2 4 331 441 .02 338, 822,76 19 3,567,46 1,694._1 64,139,7O' 35,135.13 335,260.30 20 3, 5-80.27 1, 6 "7'6.30) 68, 319.97 36,811.43 331,680.03 21 3,5983 1-7 1 ,658.4...0' 1 , 918.14 38,469,83 328,08 .86 22 3, 616.16 1,640..41 75, 534 . 3C' 10,110.221 324, 4 bb.'?O 23 3, 6 34 . 2 4 1 , 622 .33 79,!68.54 41,-132 3 2,D, 8 4 6 24 3, 6t2 .4 1. 1-604 . 16 62,820.95, 43,7-36.73 31-7,179.05 25 3,670.67 1, 58S.90 86,491.62 44, 922.63 31,3,508.38 26 3, 689.03 1, 56 r .54 90, 180.65 46, 490.17 309,819.35 27 3,70-/. 47 1, 519.10 93, 888-12 48, 039.2-7 306, ill . 88 28 3, 72_0.;.01, 1 , `30. -556 97, 614 .13 49, 5661. 83 302, 3881.87 29 3, 744 64 1,511.93 1011,35.8.777 S! ,081.76 298,641.23 30 3,76.1..36 1,493.21 10 -52122.13 52,5-71.91 294,811.0 31 3,-782 .18 1,4_14 .39 108, 904 .31. 574, 0149.36 29-, 0 9 !--) 69 32 3,80!1.09 1,452.48 112, '? 05 . 4 0 55,504.84 287,294.60 1 3 31 3, 8 2 0 . 1, 0 1 , 4 3 6 . 4 v 1-16, 5 2 5 0 56, 941.31 -7 4 283, 4 1 .50 34 3,839.20 1,417.37 1-20f364.70 58,358.68 279,635.30 35 3, 8, -) 8 3 9 1 , 398.18 -124,223.09 5 9, 7 �6 . 8 6 275, "!16.91_ 36 3, 8-77 69 1, 378 88 128,10C.78 61, 135.74 2?1,899.22 . ...... ... 37 3, 89'/ 07 1, 3`t 9..50 131, 99-7 i35 62, 495. 24 268,002.15 38 3, 916.56 1 340.01 135, 914 .41 63,835.25 264, 08:1.51 39 3,936.14 1,320.1:3 139, 850.55 65, 155 . 68 260;,1.49,45 40 3,955.82 1,300.75 143,806.3-1 66, 456.43 256,193.63 41 3,975.60 1,280.97 147, -1181 . 9-7 67, "13'1.x;0 252,2 €8.03 42 3, 995.48 1,2}6:.`9 151, 7-7-f.45 69, 992 49 248,222.55 43 4 , 0 15 � 46 1,41. 1. 1 15 5, , 7 9 2 91 -70, 239 . 60 244,207.09 44 4, 035 «5 i, 221.04 159, 828 14 -/1,4f3o 64 240, 171 .56 I D 4, , /1 055 1 , 2 00, . 8 6 163,884 .15 �2, 66 a . �,O 236,11-5.2b - 46 4, 0-7-.1. 99 1, 180, SS 16-1,960.14 73,842,'08 2 32 , 039 , 8 6 47 4, 09o-.3-/ 1, 160.20 172, 0) b 6 . b 1 75, 002.28 227,943.�9 48 4 , " 16.85 1,139.12 17621173.36 -16,142.00 223,826.64 49 4 , 137,44 1 113.''_3 }80,31_0,80= 21.133 219, 689 . 2)O 4, 158. 12 1,096 .45 1@4, 468 «92 78, 359.58 2' -J, 537 .08 4, 118.91 1 0101 6 6 188,647.873 79, 4 37.2`1 2- 1, 352. 1 52 4,799.21 ',03;6.7., 11 92 , 8 4 -7. 64 80, 494 00 20;,? - 5- 2 3 G, 53 4,220.81 1, 035.76 197,068.45 81,'529.76 202, 9 3 5 F) 54 4,291.91 1, 01 4 . 6.6 201,310. 36, 82, 544.42 19F9, 689. 664 5S) 4, 263. 1✓ 993.45 20 S-1 , 573. 4 8 8-3, S- 8 -"7 19,1,, 42c- 52 56 4, 284 44 9-,2.13 209,857.92 84,512;. "00 190, 1 4 2 S7 4, 305.8'6 9 3 () , *7 1 214,,--,(,3.78 85, 46x .-71 185, 836.2? Z� http://www.bretwhissel.net/egi-bin/amortize 2/4/2013 *The fir, at payment has been adjusted to account for payments having be e. . rounded to the nearest cen[. P age 3 of 3 http://www.bretwhissel.net/egi-bin/amottize 2!4/2013 "Exhibit I" Mortgage /Loan Calculator with Amortization Schedule Pmt Principal Interest. Cure Prin Cure Int Prin Foal 58 4,321.39 9.29,18 219,491.,17 86,389.89 1818508.83 59 4,:349,03 907.51 222,840.20 87,297,43 1 71,15MO 60 4,310,'77 885,80 227,210.97 88,E83.23 11 789.03 61. 4, 392. 62 863. 95 231., 603.59 89,04-1 .18 168,396.41 62 4,414.59 841.98 236,018+.18 89,889.16 163,981.82 63 4,436.66 81' 91 2.417,454.84 90,709.07 159,545.16 64 4,458.84 197.73 544,913.68 91,506.8u, 155,086.32 ij 4,481.14 715,43 249,394.132 92,282.23 '_70,60_`,.78 66 4, 5083. 54 7,53.03 253, 898.36 93, 035.26 146, 101 64 67 4,526.06 73(1',.51 258,424,4'2 93,765, "3 "I 141,575.58 683 4,543.59 707,88 262,973.11 94,413.65 "'_37,076.89 571,44 685. <3 26'7,544.55 95,158.76 132,455.45 70 4, 594.39 662.28 2-12,138,84 95,821.06 12`,0, 861.16 1 4,617.26 639.31 2,6,756.10 96,460.37 123,243.90 72 4,6 -40.35 6186.22 281,39'6.45 97,076.59 1- _9,603.55 73 =,663.55 593 .02 286,060.00 97,669.61_ 113,940.00 74 4,686.87 569.' /C) 290,746.437 98,239.31 109,253.13 15 4,710.30 54 6.27 2.95, 451 , 1. 0 98, 785.:2,3 104, 54,,..133 rte 4,733.86 522.71 300,191.03 99,308.29 99,8'08,91 l7 4,757.53 499.04 304,948.56 99,807.33 95,051.44 78 4, 781 , 31 475 .26 309,729A-7 100,282.59 917, 2 70. _3 79 4,805.22 4'51.35 314,535.09 100, "73; 9" 85,464.91 80 4,829.25 42/,32 319,3604.34 101,1,61 ".c6 80,635.66 131 4,85-3.39 403.18 324, 21'7 .73 10 -�, 5 6 s .44 -75,782.27 82 4,877,66 378.91 329,095.39 111,943.35 7C 9()4 61 83 4,902.05 3':4.52 333,997.44 102,297.87 66, 002, 5C 834 4, 926.56 330A1 339, 914 .00 '_G2, 627, 88 61, 076.0 +0 7 4,971.19 305.38 343,815. -=.9 102,933.26 65,124.81 86 4,9r5.95 280,62 348,851.14 111.3,213.88 5,1,14;.86 97 5,000.83 255. -14 353,351.97 103`469.62 46,148.03 88 5. ",02`5.(8�3 230,..14 3358, 8y,- 7 "f,Est}0 1�03,(7�00.36 4 89 5, Oso.96 205 61 363, 92B u / 6 10,x,. 90`; 9-1 }}1,1'22.1:03.. 36, 0-7 �. ., 2.4 90 5, 076.2..1 180.36 369,'00'4 .9 '1 10 4,4086.."33 30, 995.03 9i 5,101.59 1S -I,98 374,106.56 104,241.31 25,893.44 9 5, 12-, 10 1.29.4 7 379,233.66 104, 310. 78 20, %66.34 93 5 , 15 2.,14 1113.83 384,386,.40 104,474.61 15,61.3,60 94 5, 1-18 .50 18 .01 i 389, 5£ .90 1304. 552 . 68 10, 4 35 . 10 95 5,2O4.39 52.._8 394,7169.29 - 10x',604.86 5, 230'.7'1 96 '5,230.71 26.15 400,000.00 104,634.01 `:!.00 *The fir, at payment has been adjusted to account for payments having be e. . rounded to the nearest cen[. P age 3 of 3 http://www.bretwhissel.net/egi-bin/amottize 2!4/2013